Mayor and City Council
March 2, 2022

CITY OF SAN BERNARDINO
AGENDA

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR

AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND

CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY
WEDNESDAY, MARCH 2, 2022
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION

FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG

Theodore Sanchez John Valdivia Damon L. Alexander
COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra

Robert D. Field
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
MAYOR PRO TEM, WARD 3

CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6

Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT O PTIONS OR CLICK ON THE FOLLOWING LINK:
https://sbcity.tiny.us/PublicCommentOptions

o Please contact the City Clerk’s Office (909) 384 -5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o Si necesita un intérprete en Español comuníquese con la Secretaria Municipal 72 horas antes de la reunión del consejo. [email protected]

o To view PowerPoint Presentations, written comments, or any revised documents for this meeting date select the link https://tinyurl.com/agendabackup030222

o From the City’s homepage www.sbcity.org select the Government category -> City Clerk -> on the Navigation menu select Search for Records Online -> Council Agendas -> Current Year 2021 -> Meeting Date
Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 2 Printed 2/25/2022

CALL TO ORDER

Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Theodore Sanchez   
Council Member, Ward 2 Sandra Ibarra   
Mayor Pro-Tem, Ward 3 Juan Figueroa   
Council Member, Ward 4 Fred Shorett   
Council Member, Ward 5 Ben Reynoso   
Council Member, Ward 6 Kimberly Calvin   
Council Member, Ward 7 Damon L Alexander   
Mayor John Valdivia   
City Manager Robert D. Field   
City Attorney Sonia Carvalho   
City Clerk Genoveva Rocha   

5:30 P.M.

CLOSED SESSION PUBLIC COMMENT

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
a. Miguel A. Mondragon, et al. v. City of San Bernardino, et al. , San Bernardino Superior Court Case No. CIVSB 2103398

B) CONFERENCE WITH LEGA L COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)):

One Item

C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager
Employee Organizations : San Bernardino C onfidential Management Association; Possible Future Unrepresented Executives
Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 3 Printed 2/25/2022 7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

CITY MANAGER UPDATE

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

APPOINTMENTS

1. Charter Review Committee Appointment (Mayor Appointment) Recommendation
It is recommended that the Mayor and City Counc il of the City of San Bernardino, California, approve the Mayor’s appo intment of Ms. Sea n Kelley to the Charter Review Committee. Council Staff has verified that appointee is a registered voter within the City.

DISCUSSION

2. Fiscal Year 2021/22 Mid-Year Update (All Wards)
Recommendation
It is recommended that the Mayor and C ity Council of the City of San Bernardino, California:

1. Receive and File the Fiscal Year 2021/22 Mid-Year Budget Report; and

2. Adopt Resolution No. 2022-54 Authorizing the City Manager to Amend the Fiscal Year 2021/22 General Fund Operating Budget by $4,824,732 as outl ined in the Fiscal Year 2021/22 Mid-Year Budget Report.

PUBLIC HEARINGS

3. Resolution Approving Street Vacation of a Portion of H Street (Ward 1) Recommendation
Adopt Resolution 2022 -40 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of H Street west of 2 nd Street and reservation of utilities therein.

Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 4 Printed 2/25/2022

CONSENT CALENDAR

4. Veterinary Supplies for Animal Services (All Wards)
Recommendation
Adopt Resolution No. 2022 -41 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Goods Purchase Agreement and authorizing the Director of Fina nce to issue a purchase order to Victor Medical Company in an amount not to exceed $150,000 annually to purchase veterinary supplies and medications for animals impounded at the shelter.

5. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for February 2022.

6. Side Letter Agreement Between the City and the San Bernardino Police Officers Association (All Wards)
Recommendation
Adopt Resolution No. 2022 -43 of the Mayor and City Counci l of the City of S an Bernardino, California, approving a Side Letter Agreement to the Memorandum of Understanding (MOU) between the City of San Bernardino and the S an Bernardino Police Officers Association (SBPOA), amending Article III, Section 6(C); and amending Resolution Nos. 2018-287 and 2020-132.

7. Resolution Requesting Authorization to Move Spectrum to 10GB Speed (All Wards)
Recommendation
Adopt Resolution No. 2022-44 of the Mayor and City Council of the City of San Bernardino, California, authorizin g the City Manager to execute an Enterprise Service Agreement with Spectrum increasing the internet speed from 1GB to 10GB for both City Hall and the Police Department, in an amount not to exceed $7,480 per month total.

8. Annual Renewal of the City's Property Insurance for Fiscal Year 2022/23 Recommendation
Adopt Resolution No. 2022 -42 of the Mayor and City Council of the City of San Bernardino, California, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,601,000 for the term begi nning April 1, 2022 and ending March 31, 2023; and au thorizing the City Manager to execute all related documentation.

Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 5 Printed 2/25/2022

9. Accept the FY 2021-22 California Library Literacy Services Grant (All Wards) Recommendation
Adopt Resolution 2022 -45 of the Mayor and City Council of the City of San Bernardino, California authorizing the acceptance of grant funding in the amount of $87,752 from the California State Library's California Library Literacy Services (CLLS) and authorizing the Director of Fi nance to amend the FY 2021/22 adopted budget for revenue and expenditures to appropriate the funding.

10. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 12, Tax Zone No. 13 (T aco Bell) (Ward 3)
Recommendation
Adopt Resolution No. 2022 -46 of the M ayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019 -1 (Maintenance Services) of the C ity of San Bernard ino, adopting a map of the area to be proposed (Annex ation No. 12) and authorizing the levy of a special taxes therein.

11. Public Works Equipment Purchase - Avant Compact Wheel Loader and Collecting Brush (All Wards)
Recommendation
Approve Resolution No. 2022-47 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Volvo Construction Equipment and Services for the purchase of one new Avant Compact Wheel Lo ader and Collectin g Broom Attachment in an amount not to exceed $127,000.

12. Dement Street Relinquishment by the State of California (Ward 5) Recommendation
Adopt Resolution No. 2022 -48 of the Mayor and City Council of the City of San Bernardino, Californ ia, accepting titl e control and maintenance to a reconstructed portion of Dement Street upon relinquishment by the State of California and receipt of written notice from the State that the work thereon has been completed.

13. Annual Purchase Order for Fairview Ford (All Wards) Recommendation
Adopt Resolution No. 2022 -49 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an Agreement with Fairview Ford and issue an Annual Purchase Order to Fairview Ford for the purpose of supplying Ford parts, service and body repairs in an amount not to exceed $230,000 on an annual basis with four single year renewal options to the Public Works Department, Fleet Division for the maintenance of City owned vehicles and equipment.

Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 6 Printed 2/25/2022

14. Award of a Professional Services Agreement for Construction Management and Inspection Services for Upgrades to Various Traffic Signal Hardware (All Wards)
Recommendation
Adopt Resolution No. 2022 -50 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement with Anser Advisory in an amount not to exceed $280,000 for construction management and inspection services for upgrades to various traffic signal hardware at 224 signalized intersections (Project).

15. Resolution Declaring Intent to Annex Territory CFD No. 2019-1 Annexation No. 15 - 5TH & G Street (Ward 1)
Recommendation
Adopt Resolution No. 2022 -51 of the Mayor and City Council of the City of San Bernardino, Califo rnia, declaring its intent to annex territory into Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 15) and authorizing the levy of a special taxes therein.

16. Rejecting Construction Bids for Connector Pipe Screen (CPS) & Automatic Retractable Screen (ARS) TMDL’S- Track 1 (All Wards)
Recommendation
Adopt Resolution No. 2022 -52 of the Mayor and City Council of the City of San Bernardino, California, rejecting Construction Bids for Connector Pipe Screen (CPS) & Automatic Retractable Screen (ARS) TMDL’S- Track 1.

17. Authorizing the Execution of Third Amendment to Regulatory Agreement Recommendation
Adopt Resolution No. 2022 -53 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorizing the execution of the Third Amendment to Regulatory Agreement and Declaration of Restrictive Covenants (“Amended Regulatory Agreement”) for Tuscany Apartments (formerly Silverwood Park Apartments) b etween CF Tuscany 2014, L.P. and the City of San Bernardino , extending the period of affordability for 66 units; and

2. Authorizing the City Manager or designee to execute the agreement.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

18. Reconsider the Removal of the Oxbow Cement Pile (Ward 5) (Council Member Reynoso)
Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 7 Printed 2/25/2022

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, March 16, 2022, in the Council Chamber located at 555 West 6th Street, San Ber nardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

CERTIFICATION OF POSTING AGENDA

I, Genoveva Rocha, CMC , City Clerk for t he City of San Bernardino, California, hereby certify that the agenda for t he March 2, 2022 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City’s bul letin board located at 201 North “E” Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City’s website sbcity.org on Friday, February 25, 2022.

I declare under the penalty of perjury that the foregoing is true and correct.

___________________________________
Genoveva Rocha, CMC, City Clerk
Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 8 Printed 2/25/2022

NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor an d City Council Act ing as the Successor Agency to the Redevelopment Agency on any item appeari ng on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized.

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor an d City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.

The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Red evelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as t he Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on t he agen da unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 9 Printed 2/25/2022

PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to [email protected]. Written public comments rec eived u p to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909 -384-5002 or [email protected] for assistance outside of this timeframe.
2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut-off time for public comment, and the time may vary per meeting. If you wish to sub mit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://sbcity.tiny.us/PublicCommentOptions .
3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom)
a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 900-6833. When prompted, enter the Meeting ID: 677-845-9453 Passcode: 2021
The public may begin joining the meeting on Zoom or by calling -in to be added to the speaker queue at 5:15 PM for Closed Session.

Once admitted to the Zoom Public Comment meeting to reques t to speak at the appropriate time:
ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller’s phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.

Continued next page…

Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 10 Printed 2/25/2022

B) Join the Meeting by clicking on the Zoom link below:
https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09
Meeting ID: 677 845 9453
Passcode: 2021
You can also Go to Zoom.us and click "Join a Meeting" at the top.

Enter the Meeting ID: 677-845-9453
Passcode: 2021
Public Hearings:

If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompte d by staff when the item is being discussed.

Closed Session

City of San Bernardino

Date: March 2, 2022

To: Honorable Mayor and City Council Members

From: Sonia Carvalho, City Attorney

Subject: Closed Session

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
a. Miguel A. Mondragon, et al. v. City of San Bernardino, et al. , San Bernardino Superior Court Case No. CIVSB 2103398

B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Purs uant to Government Code Section 54956.9(d)(4)):

One Item

C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager
Employee Organizations: San Bernardino Confidential Management Association; Possible Future Unrepresented Executives
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Appointment

City of San Bernardino
Request for Council Action

Date: March 2, 2022

To: Honorable Mayor and City Council Members

From: John Valdivia, Mayor

Subject: Charter Review Committee Appointment (Mayor Appointment)

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Mayor’s appointment of Ms. Sean Kelley to the Charter Review Committee. Council Staff has verified that appointee is a registered voter within the City.

Background
The Charter Review Committee was established by Resolution No. 2017 -243 on December 20, 2017 and is tasked with completing a periodic review of the City Charter to identify potential amendments that enhance clarity, efficiency, and the pri nciples of the council-manager form of government.

The committee is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council Member shall nominate one member who s hall serve during and for the term of the nominating Council Member, and the Mayor.

2021-2025 Strategic Targets and Goals
The proposed committee appointment aligns with Key Target No. 2: F ocused, Aligned Leadership and Unified Community by building a cult ure that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Mayor’s appointment of Ms. S ean Kelley to the Charter Review Committee. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 Commission Application - Ms. Sean Kelley
Attachment 2 Resolution 2017-243
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1.a
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Attachment: Attachment 1 Application - Sean Kelley (8818 : Charter Review Committee Appointment (Mayor Appointment))

1.a
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Attachment: Attachment 1 Application - Sean Kelley (8818 : Charter Review Committee Appointment (Mayor Appointment))

1.a
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Attachment: Attachment 1 Application - Sean Kelley (8818 : Charter Review Committee Appointment (Mayor Appointment))

1.b
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Attachment: Attachment 2 Resolution 2017-243 (8818 : Charter Review Committee Appointment (Mayor Appointment))

1.b
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Attachment: Attachment 2 Resolution 2017-243 (8818 : Charter Review Committee Appointment (Mayor Appointment))

1.b
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Attachment: Attachment 2 Resolution 2017-243 (8818 : Charter Review Committee Appointment (Mayor Appointment))

Discussion

City of San Bernardino
Request for Council Action

Date: March 2, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance

Subject: Fiscal Year 2021/22 Mid Year Update (All Wards)

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Receive and File the Fiscal Year 2021/22 Mid-Year Budget Report; and

2. Adopt Resolution No. 2022-54 Authorizing the City Manager to Amend the Fiscal Year 2021/22 General Fund Operating Budget by $4,824,732 as outlined in the Fiscal Year 2021/22 Mid-Year Budget Report.

Background
In December 2021, the Mayor and City Council reviewed the first quarter report for Fiscal Year 2021/22. The first quarter report included information on the higher -than- expected revenues at the close of Fiscal Year 2020/21 as well as detailed information on the general fund revenue trends and expenditures. The Mid -Year report for Fiscal Year 2021/22 is a continuation of the budget monitoring and performance for the year.

Included in this report is a review of the City’s revenue trends and projections as well as a review of the general fund expenditures and projections for the remainder of th e fiscal year. The Mid -Year budget report is an important opportunity to review projected revenues and expenditures for the remainder of the fiscal year and provide an assessment on any additional funds that are needed . This mid-year review also frames budget targets heading into the new biennial budget for Fiscal Years 2023-2024.

Discussion
Following the first quarter report, the City’s finance team worked in close partnership with departments to put together a mid -year review of the operating budgets. E ach department prepares revenue estimates and projected expenses for the remainder of the year. In reviewing the budget performance with departments, the city’s finance and budget division identifies areas where there are potential savings to utilize for department needs and also identifies areas where additional appropriation is needed for the remainder of the fiscal year. Further into this report, there is a detailed outline of the 2 Packet Pg. 19
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general fund expenditures and operating budgets. Many of the departments r emain within target for the year, however, some departments have experienced unforeseen expenditures that require additional funding.

Further, due to the continued growth and period of rebuilding within the City of San Bernardino, there are several reque sts before the Mayor and City Council to review for additional funding. These requests are thoroughly reviewed by the City’s budget and finance teams in partnership with the departments and City Manager’s Office. These requests supplement the ongoing work within the departments and expand the ability for these teams to meet the needs of the community. These requests are detailed below with the fiscal impact for this fiscal year in addition to the on -going fiscal impacts where relevant.

Overall, the projec ted expenditures in the general fund through the end of the Fiscal Year are $178,833,605, with general revenues coming in over $184,782,824. The difference in the projected revenues and expenditures allows for some additional expenses to be considered, par ticularly those that expand the service levels and benefits to our community. These additional considerations are outlined below. Due to the continuing period of growth, strong revenue trends, and significant fund balance due to the higher -than-expected re venues at the end of the last fiscal year, the budget division and finance team feels confident in recommending these additional expenditures.
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General Fund Revenue Trends
The City of San Bernardino continues to operate in a period of continuous growth rendering strong revenue trends year to date through December 31, 2021. Overall, revenues are trending either on target for the projected budgeted amount or slightly higher. The primary drivers of the City’s revenue continue to be from Sales and Use Tax and Measure S, but revenue from licenses and permits as well as revenue from Cannabis are trending higher than projected for the fiscal year. The review below covers some of the primary areas where revenue projections have altered from the amended budget amount.

Adopted Budget
FY 22
Amended Budget
FY 22
Actual Through
12/31/21 Projections FY 22
Charges for Service 5,970,300.00$ 7,470,300.00$ 4,306,716.07$ 7,342,180.00$ Fines & Forfeitures 1,478,500.00$ 1,478,500.00$ 437,280.43$ 1,104,000.00$ Franchise Tax 11,781,000.00$ 11,781,000.00$ 3,142,071.34$ 11,781,000.00$ Intergovernmental 2,243,602.00$ 2,746,947.00$ 440,773.87$ 2,276,315.00$ Investment Income 500,978.00$ 500,978.00$ 398,571.01$ 578,978.00$ Licenses & Permits 11,858,000.00$ 11,858,000.00$ 5,621,157.74$ 12,988,000.00$ Miscellaneous 2,766,037.00$ 2,778,037.00$ 215,748.29$ 2,798,037.00$ Other Taxes 7,493,262.00$ 7,493,262.00$ 3,775,879.91$ 9,566,986.00$ Property Taxes 19,267,608.00$ 19,267,608.00$ 125,151.73$ 19,267,608.00$ Sales & Use Tax 45,391,210.00$ 45,391,210.00$ 14,371,959.47$ 48,000,000.00$ Use of Money & Property 779,600.00$ 779,600.00$ 109,500.79$ 779,600.00$ Utility Users Tax 22,700,000.00$ 22,700,000.00$ 11,981,351.78$ 22,700,000.00$ Cannabis Revenue 1,170,120.00$ 3,080,566.81$ 2,861,063.92$ 3,600,120.00$ Measure S Total 41,016,456.00$ 41,016,456.00$ 11,848,707.51$ 42,000,000.00$ General Fund Total 174,416,673.00$ 178,342,464.81$ 59,635,933.86$ 184,782,824.00$

CITY OF SAN BERNARDINO REVENUE ESTIMATES
FY 2021-2022

Fines and Forfeitures
This revenue stream is comprised of several sources including parking citations and civil penalties. Currently, the projected revenue from these sources is expected to fall slightly under the amended budget amount based on the revenue collected year to date.

With the Police Department finalizing the recruitment of parking enforcement officers, this revenue could potentially increase.

Intergovernmental
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The primary driving force behind the revised revenue projection in this cat egory is due to the City not yet receiving recoverable expenses for police department overtime at outside events.

Sales & Use Tax
The City is primarily a sales -tax dependent City, with Sales and Use Tax, and the Measure S Transaction and Use Tax represen ting nearly 50% of the FY 2021/22 General Fund revenues in the adopted budget. Sales tax receipts are reported and remitted to the State on a monthly basis, and the City receives its remittance two months after the taxes are collected. The mid -year update reflects two months’ worth of sales tax receipts, and the revenue trends continue to stay on budget, if not trending slightly higher than the amended budgeted amount. A portion of the increase in sales tax collections is driven by the auto buying market, w hich continues to see steady increases in sales . Based on the strong sales tax returns year to date, we are revising the end of year projections from the amended budget amount of $45.4 million up to $48 million.

Measure S
Like the sales and use tax, this Transaction and Use Tax (TUT) represents a considerable portion of the City’s General Fund revenue and continues to perform well.

When Measure S was adopted in November 2020, it was projected to bring in an additional $27 million. The actual numbers we ha ve seen to date indicate that revenues from Measure S are trending higher than originally projected. For Fiscal Year 2021/22, though consultants are forecasting significantly higher revenues based on trends, staff is adopting a more cautious approach in co nsideration of economic indicators and declining consumer confidence, projecting a modest increase from the budgeted amount of $41 million to $42 million for Fiscal Year 2021/22.

Cannabis Revenue
Cannabis revenue comprises just under 2 percent of the tot al revenue for the City. The revenue comes to the City through permit application and regulatory fees, special events, as well as the cannabis tax which comprises the largest component. Revenues are coming in slightly higher than anticipated and therefore reflected in a revised projection for Fiscal Year 2021/22.

Licenses and Permits
Revenue from various licenses and permits are currently trending higher than budgeted. 2 Packet Pg. 22
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The increase in development activity within the community is reflected in the increase i n building, mechanical and various other permit fees.

Property Taxes
The actuals year to date on the property tax revenues appear low, however, the receipts for these are received in January and June. The snapshot above only captures revenue collected through the end of December 2021 and therefore doesn’t reflect the payments the City received in January.

General Fund Expenditures
Departments have continued to work to fill positions and bring service levels within our programs and initiatives back to lev els that can better serve the community. During the mid-year review process, the finance team reviews the actual expenditures year to date with each department and projects areas that may need additional funding through the end of the fiscal year due to unexpected expenses.

The chart below provides a snapshot of the current year to date transactions through December 2021 in the general fund departments and the anticipated projections for the end of the fiscal year. Many of the departments remain on track for the fiscal year with a few exceptions that will require additional funding as outlined below.

FY 2021/22 FY 2021/22 FY 2021/22 FY 2021/22 Variance
Department Adopted Amended Mid Year Mid-Year Amended to Budget Budget YTD Update Mid-Year
010 Mayor 367,096 367,096 192,471 367,096 - 020 City Council 836,795 869,289 506,012 869,289 0.19 030 City Clerk 1,540,453 1,603,512 498,310 1,603,512 - 050 City Attorney 2,836,729 2,836,729 1,563,404 3,836,759 (1,000,029.24) 090 General Government 9,093,654 9,168,654 3,990,471 9,167,975 678.31 100 City Manager 1,738,851 1,727,696 838,386 1,753,512 (25,816.20) 110 Human Resource 2,003,587 2,477,929 922,117 1,769,196 708,733.46 120 Finance 4,909,915 5,137,836 2,211,247 5,025,579 112,257.28 150 Assessment Districts 138,000 138,000 34,500 138,000 - 160 Capital Projects 25,720,000 25,770,094 7,881,757 15,763,514 10,006,580.00 180 Community & Economic Development 7,584,317 9,430,041 3,049,244 9,388,476 41,565.10 210 Police 92,622,058 94,895,689 56,552,525 96,890,813 (1,995,123.77) 380 Parks Recreation & Community 4,747,495 4,973,860 2,085,949 4,155,729 818,130.10 400 Public Works 22,240,480 25,044,783 10,013,094 24,521,904 522,879.39 470 Library 2,745,256 3,009,601 1,312,266 2,854,821 154,779.96 Total Expenditures 179,124,684 187,450,809$ 91,651,753$ 178,106,175$ 9,344,635 City of San Bernardino
Fiscal Year 2021/22 General Fund Expenditures
Mid-Year Budget Update

Budget Amendments Current Service Levels:
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In reviewing the operating budget expenditures at mid -year a few items were identified that will require additi onal budget amendments. Staff is requesting that the Mayor and City Council approve the following budget amendments due to unforeseen expenses:

Fund 635- Fleet Services Fund
Fund 635 is the fleet services fund. Due to an increase in the fuel excise tax th e amount budgeted in this fund was lower than the actual expenses for this fiscal year. Staff is recommending an addition of $80,850 to cover these additional expenses. Further, this fund has seen an increase in electric charges and will need an additional $50,000 for a total of $130,000.

Fund 629- Liability Fund
Due to increasing claim settlements that have come in this year and additional claims that are expected through the remainder of the fiscal year, this fund is requesting an additional allocation of $1,154,350.

NOTE: funds 635 and 629 are internal service funds that provide services to internal departments within the City. Costs in these funds are distributed to departments within the General Fund, and any increase is a cost to the General Fund.

Police Department
The Police Department has seen an increase in overtime expenses for special events that was not anticipated in this Fiscal Year’s budget. The department requires an additional $550,068 to cover the overtime, which is offset by special ev ent revenue to some degree . The increase in overtime requires the approval of Council in order to increase the department’s budget. There are several other areas where the department has seen budget overages on expenditures which is reflected in the nearly $2 million deficit in the chart above. Many of these can be covered through administrative transfers from salary savings in other departments. These allocations and transfers will be included in the budget amendments and transfers between departments prov ided to Council on a quarterly basis when they are completed. (See Transparency and Accountability, below)

City Attorney
The entirety of the proposed budget increase associated with the City Attorney’s Office is for specialized legal counsel, not the regu lar (retainer-based) day-to-day legal work and review. The increase is predominantly associated with increased litigation. The City has seen an increase in litigation since exiting Chapter 11 Bankruptcy. The City no longer enjoys the benefits of bankrupt cy protection and plaintiffs' attorneys once again see the City as a viable target for litigation. The City has several large cases that remain outstanding and the department requires an additional $1,000,000 this fiscal year to cover the on-going cost of these specialized services. The increase in the budget in this area is also reflective of the trend toward a higher proportion of legal expenditures being handled by the City Attorney’s Office rather than across multiple departments’ budgets.

While City’s total legal spend has decreased and the proportion of governmental expenditures that are legal expenditures has decreased, the City Attorney’s Office budget handles a much higher proportion of the City’s legal expenditures than it 2 Packet Pg. 24
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previously did.

City Manager’s Office
The City Manager’s office in the chart above reflects a deficit for the year due to the payment of leave accruals upon the departure of a long -time department employee.

This deficit will be covered through salary savings within the department.

Transparency & Accountability
In December, the Council approved amendments to the City’s Municipal Code that granted authority to the City’s finance team to make administrative transfers within the City’s budget. These amendments enabled greater fle xibility to transfer available resources within a given fund between departments and allowed finance staff to allocate salary or personnel savings to operating expenses. For those departments that had small deficits due to unforeseen costs, the finance sta ff will transfer funds from personnel savings or from other areas within department budgets to cover the difference. For example, a department may have a deficit due to a vacation payout for an employee who departed from the City. While unexpected, the cos t is covered through transfers from salary savings within the department or within the organization.

This doesn’t impact the total expenditures, or the spending authority granted to staff through the adoption of the budget.

Budget Monitoring & Planning
Furthering the mission on transparency and accountability to the community, the City’s Finance department is continuing to develop the OpenGov online budget book. We anticipate that this will be available for full review at the end of March 2022. This will b e an important resource and tool for Council and the community to take a deeper dive into the City’s expenditures, understand where our resources are allocated and make important decisions about how to spend future dollars.

Budget Amendments- Increasing Service Levels
During the mid -year review with departments the following requests were identified in order to meet the on -going demand for services in the community. These requests all increase the current service level and require additional funding . Staff is recommending the approval of the following amendments to the Fiscal Year 2021/22 budget:

City Council
The City Council has requested an additional $3,000 for this Fiscal Year to increase the postage funding available for mailings. These mailings ar e intended to communicate with and engage the community and are an important part of reaching residents and keeping them informed on important topics and issues in their City.

City Manager’s Office
The City is experiencing an increase in developer inter est, managing historic levels of new grants and special projects and investing in improvements throughout the community. As the City works to improve the quality of life for the community, engage residents and provide adequate resources so that Council priorities receive the attention necessary to ensure their success, the City Manager’s Office is requesting two 2 Packet Pg. 25
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additional positions for their team. One Senior Management Analyst position will assist with budget and policy development priority areas. The seco nd position , an Administrative Analyst , will support a variety of administrative functions and allow the Senior Analyst to dedicate a greater portion of time to higher level analysis. This increase in staff will improve capacity to move critical projects f orward. The estimated cost for these two positions is estimated to be $80,977 for Fiscal Year 2021/22 and $249,467 annually going forward.

Police
The Police Department is requesting an additional Property Evidence Technician position. The department has s een a 45% increase in the pieces of evidence requiring processing annually over the last four years. The department estimates that out of nearly 100,000 pieces of property currently in evidence, 70% are items that are no longer needed. However, without the staff to inventory items and dispose of them properly, the storage capacity for property has reached its limit. The addition of this staff person can support processing an additional 5,000 pieces of property per year. While this will not address the full backlog, it will help to significantly reduce it. The fully encumbered cost for this position is $18,128 for Fiscal Year 2021/22 and a total cost of $172,587 annually going forward .

Animal Services
Pet licensing services helps to ensure that pets within t he City of San Bernardino are not only licensed but also have current rabies vaccinations. The Animal Services Department is requesting an additional six seasonal license checkers that would be responsible for canvassing the City to enforce licensing requi rements. Further, these individuals would help to educate the community around the responsibilities of pet ownership within the City as outlined in the municipal code. The cost for these positions could potentially be offset by the increased revenue from l icensing. It’s estimated that on average a successful canvasser can bring in additional $100 per day in revenue. The cost for these positions in Fiscal Year 2021/22 is $75,000 and would carry an ongoing personnel cost of $300,000 into Fiscal Year 2022/24.

Animal Services is requesting an increase to their existing funding for contract veterinarian services for the care of animals at the shelter and for the performance of spay/neuter services. These contract veterinary staff serve animals in the shelter and the community. The increase requested for Fiscal Year 2021/22 is $150,000.

Animal Services is also requesting a new registered Veterinary Technician position.

This position will focus on the support of all clinic duties. Due to an increase in the demand for services, this position will support the ongoing efforts within animal services.

This is a new position and classification that will need final salary range approval; however, it is estimated to cost $25,000 for the remainder of Fiscal Year 2022 and h ave an ongoing cost of $100,000 annually.

Public Works
The City's inactive landfill, the Waterman Landfill (WLF) continues to require maintenance and monitoring per South Coast Air Quality Management District 2 Packet Pg. 26
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(SCAQMD) Rule 1150.1 and Title 27 of the Calif ornia Code of Regulations. Currently, WLF has multiple severe surface cracks that are affecting the Landfill Gas collection system and the methane levels of the perimeter probe are currently in violation. An additional $100,000 in needed for ongoing operat ions, maintenance and monitoring to repair the surface cracks and other non -routine maintenance. Per section 3.4.5 of the Franchise agreement with Burrtec, the Landfill Maintenance Cost Avoidance Payment (annually) should cover costs for WLF maintenance, monitoring and repairs.

The Public Works Department is responsible for Capital Improvement Plan Projects throughout the City. Some of these projects include State Street Widening, 40th Street widening, H Street widening, Mt. Vernon Bridge Replacement and 2 nd Street Bridge Replacement and other significant projects that require engineering expertise. The City currently contracts with multiple Engineering firms to provide staff augmentation for oversight of these projects and future projects. However, the dep artment has identified that significant efficiencies can be found in hiring a Senior Project Manager in house.

This new position would be responsible for the overall management and oversight of the projects and ensure that projects fall within the expected scope, budget, and schedule.

The expected expense for this new position for Fiscal Year 2021/22 is $24,000 and $157,380 annually going forward.

Public Works is working to establish the sidewalk power washing program. To support this program, the departm ent is requesting the addition of several maintenance worker positions as well as a mini loader vehicle. The total cost for Fiscal Year 2021/22 for this request is $70,761 for the maintenance positions and the two mini loader vehicles are $137,000. The on-going costs for the personnel will roll over into future budgets.

The current contract for city -wide tree trimming services needs additional funds to continue operations for the year and support future emergency removals or complex tree work. Currently, t here are approximately 640 identified (and recorded) dead or declining trees that require urgent removal. While not all these trees will be able to be removed this fiscal year, nearly half can be addressed with the additional funds if approved. Public Work s is requesting an additional $225,000 for Fiscal Year 2021/22.

The additional funding to remove the remaining dead or declining trees will be requested in the upcoming biennial budget.

City-wide street lighting is provided for the safe operation of roa ds and sidewalks.

Currently Public Works has a backlog of over 45 street or sidewalk lights that are in need of replacement. Several neighborhoods throughout San Bernardino have been waiting for replacements for more than a year. To expedite the replaceme nt of these lights, Public Works is requesting an additional $200,000 for Fiscal Year 2021/22 to expand the scope of the current agreement to cover overall replacement of poles and components.

Public Works has also identified the need to increase the ser vice levels for the graffiti abatement program. This will enhance the staff’s ability to graffiti vandalism throughout the City. In exploring this expansion of services, the Public Works team evaluated the contractual cost for services versus bringing the services in house. Following the 2 Packet Pg. 27
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evaluation of costs, it was determined that there are significant cost savings by bringing the services within the department. Further, by utilizing staff the response time can be better managed after hours and on weekends when most calls for service occur. To bring the services in house, the Public Works team is requesting the addition of two full - time Maintenance Worker I positions, the purchase of one F -150 truck, two tow behind heated pressure washers and paint supplies . The total cost for this service level enhancement is $279,510 for Fiscal Year 2021/22. Annually, there will be ongoing supplies and materials costs associated with the program as well as the ongoing personnel costs.

Information Technology
The Information Technology department is working to better serve the long -term needs of the City, including the upcoming replacement of the city -wide Enterprise Resource Planning (ERP) system that interfaces with nearly every other system in the City. To support this transition, the City needs to increase the speed of the internet from 1gb to 10gb. The increase in internet speeds also requires additional hardware to support, maintain and protect the ongoing operations of the network. The requests for Fiscal Year 2021/22 include upgrading the firewall to ensure the protection of the network , and the replacement of the switches that support the distribution of the network speed.

These upgrades to the network and hardware at both City Hall and the Police Department will al so allow future redundancy between the two locations in case one location goes down. The cost for these upgrades is $485,000.

Human Resources
The Human Resources Department is requesting that the currently vacant Risk Division Manager position be reclass ified to a Deputy Director of Human Resources - Risk Management. This position has remained vacant following multiple rounds of recruitment that have failed to yield qualified candidates. This reclassification is warranted not only to increase the compensat ion to better attract qualified candidates, but also based on the complexity of the position and division. This classification does not exist within the Human Resources department in the most recent city -wide salary schedule. Staff is recommending that Cou ncil approve the fiscal impact of this reclassification for Fiscal Year 2021 -2022 of $6,768. This amount accounts for the difference in the top steps between the old and new classifications. At a later date, staff will bring the new job description and cit y-wide salary schedule that includes the reclassification of this position.

2021-2025 Strategic Targets and Goals
Receiving and Filing the FY 2021/22 Mid -year Budget Update Report aligns with Key Target No. 1: Improved Operational & Financial Capacity . Up dated revenue and expenditure projections provide the Mayor and City Council with important information and analysis needed to make financial decisions impacting the City.

On October 27, 2021, a Strategic Action Planning Workshop was held with the Mayor and City Council. During the working session, the City's Executive Team presented the Fiscal Year 2021/22 Action Plan that outlines the priority action items for each of the four (4) 2021-2025 Key Strategic Targets and Goals. On November 17, 2021, the Mayor 2 Packet Pg. 28
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and City Council adopted Resolution 2021-271 approving the 2021-2025 Strategic Goals and the Fiscal Year 2021/22 Action Plan. Consistent with the November 17, 2021 staff report, A progress report will be included with quarterly budget updates presented to the Mayor and City Council. The February 2022 Action Plan progress report for Fiscal Year 2021-2022 is included as in attachment to the Fiscal Year 2021/22 Mid-Year Update (Attachment 3)

Fiscal Impact
Summary of General Fund Mid-Year Budget Amendments:

Budget Amendments- Current Service Level Request Type FY 22 Requests
Fleet Services Fund- Electric Charges One-time Operational $50,000 Fleet Services Fund- Fuel Excise Tax One-time Operational 80,850 Human Resources Liability Fund-Liability
Claims
One-time operational 1,154,350
Police Department Overtime- Special Events One-time operational 550,068 City Attorney- Outside legal services One-time operational 1,000,000 Council Postage Request One-time operational 3,000
Subtotal $2,838,268

Additional Unfunded Needs Requests
1 Senior Management Analyst- CM Office Personnel 47,101 1 Administrative Analyst Flex Personnel 33,876
1 Property Evidence Technician Personnel 18,128
6 Seasonal License Checkers Personnel 75,000
Contract Veterinarian Personnel 75,000
Registered Veterinary Technician Personnel 100,000
Senior Project Manager Personnel 24,000
Human Resources Deputy Director Personnel 6,768
Waterman Landfill Maintenance One-time operational 100,000 Graffiti Abatement Program Personnel & On-going
operational
279,510
Sidewalk Power Washing Program On-going operational 207,761 Tree Service Maintenance Increase One-time Operational 225,000 Light Knock Down Program On-going operational 200,000
Firewall Fortinet for City Hall & PD One-time Capital 375,000 Switch City Hall & PD One-time Capital 70,000
Firewall Log Server One Time Capital 40,000
Subtotal $1,986,464
TOTAL Budget Amendment General Fund $4,824,732

Conclusion
It is recommended that the Mayor and City Council of the City o f San Bernardino, California:

1. Receive and File the Fiscal Year 2021/22 Mid-Year Budget Report; and 2 Packet Pg. 29
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2. Adopt Resolution No. 2022-54 Authorizing the City Manager to Amend the Fiscal Year 2021/22 General Fund Operating Budget by $4,824,732 as outlined in the Fiscal Year 2021/22 Mid-Year Budget Report.

Attachments
Attachment 1 Resolution No. 2022-54 Fiscal Year 2021-22 Budget Amendments Attachment 2 Fiscal Year 2021-2022 Mid-Year Report Presentation Attachment 3 Priority Action Plan Update February 2022

Ward: All

Synopsis of Previous Council Actions:

June 16, 2021 The Mayor and City Council adopted Resolution No. 2021 -138 approving the City of San Bernardino’s Operating Budget and Capital Improvement Program (CIP) for FY 2021/2022.

December 2, 2021 The Mayor and City Council received and filed the 1 st Quarter Budget Report for Fiscal Year 2021/22.
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Resolution No. 2022-54
Resolution 2022-54
March 2, 2022

RESOLUTION NO. 2022-54

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO AMEND THE
FISCAL YEAR 2021/22 GENERAL FUND OPERATING
BUDGET IN THE AMOUNT OF $ 4,824,732 FOR THE

AMOUNTS DETAILED IN THE MID YEAR FISCAL YEAR
2021/22 REPORT

WHEREAS, the Fiscal Year 2021/22 resulted in higher than anticipated operating surplus and fund balance; and
WHEREAS, the City of San Bernardino is in a period of growth and development; and

WHEREAS, departments are focusing on improvements to external and internal customer service; and
WHEREAS, in order to make necessary improvements departments require some additional funding.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL O F THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council hereby authorize the City Manager to amend the Fiscal Year 2021/22 General Fund Operating Budget in the amount of $4,824,732 as detailed in the Mid-Year Fiscal Year 2021/22 Report.

SECTION 3. The Mayor and City Council finds this Re solution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

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Attachment: ATTACHMENT 1- Resolution No. 2022-54 Authorizing Mid Year 2021-2022 Amendments [Revision 1] (8768 : Fiscal Year 2021/22 Resolution No. 2022-54
Resolution 2022-54
March 2, 2022

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of March 2022.

John Valdivia, Mayor
City of San Bernardino

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Attachment: ATTACHMENT 1- Resolution No. 2022-54 Authorizing Mid Year 2021-2022 Amendments [Revision 1] (8768 : Fiscal Year 2021/22 Resolution No. 2022-54
Resolution 2022-54
March 2, 2022

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-54, adopted at a regular meeting held on the 2nd day of March 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______

WITNESS my hand and official seal of the City of San Bernardino this 3rd day of March 2022.

Genoveva Rocha, CMC, City Clerk

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Attachment: ATTACHMENT 1- Resolution No. 2022-54 Authorizing Mid Year 2021-2022 Amendments [Revision 1] (8768 : Fiscal Year 2021/22 FY 2021/22 Mid-Year Report
Tanya Williams, Budget Division Manager
Barbara Whitehorn, Finance Director
March 2, 2022

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year FY 2021/22 Mid-Year Report
ØPresentation Overview
• Mid-Year Review
• Budget Monitoring & Evaluation
• Proposed Amendments
• Questions/Discussion
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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year

REVENUE REVIEW
FY 2021/22
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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year FY 21-22 Mid-Year Revenues
4 Adopted Budget
FY 22
Amended Budget
FY 22
Actual Through
12/31/21 Projections FY 22
Charges for Service 5,970,300.00$ 7,470,300.00$ 4,306,716.07$ 7,342,180.00$ Fines & Forfeitures 1,478,500.00$ 1,478,500.00$ 437,280.43$ 1,104,000.00$ Franchise Tax 11,781,000.00$ 11,781,000.00$ 3,142,071.34$ 11,781,000.00$ Intergovernme ntal 2,243,602.00$ 2,746,947.00$ 440,773.87$ 2,276,315.00$ Investment Income 500,978.00$ 500,978.00$ 398,571.01$ 578,978.00$ Licenses & Permits 11,858,000.00$ 11,858,000.00$ 5,621,157.74$ 12,988,000.00$ Miscellaneous 2,766,037.00$ 2,778,037.00$ 215,748.29$ 2,798,037.00$ Other Taxes 7,493,262.00$ 7,493,262.00$ 3,775,879.91$ 9,566,986.00$ Property Taxes 19,267,608.00$ 19,267,608.00$ 125,151.73$ 19,267,608.00$ Sales & Use Tax 45,391,210.00$ 45,391,210.00$ 14,371,959.47$ 48,000,000.00$ Use of Money & Property 779,600.00$ 779,600.00$ 109,500.79$ 779,600.00$ Utility Users Tax 22,700,000.00$ 22,700,000.00$ 11,981,351.78$ 22,700,000.00$ Cannabis Revenue 1,170,120.00$ 3,080,566.81$ 2,861,063.92$ 3,600,120.00$ Measure S Tot al 41,016,456.00$ 41,016,456.00$ 11,848,707.51$ 42,000,000.00$ General Fund Total 174,416,673.00$ 178,342,464.81$ 59,635,933.86$ 184,782,824. 00$

CITY OF SAN BERNARDINO REVENUE ESTIMATES
FY 2021-2022

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year FY 21-22 Mid-Year Revenues
5 $-
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
$60,000,000
Fiscal Year 2021-2022 Revenue Trends
FY 2022 Amended Budget FY 2022 Projected

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year FY 21-22 Mid-Year Revenues
• Strong Revenue Performance
• Revised year end projections up slightly for Sales & Use Tax as well as Measure S Revenue
• Strong performance in revenues from permit fees and
Cannabis revenue streams
• We will continue to review revenue as we prepare for
upcoming biennial budget
6 Revenue Performance

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year

BUDGET PERFORMANCE
FY 2021/22
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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year FY21-22 Mid-Year Expenditures
8 FY 2021/22 FY 2021/22 FY 2021/22 FY 2021/22 Variance
Department Adopted Amended Mid Year Mid-Year Amended to Budget Budget YTD Update Mid-Year
010 Mayor 367,096 367,096 192,471 367,096 -
020 City Council 836,795 869,289 506,012 869,289 0.19 030 City Clerk 1,540,453 1,603,512 498,310 1,603,512 - 050 City Attorney 2,836,729 2,836,729 1,563,404 3,836,759 (1,000,029.24) 090 General Government 9,093,654 9,168,654 3,990,471 9,167,975 678.31 100 City Manager 1,738,851 1,727,696 838,386 1,753,512 (25,816.20) 110 Human Resource 2,003,587 2,477,929 922,117 1,769,196 708,733.46 120 Finance 4,909,915 5,137,836 2,211,247 5,025,579 112,257.28 150 Assessment Districts 138,000 138,000 34,500 138,000 - 160 Capital Projects 25,720,000 25,770,094 7,881,757 15,763,514 10,006,580.00 180 Community & Economic Development 7,584,317 9,430,041 3,049,244 9,388,476 41,565.10 210 Police 92,622,058 94,895,689 56,552,525 96,890,813 (1,995,123.77) 380 Parks Recreation & Community 4,747,495 4,973,860 2,085,949 4,155,729 818,130.10 400 Public Works 22,240,480 25,044,783 10,013,094 24,521,904 522,879.39 470 Library 2,745,256 3,009,601 1,312,266 2,854,821 154,779.96 Total Expenditures 179,124,684 187,450,809$ 91,651,753$ 178,106,175$ 9,344,635 City of San Bernardi no
Fiscal Year 2021/ 22 General Fund Expendi tures
Mid-Year Budget Update

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Mid-Year Expenditures
9 Department Budget Performance
• On Track
• Majority of departments are either at or below targets. • Utilizing salary savings to cover unexpected expenses • Over Budget
• Police overtime, Liability Fund, Fleet Services Fund, City Attorney’s office

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Current Service Levels
10 Budget Amendments
Fund 635 (Fleet Services):
• $80,000 for increased Excise Fuel Taxes
• $50,000 for increase in electrical charges
Fund 629 (Liability Fund):
• $1,154,350 to cover cost of additional claims
Police Department:
• $550,068 increase in overtime for special events
City Attorney
• $1,000,000 for remaining cost of services on several large outstanding cases. • Costs related to specialized outside legal counsel for litigation, not retainer for regular day-to-day services.

These are Internal
Service Funds- costs
are distributed to
departments within
the General Fund

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year

INCREASING SERVICE LEVELS

MEETING THE NEEDS OF THE COMMUNITY
FY 2021/22
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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Budget Management
12 City Council
Program: Council Support
• Requesting $3,000 additional funding for Postage to increase mailing activity to residents and the community

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Budget Planning and Meeting Needs
13 Challenge:
• Increasing workload and focus on serving community programs and needs
• Returning to previous service levels in the department Request:
• 2 positions- Senior Management Analyst and Administrative Analyst
• $80,977 for Fiscal Year 2021/22
City Manager’s Office

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Budget Planning and Meeting Needs
14 Challenge:
• 45% Increase in pieces of evidence in need of processing • Storage at capacity
Request:
• 1 additional Property Evidence Technician
• $18,128 for Fiscal Year 2021/22
Police Department

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Budget Planning and Meeting Needs
15 Challenge:
• Shelter at capacity & increasing demand for
services
Request:
• Six seasonal license checkers (revenue/cost
recovery)
• Contract veterinarian
• Registered vet tech position
• $250,000 for Fiscal Year 2021/22
Animal Services

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Budget Planning and Meeting Needs
• Waterman Landfill
• Landfill has several cracks impacting the methane
levels and causing violations
• SCAQMD requirements for maintenance
• Request:
• $100,000 for operations and maintenance
16 Public Works

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Budget Planning and Meeting Needs
• CIP Implementation
• Greater in-house controls and
oversight are needed
• Request:
• New position- Senior Project
Manager
• $24,000 estimate for FY 2021/22
17 Public Works

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Budget Planning and Meeting Needs
Sidewalk Washing Program
• Community priority to improve quality of life.
• Bringing in-house increases service level and reduces costs.

Request:
• Maintenance Worker Positions (7)
• Mini Loader Vehicles
• Total FY 2021/22 Request of $207,761
18 Public Works

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Budget Planning and Meeting Needs
Citywide Tree Trimming
• Current contract amount doesn’t meet the needs for the large number of identified trees that need trimming or urgent removal for safety reasons.

Request:
• Additional $225,000 for citywide tree trimming, emergency responses and removal.
19 Public Works

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Budget Planning and Meeting Needs
Streetlight Knock Down Program
• Backlog of 45+ street/sidewalk light knockdowns. Many neighborhoods have waited for long periods of time to
address.

Request:
• $200,000 for FY 2021/22 to expand services with current contract vendor.
20 Public Works

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Budget Planning and Meeting Needs
Graffiti Abatement
• Bringing services in house to better respond to
requests and reduce costs.

Request:
• $279,510 for FY 2021/22 to hire maintenance
workers (2), purchase a vehicle, pressure washer
and paint supplies.
21 Public Works

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Budget Planning and Meeting Needs
22 • Challenges
• Aging, outdated and obsolete systems and hardware.
• Preparing for ERP transition and increased internet speeds. • Request:
• $485,000 For Firewall, Switch and Log Server.

Information Technology

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Budget Planning and Meeting Needs
23 • Challenges
• Recruitment for Risk Division Manager.
• Request:
• $6,768 for reclassification to Deputy Director HR- Risk Management.

Human Resources

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Mid-Year Budget Amendment Summary
24 Budget Amendments- Current Service Level Request Type FY 22 Requests Fleet Services Fund- Electric Charges One-time Operational 50,000 Fleet Services Fund- Fuel Excise Tax One-time Operational 80,000 Human Resources Liability Fund-Liability Claims One-time operational 1,154,350 Police Department Overtime- Special Events One-time operational 550,068 City Attorney- Outside legal services One-time operational 1,000,000 Council Postage Request One-time operational 3,000
Subtotal $2,838,268
Summary of General Fund Mid-Year Budget Amendments:

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year Mid-Year Budget Amendment Summary
25 Additional Unfunded Needs Requests
1 Senior Management Analyst- CM Office Personnel 47,101 1 Administrative Analyst Flex Personnel 33,876
1 Property Evidence Technician Personnel 18,128
6 Seasonal License Checkers Personnel 75,000
Contract Veterinarian Personnel 75,000
Registered Veterinary Technician Personnel 100,000
Senior Project Manager Personnel 24,000
Human Resources Deputy Director Personnel 6,768
Waterman Landfill Maintenance One-time operational 100,000 Graffiti Abatement Program Personnel & On-going operational 279,510 Sidewalk Power Washing Program On-going operational 207,761 Tree Service Maintenance Increase One-time Operational 225,000 Light Knock Down Program On-going operational 200,000
Firewall Fortinet for City Hall & PD One-time Capital 375,000 Switch City Hall & PD One-time Capital $70,000
Firewall Log Server One Time Capital 40,000
Subtotal $1,986,464
TOTAL Budget Amendment General Fund $ 4,824,732
Summary of Mid-Year Budget Requests- New Service Levels

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year

BUDGET LOOK AHEAD
FY 2021/22
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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year 27 Mid Year
Review
3/2/22
Preliminary Budget
Review
(Happening Now
with Departments)
Preliminary Budget
Workshop Special
Meeting
(TBD)
Proposed
Budget Review
5/4/22
Biennial Budget Fiscal Year 2022-23 to 2023-24 Timeline

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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year

DISCUSSION
28 2.b
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Attachment: ATTACHMENT 2- MidYear Report 3.2.22 [Revision 2] (8768 : Fiscal Year 2021/22 Mid Year

ACTION PLAN FOR PRIORITY STRATEGIC GOALS
FISCAL YEAR 2021-2022
This document outlines the priority action items for each of the 4 Strategic Goals and specific objectives related to those goals targeted for completion or significant progress in Fiscal Year 2021-2022. A progress report will be included with quarterly budget updates presented to the Mayor and City Council.

Economic Growth
Improved Operational &
Financial Capacity
City of San
Bernardino
Strategic
Goals
2021-2025
Economic Growth &
Development
Focused, Aligned
Leadership and Unified
Community
Improved Quality of Life

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Attachment: ATTACHMENT 3 - Priority Action Plan Update February 2022 (8768 : Fiscal Year 2021/22 Mid

GOAL 1 – Improved Operational and Financial Capacity

ACTION TARGET Underway 25% 50% 75% 100%

1. Restructure or redesign functions to address City needs, improve service delivery, and decrease the span of control
Ongoing

2. Restore governance structures eliminated/disbanded during bankruptcy and COVID
Ongoing

3. Increase all Library locations to 40 hours per week by adding additional staff

COMPLETE

4. Continue and expand recruitment efforts in the City Ongoing

5. Develop or update Standard Operating Procedures (e.g., financial controls, CED Front Desk, Code Enforcement, Building Inspectors, Animal Services)
End FY *

6. Revamp the City's record retention schedule to meet state requirements
End FY

7. Continue to develop a comprehensive and updated administrative policy manual
4th Q ‘22

8. Maintain Legislative Platform through amendments Ongoing

1.1 Establish clear policy direction and predictable organization structures

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Attachment: ATTACHMENT 3 - Priority Action Plan Update February 2022 (8768 : Fiscal Year 2021/22 Mid

GOAL 1 – Improved Operational and Financial Capacity, continued

ACTION TARGET Underway 25% 50% 75% 100%

1. Obtain and implement a new collections software system (CED) Underway

2. Conduct a Fee Study (Finance) End FY

3. Aggressively pursue federal, state, and local (private or public) funding sources (e.g., CA Theater, replacement Animal Shelter) Ongoing

4. Increase owner compliance rate using new animal licensing software
End FY

ACTION TARGET Underway 25% 50% 75% 100%

1. Consolidate cash operations to improve internal controls 1st Q ‘22

2. Ensure adherence to the Measure S Expenditure Policy Ongoing

ACTION TARGET Underway 25% 50% 75% 100%

1. Update or create spending policies: Purchasing, Cash/Revenue Management, Travel Authority & Expense, P-Card

COMPLETE

1.2 Continue to seek opportunities to secure long- and short-term revenue sources

1.3 Implement, maintain, and update a fiscal accountability plan

1.4 Create a framework for spending decisions

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Attachment: ATTACHMENT 3 - Priority Action Plan Update February 2022 (8768 : Fiscal Year 2021/22 Mid

GOAL 1 – Improved Operational and Financial Capacity, continued

ACTION TARGET Underway 25% 50% 75% 100%

1. Hire Risk Manager to oversee insurance, reduce liability, and implement appropriate policies
1ST Q ‘22*

2. Hire Diversity, Equity, & Inclusion Officer 1ST Q ‘22*

3. Hire Safety Officer COMPLETE

4. Continue to disclose any relevant issues with the animals up for adoption
1st Q ‘22*

5. Continue to work with City Attorney’s Office to establish waivers for animal service rescue teams
1st Q ’22*

6. Work with veterinarian to provide staff with Medical SOPs for staff guidance to mitigate risk
End FY*

7. Provide mandated HR training and certifications to staff End FY*

8. Improve facility access and public right-of-ways in compliance with the Americans with Disabilities Act
End FY

9. Increase funding for the repair and maintenance of sidewalks End FY

10. Continue to close out remaining legacy lawsuits Ongoing

11. Develop a vehicle replacement policy 1st Q ‘22*

1.5 Minimize risk and litigation exposure

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Attachment: ATTACHMENT 3 - Priority Action Plan Update February 2022 (8768 : Fiscal Year 2021/22 Mid

GOAL 1 – Improved Operational and Financial Capacity, continued

ACTION TARGET Underway 25% 50% 75% 100%

1. Hire a Real Property Manager COMPLETE

2. Develop a plan for the sale, liquidation, or redevelopment of City-owned properties
End FY

3. Negotiate Exclusive Negotiating Agreement (ENA) for
Carousel Mall

COMPLETE

4. Negotiate 20-year Lease Extension with Inland Empire 66ers at San Manuel Stadium
Pending

5. Negotiate Termination Agreement for Arden-Guthrie
property

COMPLETE

6. Initiated negotiations with proposed developer for
Seccombe Lake “Eyes on the Park” development

COMPLETE

7. Negotiate the Development and Disposition Agreement
(DDA) for the Carousel Mall
Pending

8. Establish enhanced infrastructure financing district(s) 4th Q ‘22

1.6 Create Asset Management Plan

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GOAL 2 – Focused, Aligned Leadership and Unified Community

ACTION TARGET Underway 25% 50% 75% 100%

1. Complete labor negotiations to improve recruitment and retention 1st Q ‘22*

2. Provide necessary training to upgrade skills and support career advancement
End FY
‘22/’23*

3. Improve recruitment advertising including community outreach Ongoing

4. Revive Employee Recognition Program End FY

5. Establish an employee newsletter End FY

2.1 Build a culture that attracts, retains, and
motivates the highest quality talent

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GOAL 2 – Focused, Aligned Leadership and Unified Community, continued

ACTION TARGET Underway 25% 50% 75% 100%

1. Select an Enterprise Resource Planning Platform that integrates multiple functions: Finance, HR, Payroll/Time Keeping, Permitting, Work Orders, Animal Licensing, etc.
2nd Q ‘22*

2. Hire staff needed to enhance service levels Ongoing

3. Contract with a veterinarian to provide on-site animal care at city facilities
1st Q ‘22

4. Complete animal shelter facility upgrade projects 1st Q ‘22

5. Work to codify the Municipal Code (City Clerk) 2nd Q ‘22

6. Replace agenda management system (City Clerk) End FY*

7. Complete all elements of the 2021 Redistricting Project COMPLETE

8. Update Microsoft Exchange Server CU COMPLETE

9. Implement DocuSign city-wide 1st Q ‘22*

10. Update City Network COMPLETE

11. Complete Office 365 Migration 1st Q ‘22*

12. Complete IT internet and phone system upgrades at the libraries 1st Q ‘22*

13. Implement book purchase contract and related services COMPLETE

14. Continue and expand recruitment efforts (Police) Ongoing

2.2 Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness

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GOAL 2 – Focused, Aligned Leadership and Unified Community, continued

ACTION TARGET Underway 25% 50% 75% 100%

1. Relocate the annual UCR School of Economic Forecast event to Downtown San Bernardino

COMPLETE

2. Take decisive action to protect City’s interests (e.g., retained sales tax) at the Federal, State, and County levels
Ongoing

3. Continue to enhance and expand the Legislative Platform (e.g., higher education + sales tax)
Ongoing

4. Re-establish the City as a premiere partner for local entities to share resources and implement integrated strategies to better serve the citizens of San Bernardino (County, universities, colleges, school districts, SB airport)
Ongoing

2.3 Re-establish City as the Regional Leader / County Seat

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Attachment: ATTACHMENT 3 - Priority Action Plan Update February 2022 (8768 : Fiscal Year 2021/22 Mid

GOAL 2 – Focused, Aligned Leadership and Unified Community, continued

ACTION TARGET Underway 25% 50% 75% 100%

1. Hire Public Information Officer for branding, marketing, and internal/external communication needs

COMPLETE

2. Provide interpreting services to MCC meetings 1st Q ‘22*

3. Complete new City website migration End FY*

4. Complete the Parks & Recreation Mailing Brochure (Spanish translation)
1st Q ‘22*

5. Improve community engagement at Parks during peak
golden hours
Ongoing

6. Continue to conduct city-wide special events (Parks) Ongoing

7. Continue to grow social media and local presence to
enhance community outreach
Ongoing

8. Increase participation in Library events Ongoing

9. Establish a framework to enhance support for community sponsored events

COMPLETE

10. Continue to establish mutually beneficial partnerships with local entities to share resources, implement integrated strategies to better serve the citizens of San Bernardino (County, universities, colleges, school districts, SB airport)? Ongoing

2.4 Develop and implement a community engagement plan

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Attachment: ATTACHMENT 3 - Priority Action Plan Update February 2022 (8768 : Fiscal Year 2021/22 Mid

GOAL 3 – Improve Quality of Life

ACTION TARGET Underway 25% 50% 75% 100%

1. Hire Deputy Director of Housing and Homelessness and a Homelessness Coordinator
1st Q ‘22*

2. Create partnerships with multiple entities and agencies to enhance the quality of life for residents, businesses, and visitors Ongoing

3. Create a taskforce to draft a strategic plan End FY*

ACTION TARGET Underway 25% 50% 75% 100%

1. Continue to improve and enhance SB Online and GO REQUEST applications
Ongoing

2. Create a scorecard to track and measure City Manager and Staff performance against strategic goals

COMPLETE

3. Launch a one-stop shop of services provided by Public Works and Community and Economic Development
End FY*

3.1 Reduce burden of the unsheltered through engagement, collaboration, and partnerships with other entities

3.2 Integrate customer service orientation and
metrics into all City operations

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Attachment: ATTACHMENT 3 - Priority Action Plan Update February 2022 (8768 : Fiscal Year 2021/22 Mid

GOAL 3 – Improve Quality of Life, continued

ACTION TARGET Underway 25% 50% 75% 100%

1. Hire Chief of Police End FY

2. Create a Strategic Plan for safer parks in collaboration with Public Works, Police, and Platinum Security
End FY*

3. Improve police response time and restore special units (Vice, Gang, Traffic, etc.)
Ongoing

ACTION TARGET Underway 25% 50% 75% 100%

1. Implement Graffiti Abatement and Paintbrush Program 1st Q ‘22*

2. Launch a plan for Downtown Trash/Recycle Pilot Program 1st Q ‘22*

3. Complete Parks Department Capital Improvement Projects - e.g., fencing, gates, lights, field replacements, restrooms, ADA compliant facilities, park benches
Ongoing

4. Complete city street improvement projects using a data driven pavement management system (30 segments)
End FY

5. Establish a city property power washing program 1st Q ‘22*

6. Initiate repairs and upgrades to the historic California Theater 1st Q ‘22*

7. Initiate repairs and upgrades to Encanto Community Center End FY

8. Initiate Major League Baseball-directed improvements to San Manuel Stadium (part of lease agreement)
End FY

3.3 Constantly evaluate and enhance the quality of public safety service

3.4 Improve the City’s appearance, cleanliness, and attractiveness

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Attachment: ATTACHMENT 3 - Priority Action Plan Update February 2022 (8768 : Fiscal Year 2021/22 Mid

GOAL 3 – Improve Quality of Life, continued

ACTION TARGET Underway 25% 50% 75% 100%

9. Increase staffing to enhance code enforcement activities (street vendors, business registration, residential property)
End FY

10. Expand programs to improve the appearance of City properties and facilities
Ongoing

3.4 Improve the City’s appearance, cleanliness, and attractiveness, continued

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Attachment: ATTACHMENT 3 - Priority Action Plan Update February 2022 (8768 : Fiscal Year 2021/22 Mid

GOAL 4 - Economic Growth & Development

ACTION TARGET Underway 25% 50% 75% 100%

1. Hire Public Information Officer for branding, marketing, and internal/external communication needs

COMPLETE

2. Update and migrate City Website End FY*

3. Increase and improve the use of Community Access TV to host important events
Ongoing

4. Expand the Parks and Recreation Brochure to promote activities from other departments

COMPLETE

5. Develop a communications platform for the Mayor and City Council to promote a unified City message
End FY

6. Develop a marketing plan to enhance signage at City access points
End FY

ACTION TARGET Underway 25% 50% 75% 100%

1. Confirm bond rating and investment-grade prospective rating of AA- or higher

COMPLETE

2. Provide an amendment to the municipal code increasing the number of allowable dogs per household from 3 to 5 to increase retention and compliance among city residents
1st Q ‘22

3. Continue to update the Development Code (Housing, Downtown, General)
Ongoing

4.1 Develop a branding and marketing campaign

4.2 Update the General Plan and Development Code

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Attachment: ATTACHMENT 3 - Priority Action Plan Update February 2022 (8768 : Fiscal Year 2021/22 Mid

GOAL 4 - Economic Growth & Development, continued

ACTION TARGET Underway 25% 50% 75% 100%

1. Obtain pro-bono estimate to refurbish San Bernardino City Hall
Complete

2. Issue an RFP for the refurbishment of San Bernardino City Hall
1st Q ‘22*

3. Initiate negotiations with potential developer for Transit Center transit-oriented development
End FY

4. Diversify the economy to guard against over-reliance on limited or small segments of the economy
Ongoing

4.3 Roll out a strategy to create a 21st Century urban core

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Attachment: ATTACHMENT 3 - Priority Action Plan Update February 2022 (8768 : Fiscal Year 2021/22 Mid

Public Hearing

City of San Bernardino
Request for Council Action

Date: March 2, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works

Subject: Resolution Approving Street Vacation of a Portion of H Street (Ward 1)

Recommendation
Adopt Resolution 2022-40 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of H Street west of 2 nd Street and reservation of utilities therein.

Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of a street and sets forth the procedures by which the power to vacate may be executed. The requested stree t vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or person s. The initiation of proceedings starts with fixing the date, hour and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of h earing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.

A petition to vacate a portion of H Street w as received on May 24, 2021 from JAKS, LLC. The stated reason for the petition to vacate this portion of the street is to accommodate a new commercial development and reclaim property previously dedicated but no longer in use.

On October 6, 2021, the May or and City Council authorized staff to proceed with an investigation and analysis as required by SHC to vacate the street. On October 7, 2021, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water D epartment, and residents within 500’ of the property informing them of the proposed street vacation. Staff has received no comments from stakeholder who was notified.

On December 14, 2022, the Planning Commission adopted Resolution 2020 -040PC forwarding a recommendation of approval to the Mayor and City Council for the Real 3 Packet Pg. 76
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Property Street Vacation 15.30 -436 and the reservation of utilities therein and finding that the project is Categorically Exempt under the California Environmental Quality Act.

On January 19, 2022 The Mayor and City Council authorized staff to proceed with the public hearing set for March 2, 2022 at 7:00PM and will be held at 555 West 6th Street, San Bernardino, California.

Discussion
The Resolution will set the date, time, and place of the public hearing as March 2, 2022, at 7:00PM at 555 West 6th Street, San Bernardino, California in the Council Chambers.

At that time, interested parties may present comments or evidence to the Mayor and City Council regarding the proposed street vacat ion. The Resolution of Intention will also direct staff to publish notices of the public hearing in the newspaper, as well as, positing notices along the proposed street vacation as required by the SHC sections 8322 and 8323.

Following the public hearing , staff will present for the Mayor and City Council’s consideration a Resolution Ordering the Real Property Street Vacation 15-30-436, with reservation of utility easements therein, adopting a Categorical Exemption for the street vacation, and make a fin al order of vacation for the street as described in the Real Property Street Vacation.

The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation 15.30 -436 has been recorded with the San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC section 8324, the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation is not recorded until the conditions have been satisfied.

2021-2025 Strategic Targets and Goals
This project is consistent with Key Target 2d: Develop and implement a community engagement plan . Public Hearings con ducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.

Fiscal Impact
No fiscal impact to the City. Costs incurred with this action will be paid by the applicant in the amount of $2,000.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2022 -40, and order the vacation of a portion of H Street west of 2nd Street and reservation of utilities therein.

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Attachments
Attachment 1 Resolution No. 2022-40
Attachment 2 Exhibit “A” - Legal Description,
Attachment 3 Exhibit “B” - Plat Map
Attachment 4 Resolution No. 2020-040PC
Attachment 5 Aerial Map
Attachment 6 PowerPoint Presentation

Ward: 1

Synopsis of Previous Council Actions:

October 6, 2021 The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the H Street west of 2nd Street. 3 Packet Pg. 78
Resolution No. 2022-40

Resolution 2022-40
March 2, 2022

RESOLUTION NO. 2022-40

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE VACATION OF A PORTION OF “H”
STREET WEST OF 2 ND STREET AND RESERVATION OF

UTILITIES THEREIN

WHEREAS, on May 24, 2021 , the City received a petition to vacate a portion of “H” Street west of 2nd Street, to support development at the location; and WHEREAS, on October 6, 2021, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of “H” Street west of 2nd Street; and WHEREAS, on October 7, 2021 , notices were sent out to City Departments, San Bernardino County Fire, utility providers, the Water Department, and residents within 500 feet of the location, informing them of the proposed street vacation; and

WHEREAS, on December 14, 2021 , the Planning Commission adopted Resolution No. 2020-040PC forwarding a recommendatio n of approval to the Mayor and City Council for the street vacation and finding that the project is Categorically Exempt under California Environmental Act.

WHEREAS, on January 19, 2022, the Mayor and City Council adopted Resolution No. 2022-12 declaring its intention to conduct a public hearing on March 2, 2022, to order the vacation of the street; and

WHEREAS, on March 2, 2022 a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the Mayor and City Council of San Bernardino, California and offered evidence in relation to t he vacation of a portion of “H” Street west of 2nd Street.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council of San Bernardin o, California, in vacating a portion of “H” Street west of 2nd Street, elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California

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Resolution 2022-40
March 2, 2022

SECTION 3. The Mayor and City Council of said City do hereby vacate that portion of “H” Street west of 2 nd Street as described on each of the legal descriptions attached hereto and incorporated as Exhibit “A” and depicted on each of the maps attached hereto and incorporated herein as Exhibit “B”.

SECTION 4. Approval of this Resolution shall not affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or public entity that existed prior to these vacation proceedings. Reservations of easements are made in accordance with the provisi ons of Division 9, Part 3, Chapter 5, Article 1 of the Streets and Highways Code of the State of California, with reservations of the easement as requested from Public Utility Company or other public entity.

SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of March 2022.

John Valdivia, Mayor
City of San Bernardino

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Attachment: Attachment 1 - Resolution 2022-40 Approving Street Vacation of a Portion of H Street [Revision 1] (8805 : Resolution Approving Resolution No. 2022-40

Resolution 2022-40
March 2, 2022

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Resolution 2022-40
March 2, 2022

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-40, adopted at a regular meeting held on the 2ndday of March 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______

WITNESS my hand and official seal of the City of San Bernardino this 3rd day of March 2022.

Genoveva Rocha, CMC, City Clerk

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EXHIBIT “A”

LEGAL DESCRIPTION
STREET VACATION OF A PORTION OF “H” STREET

THAT PORTION OF “H” STREET, AS SHOWN ON PARCEL MAP NO. 8965 RECORDED IN BOOK 95, PAGE 38 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF

SAN BERNARDINO COUNTY, IN THE CITY OF SAN BERNARDINO, OF SAID COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED AS DD019618-01-01 RECORDED JUNE 6, 2017, AS INSTRUMENT NO. 2017-0230370, OFFICIAL RECORDS OF SAID COUNTY.

THENCE NORTH 00°22’28” WEST, ALONG THE EASTERLY LINE OF SAID PARCEL AND THE WEST RIGHT OF WAY OF SAID “H” STREET A DISTANCE OF 168.73 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE.

THENCE NORTH 16°19’11”WEST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL, A DISTANCE OF 0.87 FEET TO THE NORTHERLY LINE OF SAID PARCEL.

THENCE NORTH 89°37’32”EAST, ALONG A LINE THAT IS PERPENDICULAR TO SAID EASTERLY LINE OF SAID PARCEL, A DISTANCE OF 82.74 FEET, TO A POINT ON THE WESTERLY LINE OF LOT 10, BLOCK 7 OF THE WATER’S SUBDIVISION, AS SHOWN ON MAP RECORDED IN BOOK 6 OF MAPS, PAGE, 47, OF SAID COUNTY, SAID WESTERLY LINE ALSO BEING THE EAST RIGHT OF WAY OF SAID “H” STREET.

THENCE SOUTH 00°22’28” EAST, ALONG SAID WESTERLY LINE OF LOT 10 AND SAID EASTERLY RIGHT OF WAY OF “H” STREET, SHOWN AS SOUTH 00°01’20” WEST ON SAID PARCEL MAP 8965, A DISTANCE OF 98.85 FEET TO THE NORTHEAST CORNER OF PARCEL 1, OF SAID PARCEL MAP 8965.

THENCE SOUTH 89°38’14” WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SHOWN AS SOUTH 89°58’00” WEST ON SAID PARCEL MAP 8965, A DISTANCE OF

41.25 FEET TO THE CENTERLINE OF SAID “H” STREET, AS SHOWN ON SAID PARCEL MAP.

THENCE SOUTH 00°22’28” EAST, ALONG SAID CENTERLINE OF “H” STREET, SHOWN AS SOUTH 00°01’20” WEST ON SAID PARCEL MAP 8965, A DISTANCE OF

70.60 FEET TO THE AN ANGLE POINT IN SAID NORTHERLY LINE OF PARCEL 1.

THENCE SOUTH 89°26’49” WEST, ALONG SAID NORTHERLY LINE OF PARCEL 1, SHOWN AS SOUTH 89°50’37” WEST ON SAID PARCEL MAP 8965, A DISTANCE OF

41.25 FEET TO THE POINT OF BEGINNING.

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Attachment: Attachment 2 - Resolution 2022-40 Exhibit A - Legal Description (8805 : Resolution Approving Street Vacation of a Portion of H

CONTAINING APPROXIMATELY 11,069 SQUARE FEET.

This legal description was prepared by me or under my direction.

______________________________________
Edward J. Bonadiman, PLS Date

9-10-21

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Attachment: Attachment 2 - Resolution 2022-40 Exhibit A - Legal Description (8805 : Resolution Approving Street Vacation of a Portion of H "H" ST2ND STCL
LOT 10MB 6/47LOT 1MB 6/47PARCEL 1PM No. 8965MB 95/38CL
EST.1941
PREPARED BY:PROPOSED STREET VACATIONCITY OF SAN BERNARDINO, CAOF A PORTION OF "H" STREET

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Attachment: Attachment 3 - Resolution 2022-40 Exhibit B - Plat Map (8805 : Resolution Approving Street Vacation of a Portion of H Street (Ward 1))

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Attachment: Attachment 4 - Resolution No. 2021-040PC (8805 : Resolution Approving Street Vacation of a Portion of H Street (Ward 1))

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Attachment: Attachment 4 - Resolution No. 2021-040PC (8805 : Resolution Approving Street Vacation of a Portion of H Street (Ward 1))

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Attachment: Attachment 4 - Resolution No. 2021-040PC (8805 : Resolution Approving Street Vacation of a Portion of H Street (Ward 1))

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Attachment: Attachment 4 - Resolution No. 2021-040PC (8805 : Resolution Approving Street Vacation of a Portion of H Street (Ward 1))

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Attachment: Attachment 4 - Resolution No. 2021-040PC (8805 : Resolution Approving Street Vacation of a Portion of H Street (Ward 1))

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Attachment: Attachment 4 - Resolution No. 2021-040PC (8805 : Resolution Approving Street Vacation of a Portion of H Street (Ward 1))

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Attachment: Attachment 4 - Resolution No. 2021-040PC (8805 : Resolution Approving Street Vacation of a Portion of H Street (Ward 1))

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Attachment: Attachment 4 - Resolution No. 2021-040PC (8805 : Resolution Approving Street Vacation of a Portion of H Street (Ward 1))

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Attachment: Attachment 4 - Resolution No. 2021-040PC (8805 : Resolution Approving Street Vacation of a Portion of H Street (Ward 1))

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Attachment: Attachment 4 - Resolution No. 2021-040PC (8805 : Resolution Approving Street Vacation of a Portion of H Street (Ward 1))

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Attachment: Attachment 4 - Resolution No. 2021-040PC (8805 : Resolution Approving Street Vacation of a Portion of H Street (Ward 1))

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Attachment: Attachment 4 - Resolution No. 2021-040PC (8805 : Resolution Approving Street Vacation of a Portion of H Street (Ward 1))

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Attachment: Attachment 4 - Resolution No. 2021-040PC (8805 : Resolution Approving Street Vacation of a Portion of H Street (Ward 1)) 9/10/21, 10:22 AM Google Maps
https://www.google.com/maps/@34.1022287,-117.3011224,231m/data=!3m1!1e3 1/1 Imagery ©2021 County of San Bernardino, Maxar Technologies, U.S. Geological Survey, Map data ©2021 Google50 ft

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Attachment: Attachment 5 - Aerial Map (8805 : Resolution Approving Street Vacation of a Portion of H Public Hearing – Proposed Street Vacation
Portion of H Street South of West 2nd Street
Presented by Alex Qishta, Interim Director of Public Works/City Engineer

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Attachment: Attachment 6 - PowerPoint Presentation [Revision 1] (8805 : Resolution Approving Street Public Hearing – Street Vacation
• Applicant: John Kaufman, c/o Jaks LLC.
• Reason for Request: The reason stated for the petition to vacate this portion of H Street is to accommodate a new commercial
development.

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Attachment: Attachment 6 - PowerPoint Presentation [Revision 1] (8805 : Resolution Approving Street Public Hearing – Street Vacation
Proposed Vacation
of H Street South of W.
2nd Street

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Attachment: Attachment 6 - PowerPoint Presentation [Revision 1] (8805 : Resolution Approving Street Public Hearing – Street Vacation

AERIAL VIEW
Proposed Vacation
of H Street South of
W. 2nd Street

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Attachment: Attachment 6 - PowerPoint Presentation [Revision 1] (8805 : Resolution Approving Street Public Hearing – Alley Vacation
• Proposed street vacation is consistent with general plan. • Planning Commission concludes proposed vacation is categorically exempt from CEQA and there is no significant impact on environment. • Utility Companies notified – Storm Drain and Gas Company Easements • Notice of this hearing was posted and published; and mailed to surrounding property owners.

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Attachment: Attachment 6 - PowerPoint Presentation [Revision 1] (8805 : Resolution Approving Street Questions?

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Attachment: Attachment 6 - PowerPoint Presentation [Revision 1] (8805 : Resolution Approving Street

Consent Calendar

City of San Bernardino
Request for Council Action

Date: March 2, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Kris Watson, Animal Services Director

Subject: Veterinary Supplies for Animal Services (All Wards)

Recommendation
Adopt Resolution No. 2022 -41 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Goods Purchase Agreement and authorizing the Director of Finance to issue a purchase order to Victor Medical Company in an amount not to exceed $150,000 annually to purchase veterinary supplies and medications for animals impounded at the shelter.

Background
All animals impounded at the shelter receive vaccine s to prevent disease and to promote health while in our care. Throughout their time at the shelter, animals may receive additional medications and/or medical treatment for injuries or illnesses.

Additionally, the shelter utilizes veterinary grade sanitizin g cleaners to ensure proper disinfection of the animal housing areas.

Discussion
The ability to purchase medical supplies and equipment throughout the year is critical for the department to properly care for the animals in the shelter.

In Fiscal Year 20 20/21, the department purchased over $43,000 in veterinary supplies, including vaccines and medications for animals impounded at the shelter. Due to an increase cost of supplies, the department is requesting a purchase order amount not to exceed $150,000 annually.

Animal Services worked with the Finance Department during the procurement process for the requested supplies. Victor Medical Company was selected as the lowest bidder through bid RFP F-22-25.

2021-2025 Key Strategic Targets and Goals
The purch ase of veterinary supplies and equipment aligns with Key Target No.1:

Improved Operational & Financial Capacity . Implementing a multi -year contract and purchase order for key supplies will enable us to maintain our services and obtain necessary supplies without a steep increase to costs.

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8722

Fiscal Impact
There is no General Fund impact associated with this action. The department has sufficient budget and grant funding to cover the cost of medical supplies.

Conclusion
It is recommended that the Mayor and Ci ty Council of the City of San Bernardino, California, adopt Resolution No. 2022 -41, authorizing the City Manager to execute a Goods Purchase Agreement with Victor Medical Company and authorizing the Director of Finance to issue a purchase order to Victor M edical Company in an amount not to exceed $150,000 annually to purchase veterinary supplies and medications for animals impounded at the shelter.

Attachments
Attachment 1 Resolution No. 2022-41
Attachment 2 Purchase Agreement with Victor Medical Company Attachment 3 Bid Recap for Veterinary Pharmaceuticals and Supplies RFP F-22- 25 Ward: All

Synopsis of Previous Council Action: None
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Resolution No. 2022-

Resolution 2022-

RESOLUTION NO. 2022-

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE A

GOODS PURCHASE AGREEMENT WITH VICTOR

MEDICAL COMPANY AND AUTHORIZING THE

DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER

TO VICTOR MEDICAL COMPANY IN AN AMOUNT NOT
TO EXCEED $1 50,000 ANNUALLY TO PURCHASE

VETERINARY SUPPLIES AND MEDICATIONS FOR

ANIMALS IMPOUNDED AT THE SHELTER

WHEREAS, on October 28, 2021 , a n RFP was issued for Veterinary Supplies and medications; and
WHEREAS, following the evaluation of all bidders, Victor Medical Company was found to be the lowest responsive bidder; and
WHEREAS, the City now wishes to enter into a Purchase Agreement with Victor Medical Company to procure veterinary supplies and medications.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council hereby authorize the City Manager, or designee, to execute a goods purchase agreement with Victor Medical Company in an amount not to exceed $100,000 annually to for veterinary supplies and medications for shelter animals.

SECTION 3. The Mayor and City Council hereby authorize the Director of Finance to issue a purchase order to Victor Medical Company in an amount not to exceed $150,000 annually to purchase veterinary supplies and medications for shelter animals.

SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the ac tivity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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Attachment: Resolution No. 2022-41 Veterinary Supplies for Animal Services (8722 : Veterinary Supplies for Animal Services (All Wards)) Resolution No. 2022-

Resolution 2022-

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Attachment: Resolution No. 2022-41 Veterinary Supplies for Animal Services (8722 : Veterinary Supplies for Animal Services (All Wards)) Resolution No. 2022-

Resolution 2022-

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-__, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______

WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.

Genoveva Rocha, CMC, City Clerk

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Attachment: Resolution No. 2022-41 Veterinary Supplies for Animal Services (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards))

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Attachment: Purchase Agreement with Victor Medical Company (8722 : Veterinary Supplies for Animal Services (All Wards)) (Unit Price * Quantity)
Item
Num Section Item Code Description Quantity Unit Price
Line Total
Vendor Submitted
Pricing based on the
incorrect quantities
Quantities on Pricing
Form Corrected Pricing Response
Comments: City Verfied this
information with Vendor Unit Price Line Total Response Comment Unit Price Line Total Response Comment Unit Price Line Total Response Comment 1 Section 1 1 Rescue concentrate 55gal – 8 barrels 1 $1,474.29 $1,474.29 8.00 11,794.32$ Yes Unit Price x 8 barrels = 11,794.32 No $13,772.50 $13,772.50 Yes $12,917.52 $12,917.52 Yes Sold in 4 drum pallet in order to
get $0.00 shipping
2 Section 1 2 Canine DAPPv 25x1cc – 200 (flats of 25) 1 $49.85 $49.85 200.00 9,970.00$ Yes $22,600.00 $22,600.00 Yes Product #065288 MERCK
NOBIVAC DAPPV, Shipped
directly from MFG, product
guarantee included (attached) $22,600.00 $22,600.00 Yes $34,750.00 $34,750.00 Yes 3 Section 1 3 Canine Bordatella 25x1cc – 200 (flats of 25) 1 $51.17 $51.17 200.00 10,234.00$ Yes $22,250.00 $22,250.00 Yes Product #065313 MERCK
NOBIVAC INTRA-TRAC3,
Shipped directly from MFG,
product guarantee included
(attached) $22,250.00 $22,250.00 Yes $34,750.00 $34,750.00 Yes 4 Section 1 4 Feline FvRCP 25x1cc – 200 (flats of 25) 1 $46.75 $46.75 200.00 9,350.00$ Yes $18,350.00 $18,350.00 Yes Product #065264 MERCK
NOBIVAC FELINE 1-HCP,
Shipped Directly from MFG,
product guarantee included
(attached) $18,350.00 $18,350.00 Yes $31,100.00 $31,100.00 Yes 5 Section 1 5 Cefpodoximine 100mg – 2 bottles 1 $40.07 $40.07 2.00 80.14$ Yes No $70.08 $70.08 Yes $80.12 $80.12 Yes 6 Section 1 6 Cefpodoximine 200mg - 2 bottles 1 $78.20 $78.20 2.00 156.40$ Yes No $142.58 $142.58 Yes $156.40 $156.40 Yes 7 Section 1 7 Amoxicillin 250mg – 500 count – 3 bottles 1 $15.22 $15.22 3.00 45.66$ Yes No $50.55 $50.55 Yes $67.98 $67.98 Yes 8 Section 1 8 Amoxicillin 500mg - 500 count – 3 bottles 1 $22.63 $22.63 3.00 67.89$ Yes No $76.14 $76.14 Yes $78.24 $78.24 Yes 9 Section 1 9 Cephalhexin 250mg – 500 count – 2 bottles 1 $19.77 $19.77 2.00 39.54$ Yes No $46.92 $46.92 Yes $74.56 $74.56 Yes 10 Section 1 10 Cephalhexin 500mg – 500 count – 2 bottles 1 $33.31 $33.31 2.00 66.62$ Yes No $76.14 $76.14 Yes $88.16 $88.16 Yes 11 Section 1 11 Doxycycline 100mg – 500 count – 40 bottles 1 $31.57 $31.57 40.00 1,262.80$ Yes No $2,078.80 $2,078.80 Yes $1,910.00 $1,910.00 Yes 12 Section 1 12 Enrofloaxin 22.7mg – 500 count – 1 bottle 1 $212.77 $212.77 1.00 212.77$ Yes No $223.97 $223.97 Yes $223.97 $223.97 Yes 13 Section 1 13 Enrofloaxin 136mg – 200 count – 1 bottle 1 $381.76 $381.76 1.00 381.76$ Yes No $401.85 $401.85 Yes $387.06 $387.06 Yes 14 Section 1 14 Vetprofen 25mg – 180 count – 2 bottles 1 $58.51 $58.51 2.00 117.02$ Yes No $117.02 $117.02 Yes $118.44 $118.44 Yes 15 Section 1 15 Vetprofen 75mg – 150 count – 2 bottles 1 $67.50 $67.50 2.00 135.00$ Yes 180ct Bottle No $135.00 $135.00 Yes $136.66 $136.66 Yes 16 Section 1 16 Vetoprofen 100mg – 180 count – 2 bottles 1 $85.31 $85.31 2.00 170.62$ Yes No $170.62 $170.62 Yes $172.68 $172.68 Yes 17 Section 1 17
Amoxicillin/Clavulanate Tablets 250mg – 5
boxes 1 $195.34 $195.34 5.00 976.70$ Yes 210ct No $1,034.15 $1,034.15 Yes $721.00 $721.00 Yes 18 Section 1 18
Amoxicilin/Clavulanate Oral Suspension 50mL-
-200MG/28.5MG – 6 cases
1 $213.00 $213.00 6.00 1,278.00$ Yes 15ml - 12ct No $165.60 $165.60 Yes $26.58 $26.58 Yes 19 Section 1 19
3mL Luer-lock syringes with 22ga x ¾”
needles attached – 10 cases 1 $6.34 $6.34 10.00 63.40$ Yes No $1,268.00 $1,268.00 Yes Terumo $1,315.00 $1,315.00 Yes 10 boxes per case 20 Section 1 20 6mL Luer-lock syringes – 2 box/cases 1 $8.75 $8.75 2.00 17.50$ Yes 100ct No $91.40 $91.40 Yes 10boxes/case $26.42 $26.42 Yes 21 Section 1 21 12mL Luer-lock syringes -2 box/cases 1 $10.90 $10.90 2.00 21.80$ Yes 100ct No $236.52 $236.52 Yes Neogen 6box/case $36.58 $36.58 Yes 22 Section 1 22 22ga x ¾” needles – 10 cases 1 $3.49 $3.49 10.00 34.90$ Yes 100ct No $415.40 $415.40 Yes Exel $702.00 $702.00 Yes 10 boxes per case 23 Section 1 23 20ga x ¾” needles – 5 cases 1 $3.49 $3.49 5.00 17.45$ Yes 100ct No $207.70 $207.70 Yes Exel $231.00 $231.00 Yes 10 boxes per case 24 Section 1 24 18ga x 1” needles – 5 cases 1 $3.49 $3.49 5.00 17.45$ Yes 100ct No $207.70 $207.70 Yes Exel $615.00 $615.00 Yes 10 boxes per case 25 Section 1 25 18ga x 1 ½” needle – 5 cases 1 $3.63 $3.63 5.00 18.15$ Yes 100ct No $382.00 $382.00 Yes Terumo $307.50 $307.50 Yes 10 boxes per case 26 Section 1 26 Euthanasia III Solution 100mL – 36 bottles 1 $58.51 $58.51 36.00 2,106.36$ Yes No $1,970.64 $1,970.64 Yes subject to availability product on
allocation from manufacturer $2,140.56 $2,140.56 Yes
27 Section 1 27 Multi-dose Vial Access Spike- 20 individual 1 $2.04 $2.04 20.00 40.80$ Yes No $38.40 $38.40 Yes $381.95 $381.95 Yes Sold in 5 count 28 Section 1 28 Xylazine – 2 cases 1 $20.99 $251.88 2.00 503.76$ Yes 100mg - 50ml No $523.44 $523.44 Yes $598.80 $598.80 Yes 12 vials per case 29 Section 1 29 Acepromazine – 2 cases 1 $39.62 $475.44 2.00 950.88$ Yes 10mg - 100ct bottle No $523.92 $523.92 Yes $543.84 $543.84 Yes 12 vials per case 30 Section 1 30
Capstar (Oral Flea Medication) small dog – 5
boxes 1 $190.96 $190.96 5.00 954.80$ Yes 10x6ct No $1,171.50 $1,171.50 Yes $1,171.55 $1,171.55 Yes 31 Section 1 31
Capstar (Oral Flea Medication) large dog – 5
boxes 1 $198.35 $198.35 5.00 991.75$ Yes 10x6ct No $1,219.20 $1,219.20 Yes $1,239.70 $1,239.70 Yes 32 Section 1 32 Capstar for Cats and Kittens – 5 boxes 1 $190.96 $190.96 1.00 190.96$ Yes 10x6ct No $1,193.50 $1,193.50 Yes $1,193.50 $1,193.50 Yes 33 Section 1 33 33. Prednisone 5 mg – 1 small bottle 1 $2.94 $2.94 1.00 2.94$ Yes 100ct No $5.17 $5.17 Yes 100 tab bottle $134.71 $134.71 Yes 34 Section 1 34 34. Gabapentin – 1 small bottle 1 $1.86 $1.86 1.00 1.86$ Yes 100mg - 100ct No $10.86 $10.86 Yes 500ct bottle $80.35 $80.35 Yes 35 Section 1 35 35. Duramax – 2 bottles 1 $18.53 $18.53 2.00 37.06$ Yes 12mg - 30ct No $398.44 $398.44 Alt Doxidyl 100mg 90tab $498.06 $498.06 Yes 36 Section 1 36 36. Tobramycin eye drops – 48 1 $3.14 $3.14 48.00 150.72$ Yes 5ml No $130.56 $130.56 Yes $142.56 $142.56 Yes 37 Section 1 37 37. BNP Ophthalmic ointment – 40 tubes 1 $4.94 $4.94 40.00 197.60$ Yes 1/8oz No $208.80 $208.80 Yes $379.60 $379.60 Yes 38 Section 1 38

38. #10 blades for Oster Clippers – 5 packages
of blades 1 $22.49 $22.49 5.00 112.45$ Yes No $116.85 $116.85 Yes 5 $146.25 $146.25 Yes 39 Section 1 39 39. Pyrantel Pamoate – 1 bottle 1 $18.20 $18.20 1.00 18.20$ Yes No $29.23 $29.23 Yes $16.32 $16.32 Yes 40 Section 1 40

40. Meloxicam 1.5mg/mL Oral Suspension
200mL bottle 1 $95.15 $95.15 1.00 95.15$ Yes No $95.15 $95.15 Yes subject to manufacturer
shortages $12.55 $12.55 Yes
41 Section 1 41

41. Metronidazole tablets – 500 count – 1
bottle 1 $16.18 $16.18 1.00 16.18$ Yes 250mg No $29.61 $29.61 Yes $6.64 $6.64 Yes 42 Section 1 42 42. Pump for 55gal drum – 2 pumps 1 $75.43 $75.43 2.00 150.86$ Yes No $165.02 $165.02 Yes P20055 $161.16 $161.16 Yes 43 Section 1 43

43. Sharps Container 7.5 Gal 30 Qt – 12
containers 1 $11.22 $11.22 12.00 134.64$ Yes 8 gallon No $132.96 $132.96 Alt

7.5gal discontinued, this
is10gallon $213.84 $213.84 Yes
44 Section 1 44 44. Sharps Container 12 Qt – 12 containers 1 $6.23 $6.23 12.00 74.76$ Yes 14 QT No $73.03 $73.03 Yes $94.08 $94.08 Yes 45 Section 1 45 45. Providone Iodine scrub 1% Gal - 1 1 $23.26 $23.26 1.00 23.26$ Yes No $22.84 $22.84 Yes $34.79 $34.79 Yes 46 Section 1 46 46. Canine Parvo Rapid tests – 15 boxes 1 $296.65 $296.65 15.00 4,449.75$ Yes 20ct No $4,449.76 $4,449.76 Yes $2,384.25 $2,384.25 Yes 47 Section 1 47

47. Ciproflaxin Tablets 250mg – 100 count – 2
bottles 1 $5.71 $5.71 2.00 11.42$ Yes No $11.98 $11.98 Yes $15.26 $15.26 Yes 48 Section 1 48

48. Ciproflaxin Tablets 750mg – 50 count – 2
bottles 1 $6.69 $6.69 2.00 13.38$ Yes No $28.42 $28.42 Yes $17.88 $17.88 Yes 49 Section 1 49 49. Alcohol 4 Qt./case – 2 cases 1 $59.95 $59.95 2.00 119.90$ Yes No $49.70 $49.70 Yes $59.96 $59.96 Yes 50 Section 1 50 50. Peroxide – 2 gallons 1 $3.70 $3.70 2.00 7.40$ Yes No $12.00 $12.00 Yes $10.82 $10.82 Yes 51 Section 1 51 51. Previcox 57mg – 180 count – 2 bottles 1 No Bid No Agency No No $406.80 $406.80 Yes 52 Section 1 52 52. Previcox 227mg – 180 count – 2 bottles 1 No Bid No Agency No No $874.80 $874.80 Yes 53 Section 1 53 53. Chlorhedxidine scrub – 1 gallon 1 $23.23 $23.23 1.00 23.23$ Yes No $24.14 $24.14 Yes $24.42 $24.42 Yes 54 Section 1 54 Shipping/Delivery Fees 1 $555.98 $555.98 1.00 555.98$ Yes Freight No No $0.00 $0.00 Yes *Excludes special order items 55 Section 1 55 Additional Fees 1 $35.00 $35.00 1.00 35.00$ Yes Hazmat Fee No $8,452.38 $8,452.38 Alt 8.75% sales tax $0.00 $0.00 Yes Subtotal
(Incorrect Pricing
based on Qtys of 1) $5,771.73
Subtotal
(Corrected Pricing
based on Corrected
Quantities) 58,500.94$ Subtotal $63,200.00 Subtotal $105,658.14 Subtotal $133,977.87 Total
(Incorrect Pricing
based on Qtys of 1) $5,771.73
Total
(Corrected Pricing
based on Corrected
Quantities)
58,500.94$ Total $63,200.00 Total $105,658.14 Total $133,977.87 Bid Results for Project Veterinary Pharmaceuticals & Supplies (RFQ F-22-25) City of San Bernardino
Issued on 10/28/2021
Bid Due on November 17, 2021 3:00 PM (PST)
Exported on 11/18/2021
Midwest Veterinary Supply, Inc.
21467 Holyoke Ave., Lakeville MN, 55044
City Contact Vendor to Verify Pricing - Rescinded due to additional contract requirements from Midwest Veterinary supply Intervet Inc.
2 Giralda Farms, Madison, NJ, 07940
Victor Medical CO
50 Bunsen, Irvine, CA. 92618
WA Butler Company
400 Metro Place North, Dublin, OH, 43017
The City Purchasing Manager Contacted MidWest Veterinary Supplies to verify pricing due to the very low bid that was submitted. Vendor misunderstood and the correct pricing has been verified and updated. With the correct pricing and quantities, MidWest Veterinary Supplies is still the lowest, responsible, responsive Bidder
The offer to award this contract to MidWest Veterinary Supply is being rescinded due the following reason:
- Midwest Veterinary Supply requires their customers to execute an additional separate application with standard terms and conditions that may be contrary, to the terms and conditions drafted within the City’s Service Agreement template. The RFQ for these services, stated the following information in section 2:
o “State any exceptions to or deviations from the requirements of this RFQ, stating “technical” exceptions on the Technical Specifications form, and “contractual” exceptions on a separate sheet of paper. Where Bidder wishes to propose alternative approaches to meeting the City’s technical or contractual requirements, these should be thoroughly explained.” This means that by not submitting and thoroughly explaining that an additional application required execution, MidWest Veterinary Supply forfeited their option to submit any deviations or exceptions to the City’s contractual terms and conditions. We are not in agreement with executing an additional application in order to contract services with your company; therefore, the offer to award is being rescinded.

SUMMARY - The city has determined that Victor Medical Company is the Lowest most responsive/responsible bidder for the Animal Service Bid F-22-25. The City reserves the right to reject any or all offers, to waive any discrepancy or technicality and to split or make the award in any manner determined by the City to be most advantageous to the City.

This is a TENATIVE award notification only. Vendor(s) are NOT authorized to begin work/services or deliver products without first receiving an authroized signed purchase order or signed contract from the Purchasing Agent. The City is not responsible for payment for work/services done or products delivered without a signed pruchase order or signed contract.

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Attachment: Bid Recap for Veterinary Pharmacuticals and Supplies RFP F-22-25 (8722 : Veterinary

Consent Calendar

City of San Bernardino
Request for Council Action

Date: March 2, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance

Subject: Approval of Commercial and Payroll Disbursements (All Wards)

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for February 2022.

Background
Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers.

The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp>

Discussion
Gross Payroll
Bi-Weekly for February 3, 2022 $2,326,032.06
Total Payroll Demands: $2,326,032.06

The following check registers are being presented for approval:

January 27, 2022 2021/22 (Register #29) $1,156,386.89
February 3, 2022 2021/22 (Register #30) $834,772.22
February 10, 2022 2021/22 (Register #31) $1,833,236.54
Total commercial check demands: $3,824,395.65

The following Electronic Funds Transfer (EFT) registers presented for approval:

January 26 to January 28, 2022 2021/22 (Register #1240-#1247) $ 688,951.05 Total commercial EFT demands: $ 688,951.05

2021-2025 Key Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements alig n with Key Target No. 1: Improved Operational and Financial Capacity by creating a framework for spending decisions. 5 Packet Pg. 129
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Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budge t authorization and no further budgetary impact is required.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for February 2022.

Attachments
Attachment 1 Payroll Summary Report for February 2022
Attachment 2 Commercial checks & Payroll Register #29
Attachment 3 Commercial checks & Payroll Register #30
Attachment 4 Commercial checks & Payroll Register #31
Attachment 5 Commercial EFT Registers #1240-1247

Ward: All
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Consent Calendar

City of San Bernardino
Request for Council Action

Date: March 2, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: René Anderson, Director of Human Resources

Subject: Side Letter Agreement Between the City and San Bernardino Police Officers Association (All Wards)

Recommendation
Adopt Resolution No. 2022 -43 of the Mayor and City Council of the City of San Bernardino, California, approving a Side Letter Agreement to the Memoran dum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), amending Article III, Section 6(C); and amending Resolution Nos. 2018-287 and 2020-132.

Background
The Commission on Peace Officer St andards and Training (POST) Program exists under the authority of, and in compliance with, California Penal Code Sections 13503, 13506, and 13510. The City of San Bernardino participates in the POST Program and therefore, must adhere to the regulations of California Code of Regulations (CCR) Title 11, Division 2.

The POST Professional Certificate Program fosters education, training, and professionalism in law enforcement; raises the level of competence of law enforcement officers; and fosters cooperation b etween the Commission, its clients, and individuals.

The Commission, through the POST Professional Certificates Unit, awards professional certificates comprised of Intermediate, Advanced and Supervisory certificates among others. Safety employees can obtai n these after successfully completing the training, education, and law enforcement experience requirements associated with each certificate. The certificates must be obtained in sequence; for example, an employee would not be able to obtain a Supervisory C ertificate without first obtaining the Advanced Certificate.

On October 20, 2021 the Mayor and City Council adopted Resolution No. 2021 -251, approving the Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA) effective July 1, 2020 through June 30, 2025.

On June 17, 2020, the Mayor and City Council of the City of San Bernardino, adopted Resolution No. 2020 -132, approving a side letter agreement to the MOU between the 6 Packet Pg. 194
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City and the SBPOA, amending work schedules.

On December 19, 2018, the Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2018 -287, approving a side letter agreement to the MOU between the City and the SBPOA, adding Watch Commander Compensation.

Discussion
As part of the updates to the MOU that was approved by the Mayor and Council on October 20, 2021, Article III , Section 6(B), was amended to provide an increase to the Police Officers Standards and Training (POST) Advanced Certificate pay.

When the MOU was presented , Section 6(C) - POST Supervisory Certificate pay was not amended to account for the increase that occurred in Section 6(B) - POST Advanced Certificate pay. Before the Mayor and City Council’s consideration today, is to amend Article III, Section 6 (C) to read as follows:

C. Two hundred seventy -five dollars ($275) additional compensation per month shall be paid to each employee who has obtained a POST Supervisory Certificate. As of January 1, 2022 the amount will be increased to four hundred seventy -five dollars ($475); effective July 1, 2022 to five hundred twenty -five dollars ($525); effective July 1, 2023 to six hundred seventy-five dollars ($675); and effective July 1, 2024 to seven hundred twenty-five dollars ($725)
At this time, staff is also requesting approval to extend the effective dates of prior side letters outlined in Resolution No. 2018 -287 concerning the blended work schedule for employees assigned to patrol, and Resolution No. 2020-132 regarding compensation for employees assigned as watch commanders.

2021-2025 Strategic Targets and Goals
Authorization of this side letter agreement aligns with Key Target No. 2a: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retai ns, and motivates the highest quality talent.

Fiscal Impact
There is sufficient funding in the FY 20/21 Adopted Budget for costs associated with the special pay increase.

Conclusion
It is recommended that the Mayor and City Council of the City of San Be rnardino, California, adopt Resolution No. 2022 -43 approving a Side Letter Agreement to the Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), amending Article III, Section 6(C); and Amending Resolution Nos. 2018-287 and 2020-132.

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Attachments
Attachment 1 Resolution 2022-43;
Attachment 2 Resolution 2022-43; Exhibit A-Side Letter Agreement Attachment 3 SBPOA Memorandum of Understanding (2020-2025) Attachment 4 Resolution No. 2018-287
Attachment 5 Resolution No. 2020-132

Ward: All

Synopsis of Previous Council Actions:

October 20, 2021 The Mayor and City Council of the City of San Bernardino , California, adopted Resolution No. 2021 -251, approving the Memorandum of Understa nding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA)

June 17, 2020 The Mayor and City Council of the City of San Bernardino, adopted Resolution No. 2020 -132, Approving a Side Letter Agreement to the MOU between the City and the SBPOA Amending Work
Schedules

December 19, 2018 The Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2018 -287, Approving a Side Letter Agreement to the MOU between the City and SBPOA adding Watch Commander Compensation
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Resolution No. 2022-43

Resolution 2022-43
March 2, 2022

RESOLUTION NO. 2022-43

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING A SIDE LETTER AGREEMENT BETWEEN

THE CITY OF SAN BERNARDINO AND THE SAN

BERNARDINO POLICE OFFICERS ASSOCIATION
(SBPOA) AMENDING ARTICLE III, SECTION 6(C); AND
AMENDING RESOLUTION NOS. 2018-287 AND 2020-132

WHEREAS, on October 20, 2021 the Mayor and City Council adopted Resolution No. 2021-251, approving the Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA) effective July 1, 2020 through June 30, 2025; and

WHEREAS, as part of the updates to the MOU that was approved by the Mayor and Council on October 20, 2021, Article III, Section 6(B), was amended to provide an increase to the Police Officers Standards and Training (POST) Advanced Certificate pay; and

WHEREAS, Section 6(C) - POST Supervisory Certificate pay was not amended to account for the increase that occurred in Section 6(B) - POST Advanced Certificate pay; and WHEREAS, Resolution Nos. 2018-287 and 2020-132 outlining side letters to the SBPOA MOU will need to be extended through June 30, 2025 to align with the current MOU.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Manager is hereby authorized to execute the Side Letter Agreement attached hereto and incorporated herein, marked as Exhibit A.

SECTION 2. Resolution 2018-287 and 2020 -132 is hereby amended to extend through June 30, 2025.

SECTION 3. The Mayor and City Council find this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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Resolution No. 2022-43

Resolution 2022-43
March 2, 2022

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of March 2022.

John Valdivia, Mayor
City of San Bernardino

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2022-43

Resolution 2022-43
March 2, 2022

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-43, adopted at a regular meeting held on the 2nd day of March 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______

WITNESS my hand and official seal of the City of San Bernardino this 3rd day of March 2022.

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE SAN BERNARDINO POLICE OFFICERS ASSOCIATION (“ASSOCIATION”)

The City and the Association hereby agree to a modification of the terms and conditions set forth in the Memorandum of Understanding (2020-2025) between the City and the Association (hereinafter referred to as “MOU”) as follows:

1. Article III, Section 6, Subsection C of the MOU shall be revised to read as follows:

C. Two hundred seventy -five dollars ($275) additional compensation per month shall be paid to each employee who has obtained a POST Supervisory Certificate.

As of January 1, 2022 the amount will be increased to four hundred seventy-five dollars ($475); effective July 1, 2022 to five hundred twenty -five dollars ($525); effective July 1, 2023 to six hundred seventy-five dollars ($675); and effective July 1, 2024 to seven hundred twenty-five dollars ($725)

2. This Side Letter Agreement shall become effective immediately following City Council approval.

3. All other terms and conditions of the MOU will remain the same.

___________________________________
Jonathan Plummer, President
San Bernardino Police Officers Association

Date: ____________________________
___________________________________
Robert D. Field, City Manager
City of San Bernardino

Date: ____________________________

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SAFETY EMPLOYEES

MEMORANDUM
OF

UNDERSTANDING
JULY 1, 2020
TO
JUNE 30, 2025

CITY OF SAN BERNARDINO

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TABLE OF CONTENTS
Page
i
ARTICLE I - - ADMINISTRATION ............................................................................................ 1 Section 1 - - Definition of Terms ....................................................................................... 1 Section 2 - - Management Rights....................................................................................... 2 Section 3 - - Mutual Aid .................................................................................................... 2 Section 4 - - Agency Personnel Rules................................................................................ 3 Section 5 - - Employees’ Rights ........................................................................................ 3 ARTICLE II - - EMPLOYER-EMPLOYEE RELATIONS .......................................................... 3 Section 1 - - Recognition ................................................................................................... 3 Section 2 - - No Strike ....................................................................................................... 3 Section 3 - - Payroll Deductions ........................................................................................ 4 Section 4 - - Grievance Procedure ..................................................................................... 4 Section 5 - - Employee Representatives ............................................................................ 7 Section 6 - - Investigation Rights....................................................................................... 7 Section 7 - - Non-Discrimination ....................................................................................... 8 Section 8 - - Personnel Files .............................................................................................. 8 Section 9 - - Political Activities ......................................................................................... 8 Section 10 - - Use of City Resources ................................................................................. 9 Section 11 - - Employer-Employee Relations Committee ................................................. 9 ARTICLE III - - COMPENSATION ............................................................................................. 9 Section 1 - - Salaries .......................................................................................................... 9 Section 2 - - PERS/Retirement Plan .................................................................................. 9 Section 3 - - Overtime ...................................................................................................... 10 Section 4 - - Assignment to Higher Position ................................................................... 11 Section 5 - - On-Call/Call-Back/Standby ........................................................................ 12 Section 6 - - Educational Incentive .................................................................................. 12 Section 7 - - Court Fines .................................................................................................. 13 Section 8 - - Special Skills Pay ........................................................................................ 13 Section 9 -- Longevity Pay ……………………………………………………………...14 ARTICLE IV - - FRINGE BENEFITS ........................................................................................ 14 Section 1 - - Health/Life Insurance - Active Employees ................................................. 14

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TABLE OF CONTENTS
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Section 2 - - Rain Gear/Utility Uniforms/Uniform Allowance ....................................... 15 Section 3 - - Books and Tuition Allowance ..................................................................... 15 Section 4 - - Deferred Compensation............................................................................... 15 Section 5 - - Safety Equipment ........................................................................................ 16 Section 6 - - Replacing/Repairing Personal Property ...................................................... 16 Section 7 - - Service Pins ................................................................................................. 16 ARTICLE V - - LEAVES ............................................................................................................ 17 Section 1 - - Pre-Petition Leave Banks ............................................................................ 17 Section 2 - - Vacations ..................................................................................................... 17 Section 3 - - Holidays ...................................................................................................... 18 Section 4 - - Sick Leave ................................................................................................... 19 Section 5 - - Payment for Unused Sick Leave ................................................................. 21 Section 6 - - Injury Leave ................................................................................................ 22 Section 7 - - Leave of Absence Without Pay ................................................................... 22 Section 8 - - Military Leave ............................................................................................. 23 ARTICLE VI - - WORKING CONDITIONS ............................................................................. 24 Section 1 - - Work Schedules........................................................................................... 24 Section 2 - - Shift Change ................................................................................................ 25 Section 3 - - Probationary Period ..................................................................................... 26 Section 4 - - Seniority ...................................................................................................... 26 Section 5 - - Reemployment ............................................................................................ 26 Section 6 - - Physical Examinations ................................................................................ 26 ARTICLE VII - - GENERAL PROVISIONS ............................................................................. 26 Section 1 - - Term ............................................................................................................ 26 Section 2 - - Notice of Intent to Reopen .......................................................................... 26 Section 3 - - Housing Incentives ...................................................................................... 26 Section 4 - - Recruitment Obligations ............................................................................. 26 Section 5 - - Per Diem/Reimbursement Policy ................................................................ 27 Section 6 - - Severability.................................................................................................. 27 Section 7 - - Waiver Clause ............................................................................................. 27

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TABLE OF CONTENTS
(continued)
Page
iii
Section 8 - - Prevailing Benefits ...................................................................................... 27 Section 9 - - Dispute Resolution ...................................................................................... 28 REFERENCES ............................................................................................................................ 28 POLICE SAFETY EMPLOYEES’ MEMORANDUM OF UNDERSTANDING 2020 - 20225............................................................................................................................................ 29

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 1 ARTICLE I -- ADMINISTRATION
Section 1 -- Definition of Terms
Administration. Any elected or appointed official of the City and any employee of the City whose job classification is
Management or Confidential employee.

Appointing Authority The Chief of the San Bernardino Police Department. In the Chiefs absence, the Assistant Chief will be the
appointing authority.

Appropriate Unit Those positions recognized as belonging to the unit covered by the terms of this MOU.

Association. The San Bernardino Police Officers’ Association (SBPOA).

Chief. The Chief of Police of the City of San Bernardino.

City. The City of San Bernardino.

Continuous Service. Five-sixths (5/6) of the available compensable days within the 12-month period immediately preceding the
date of the employee’s return to service. 217 days for employees working 8-hour shifts and 173 days for
employees working 10-hour shifts.

Department. The San Bernardino Police Department.

Division. Any one of the major Divisions of the Department.

Employee. All Safety Personnel within the classifications in this appropriate unit.

Employee Organization. The San Bernardino Police Officers’ Association (SBPOA).

Employer. Shall include the City of San Bernardino, and the City of San Bernardino Police Department.

Gender. The masculine gender also includes the feminine.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 2 Mandatory and Permissive. “Shall” is mandatory, “may” is permissive.

Years of Employment. Shall include all full-time services for the City of San Bernardino unless otherwise stated.

Memorandum of Understanding
(MOU).

Shall mean the contractual obligation between the City
and the employees of the Unit.

Singular and Plural. The singular also includes the plural.

Tense. The present tense shall also include the past and the future.

Section 2 -- Management Rights
This Resolution shall not be deemed to limit or curtail the City in any way in the exercise of the rights, powers and authority which the City has prior to entering into this MOU, except to the extent that the provisions of the MOU specifically curtail or limit such rights, powers and authority. Furthermore, the City retains all rights, powers and authority under City Cha rter, Ordinances, Resolutions, State and Federal law, and expressly and exclusively to . determine the mission of its constituent departments, commissions and boards; set standards of selection for employment and promotion; direct its employees; establish and enforce dress and grooming standards; maintain the efficiency of governmental operations; determine the methods, means, numbers and kinds of personnel by which government operations are to be conducted; determine the content and intent of job classific ations; determine methods of financing; determine style and/or types of City issued wearing apparel, equipment or technology to be used, provided that no such measures which threaten the safety of employees shall be adopted; determine and change the facilities, methods, technology, means, organizational structure, size and composition of the work force and allocate and assign work by which the City operations are to be conducted, provided however, that no such measures which threaten the safety of employees shall be adopted; determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or subcontract any wor k or operations of the City subject to all applicable meet and confer obligations; assign work to and schedule employees in accordance with requirements as determined by the City; and establish and change work schedules and assignments as set forth in the MOU; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, except such as are mandated by City Charter, or otherwise discipline employees in accordance with the applicable law; establish employee performance standards, including but not limited to, quality and quantity standards; carry out its mission in emergencies; and, exercise complete control and discretion over its organization and the technology of performing its work.

Section 3 -- Mutual Aid

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 3 Nothing herein shall in any way be construed to limit the use of any public safety agency or any member in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this article be construed in an y way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is indeed necessary or desirable by the jurisdictions or the agencies involved.

Section 4 -- Agency Personnel Rules
It is understood and agreed that there exists within the City the “Civil Service Rules and Regulations for the Classified Service”; Resolution No. 10584, Establishing Uniform and Orderly methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended, and Resolution No. 10585, Adopting Rules and Regulations Relating to Employer Employee Relations, as amended. These documents will continue in effect, except for those provisions modified by the City Council in accordance wi th state or federal laws, orders, regulations, official instructions or policies. In the case of proposed changes by other than agreement, the City shall consult with the Association or meet and confer when required by statute. In cases of emergency, the A ssociation and City will meet as soon as possible after the changes.

Section 5 -- Employees’ Rights
Employees shall have all the rights, which may be exercised in accordance with state law, federal law, the Charter and applicable ordinances, resolutions, rules and regulations.

A. The right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer -employee relations.

B. The right to refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the City.

C. The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal by other employees, employee organizations, management or supervisors as a result of their exercise of rights indicated in (A) and (B) above.

ARTICLE II -- EMPLOYER-EMPLOYEE RELATIONS
Section 1 -- Recognition
Formal recognition of the Association is acknowledged for purposes of meeting and conferring on wa ges, hours, working conditions and other terms and conditions of employment and of general representation of its members. The Association has been recognized formally as the majority representative of the appropriate unit composed of Police Officers and other sworn, non- management positions in the San Bernardino Police Department, including but not limited to, the following classifications. Police Officer; Corporal; Detective; and, Sergeant. These positions are recognized regardless of assignment, receipt of incentive pay or acting in a higher position.

Section 2 -- No Strike

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 4 It is the purpose of the MOU for the parties hereto, to confirm and maintain the spirit of cooperation, which has heretofore existed between the City of San Bernardino and the employee organization. It is recognized that any work disruptions are unproductive to City operations and services provided its citizens. The Association and City hereby agree that they shall at no time nor in any way jeopardize the public health, welfare and safety of the City’s business and residential communities. Thus, the Association and the City will strive to promote a harmonious relationship between the parties of this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Association shall not, on behalf of itself and its members, individually or collectively, engage in any curtailment or restriction of work, including but not limited to, “blue flu” or strikes, at any time during the term of this MOU.

Section 3 -- Payroll Deductions
It is agreed that the Association membership dues, insurance and premiums for plans sponsored by the Association shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees c overed hereby shall be made to the Association within 30 days after the conclusion of the month in which said membership dues and insurance premiums were deducted.

The City shall not be liable to the Association, employees or any other persons by reason of the requirements of this section for the remittance of any sum other than that constituting actual deductions made from employee wages earned. The Association shall hold the City harmless from any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of, or by reason of, action taken by the City under this section.

Section 4 -- Grievance Procedure
A. Purpose. The City of San Bernardino and the Association realize the importance of a viable grievance procedure to aid in the resolution of disputes among employees, supervisors and management. It is recognized that to maintain high employee morale and harmonious relations, an orderly method of processing grievances is necessary.

This procedure is intended to establish a systematic means to process a grievance and to obtain fair and proper answers and decisions regarding employee complaints. The representative of employees and management at all levels will make continuing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the informal process.

The initiation of a grievance in good faith by an employee shall not cast any adverse reflection on his/her standing with his/her supervisors or his/her loyalty as a City employee, nor be a reflection on the employee’s supervisor or the department involved, unless it is determined that such department or supervisor has grossly abused management discretion or the employee has grossly abused the grievance process.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 5 B. Definition. A grievance is an alleged violation of the terms of this MOU or of the laws, ordinances, resolutions or regulations concerning or affecting wages, hours or other conditions of employment. The remedy selected by the employee shall be the exclusive remedy pursued, either through the grievance procedure or through appeals to the Personnel Commission.

However, nothing herein shall be interpre ted as relinquishment of the rights set forth in City of San Bernardino Charter Sections 253, 254, and 255.

Additionally, allegations of discrimination and harassment shall be submitted to the Equal Employment Officer.

C. Representation. The aggrieved employ ee shall have the right to be represented .

This representation may commence at any step in the grievance procedure. Legal counsel and/or official representatives of the recognized employee organization only can represent the employee.

No person hearing a g rievance need recognize more than one representative for any employee at any one time, unless he/she so desires. If the employee’s legal counsel is not from the formally recognized employee organization, a representative of that formally recognized organization may attend the grievance hearing to insure that the solution reached does not violate the terms of the MOU.

D. Consolidation of Grievances . In order to avoid the necessity of processing numerous similar grievances at one time, a single grievance may be filed.

E. Time Limits Time limitations are established to settle a grievance quickly . Time limits may be modified by agreements of the parties. I f at any stage of the grievance procedures the grievant is dissatisfied with the decision rendered, it shall be the grievant’s responsibility to initiate the action, which submits the grievance to the next level of review. The grievant may proceed to the next step if a reviewing official does not respond within the time limits specified.

A formal grievance may be entertained in or advanced to any step if the parties jointly so agree.

F. Steps in the Grievance Procedure . The procedures outlined herein constitu te the informal and formal steps necessary to resolve an employee’s grievance . An attempt to settle the grievance in the informal structure at the employee -supervisor level is required. The grievance must be submitted to the informal step within sixty (60) working days of the incident causing the grievance or the grievant becoming aware of the event or act giving rise to the grievance. When a grievance is filed by the Association (as opposed to an individual), the in itial grievance shall be filed at the Step 3 level, directly with the Chief of Police.

Note. If the employee chooses to appeal disciplinary action to the Personnel Commission, he/she shall be precluded from filing a grievance.

The date and the subject of the incident should be provided with the request for the informal meeting.

1. Informal. Initially, the grieving employee shall on a personal face -to-face basis discuss his/her complaint with his/her immediate supervi sor informally. Within fifteen (15) calendar days, the supervisor shall give his/her decision to the employee orally.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 6 2. Formal
Step 1. Written Grievance to Supervisor. If a mutually acceptable solution has not been reached in the informal process, the employee shall submit the grievance in writing to his/her immediate supervisor. This must be accomplished within fifteen (15) calendar days of being informed of the supervisor’s informal decision. Within fifteen (15) working days of receiving the written notification of the employee’s grievance, the supervisor may meet with the employee and thoroughly discuss the grievance. The employee may appear personally and may be represented by a representative of his/her choice. In any event, the supervisor shall give a written decision to the employee within fifteen (15) calendar days after receipt of the written grievance.

Step 2. Meet with Division Head. If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendar days to the division head, who may follow the steps outlined in Step 1 above. In any event, the division head shall give a written decision to the employee within fifteen (15) calendar days after receipt of the grievance. Step 3. Meet with Chief. If the grievance has not been satisfactorily resolved at this level, it may be appealed fifteen (15) calendar days to the Chief, who may follow the steps outlined in Step 2 above. In any event, the Chief shall give a written decision to the employee within ten (10) working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendar days to the Director of Human Resources.

Step 4. Review by the Director of Hu man Resources. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within fifteen (15) calendar days from the date of delivery of said answer. The Director of Human Resources or his/her designee shall meet with the employee, and if the employee desires, the designated union representative within fifteen (15) calendar days after receipt of the appeal.

The designated City representative shall deliver his/her answer in writing to the employee within fifteen (15) calendar days after the meeting.

Step 5. Final Step.
a. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Manager or his/her designat ed representative within fifteen (15) calendar days from the date of delivery of said answer. State in writing the complaint and the desired result.
b. The grievance shall then be heard by a neutral hearing officer selected by the Parties from a list provided by PERB, whose decision shall be advisory to the City Manager.
c. The City Manager or his/her designated representative shall deliver his/her answer in writing within fifteen (15) calendar days after receipt of the hearing officer’s advisory decision.
d. The decision of the City Manager or his/her designated representative is final and binding on all parties, unless reversed by a court decision.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 7 e. All grievances shall be treated as confidential and no publicity will be given the final resolution of the grievances.

Section 5 -- Employee Representatives
When requested by an employee, a Job Representative (Job Rep) may investigate any alleged grievance in the department and assist in its presentati on. The representative shall be allowed reasonable time therefor during working hours without loss of time or pay, upon notification and approval of his/her immediate supervisor, with the concurrence of the division or department head. The privilege of a Job Rep to leave work during work hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused. Such time shall be excluded in any computation of overtime.

Job Reps will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Job Rep will not be granted time off or compensation for the purpose of handling grievances outside this unit. The Association shall notify the City of the names of each Job Rep each January. The City shall recognize a ratio of one (1) Job Rep for every 50 permanent employees in the unit, but not less than five (5). Job Reps shall include. One (1) from Detective B ureau; three (3) from Patrol; one (1) from MET/Traffic; and, one (1) from Narcotics.

Section 6 -- Investigation Rights
When an employee is under investigation and subjected to interrogation by his/her commanding officer or any other member of the department, which could lead to punitive action, such interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action is defined as any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer for purposes of punishment.

The Police Department will make a good faith effort to conclude within 90 calendar days any investigation that could lead to discipline of a unit member.

For disciplinary appeals, the member may request that a neutral hearing officer hear the matter and submit a proposed decision to the City’s Personnel Commission. The Commission shall review the decision and recommended discipline, and either adopt the findings and the disciplinary action in its entirety, modify the recommended disciplinary action, and/or request additional findings from the hearing officer. The Commission shall retain jurisdiction of final disposition of the disciplinary action.

The Police Department will exclude disciplinary action, which is not final in preparing performance evaluations. However, the Police Department retains the right to consider such disciplinary action, once finalized, in subsequent performance evaluations, ratings for promotions and so forth.

If an employee on the graveyard shift wishes to appeal a disciplinary action to the Personnel Commission, the employee’s shift may be rescheduled to the day shift on the date of the Personnel Commission meeting, provided that the shift change is for the disciplined employee only and the employee requests the shift change in advance through the chain of command.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 8 The City hereby adopts and incorporates herein by reference all provisions of the Public Safety Officers’ Procedural Bill of Rights (Government Code Section 3300, et. seq.).

Lawful Exercise of Rights; Insubordination; Administrative Appeal.

A. No employee shall be subje cted to punitive action, or denied promotion, or be threatened with any such treatment because of the lawful exercise of the rights granted herein or the exercise of any rights under any existing administrative grievance.

Nothing in this section shall prec lude a head of an agency from ordering an employee to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge him with insubordination.

B. No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency without providing the employee with an opportunity for administrative appeal.

Section 7 -- Non-Discrimination
The provisions of this agreement shall be applied equally by the Ci ty and the Police Association to all employees covered hereby without favor or discrimination because of race, sex, age, national origin, marital status, sexual orientation, political or religious opinions or affiliations or Association membership. Further, there shall be no discrimination against qualified individuals with disabilities as defined in the Americans With Disabilities Act of 1990 (ADA), when those individuals do not pose a risk to the health or safety of themselves or others.

Section 8 -- Personnel Files
No member shall have any comment adverse to his/her interest entered in his/her personnel file as described in PC 832.8, or any other files used for any personnel purposes by the employer, without the member having first read and signed the instrument con taining the adverse comment indicating he/she is aware of such comment, except that such entry may be made if after reading such instrument, the member refuses to sign it. Should a member refuse to sign, that fact shall be noted on the document and signed or initialed by such officer.

A member shall have 30 days within which to file a written response to any adverse comment entered in his/her personnel file. Such written response shall be attached to and accompany the adverse comment.

In all instances other than a written warning or commendation, the consultation reports will be purged from the supervisor’s file in compliance with departmental standard operating procedures. Citizen/internal complaints will be purged from the Internal Affairs files in compliance with the departmental Standard Operating Procedures.

Section 9 -- Political Activities
Except as otherwise provided by law or whenever on duty or in uniform, no employee shall be prohibited from engaging in or be coerced or required to engage in political activity.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 9 Section 10 -- Use of City Resources
The Association may be granted permission to use department facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with City needs. Permission to use facilities must be obtained by the Association from the Chief or a designated representative. The Association shall be held fully responsible for any damages to and the security of any facility that is used by the Association.

The department will furnish adequate bulletin board space where currently available. Only areas designated by the appointing authority may be used for posting of notices. Bulletin boards may be used for the following notices.

A. Scheduled Association meetings, agenda and minutes;
B. Information on Association elections and results;
C. Information regarding Association special, recreational and related bulletins; D. Reports of official business of the Association, including reports of committees or the Board of Directors;
E. MOU, pay scales, job announcements, promotion lists, etc.

Such other items as may be approved by the department management upon request of the department.

Posted notices shall not be obscene or defamatory, nor shall they advocate election or defeat of candidates for public office. All notices to be posted may be dated and signed by an authorized representative of the Association and should have prior written approval of the Chief or an authorized representative. Denial of approval shall not be ar bitrary or capricious or discriminatory.

Section 11 -- Employer-Employee Relations Committee

ARTICLE III -- COMPENSATION
Section 1 -- Salaries
The City shall implement across the board base salary increases of two and seven-tenths percent ( 2.7%) for all represented classifications, effective the first full pay period following:

September 1, 2021, July 1, 2022, July 1, 2023 and July 1, 2024.

Section 2 -- PERS/Retirement Plan
A. Retirement Benefits. SBPOA members are provided retirement benefits under the Public Employee’s Retirement System (CalPERS) as follows.

Tier I. Employees hired prior to September 1, 2011 shall receive a 3% @ 50 retirement benefit;

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 10 Tier II. CalPERS “Classic members: hired on or after September 1, 2011 shall receive a 3% @ 55 retirement benefit;
Tier III. CalPERS “New Members” hired between January 1, 2013 and December 31, 2015 shall receive a 2.7% @ 57 retirement benefit in accordance with the Public E mployees’ Pension Reform Act of 2013 (PEPRA);
Tier IV. CalPERS “New Members” hired on or after January 1, 2016 shall receive a 2.5% @ 57 retirement benefit in accordance with PEPRA.

B. Required Bargaining Unit Member Contributions.

CalPERS classic members shall contribute 12% of compensation earnable as member contributions toward their retirements.

CalPERS “new members” shall contribute member contributions of 50% of the normal costs in accordance with Government Code § 7522.30.

C. In accordance with Government Code § 21624 and § 21635, the “post survivors retirement” benefit provided under the City’s contract with CalPERS shall be provided to all employees.

D. For Tier I and Tier II employees, the final compensation period will be single highest year as provided under the City’s contract with CalPERS .

Section 3 -- Overtime
A. Policy. It is the policy of the City to discourage overtime, except when necessitated by abnormal or unanticipated workload situations. The City has the right to require overtime to be worked as necessary. Consistent with this policy, the Chief will make every effort to assign overtime evenly among the employees with similar skills or assignments.

B. Definition. Overtime is defined as all compensable hours in excess of the regularly scheduled workday or 40 hours per week . All overtime shall be reported in increments of 15 minutes and is non-accumulative and non-payable when incurred in units of less than 15 minutes.

C. Compensation. An employee who works overtime authorized by the department shall be compensated at time -and-a-halt Payment for overtime shall be made on the first regular payday following the pay period in which overtime is worked, unless overtime compensation cannot be computed until some later date, in which case, overtime will be paid on the next regular payday after such computation can be made. The employee may decide that he/she be paid for the overtime or accumulate such overtime at time-and-a-halt Such determination must be made at the time the employee submits the overtime slip. Overtime compensation for details or assignments outside the normal budgetary process or that are funded through grant funds shall be compensated in cash. Payment for unused accumulated overtime shall be made upon termination, retirement or paid to the survivor upon death of the employee.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 11 D. Accumulated overtime shall not exceed 240 hours . Effective July 1, 2015, all compensatory time shall be capped at 240 hours. Any compensatory time in excess of 240 hours shall be placed in a separate bank (Excess Comp Time Bank “ECT”) and shall be cashed out as follows.
• October 15, 2015 paycheck = 25%
• January 15, 2016 paycheck = 25%
• April 15, 2016 paycheck = 25%
• July 15, 2016 paycheck = 25%
Any SBPOA unit members who separate prior to July 15, 2015, shall be paid for all unused compensatory time in full. For the October 15, 2015 payment, the City Manager has the discretion to cash out more than 25% so long as it does not bring the SBPOA member below the 240 cap. All accumulated compensatory time shall be paid to a unit member upon promotion of the member.

Requests for use of accumulated overtime made fourteen (14) days in advance of the time requested, will be granted unless a public safety issue or serious deployment issue arises.

E. Daylight Savings Time. Employees required to work during daylight savings time when their shift is extended by one (1) hour (clocks are turned back one (1) hour) will not be compensated for that hour.

Employees required to work when their shift is reduced by one (1) hour (clocks are turned forward one (1) hour) will not be deducted one (1) hour of compensation time.

If employees are required to work beyond their standard end of shift, employees will be compensated at their normal overtime rate.

Section 4 -- Assignment to Higher Position
An employee of the department temporarily acting in a position in a higher rank during periods of absence of the incumbent or during a vacancy in the position for more than ten (10) consecutive days shall receive the same step for the higher classification (e,g., 5th step detective would be paid 5th step sergeant) or 5% above their current compensation, whichever is greater. In no event shall the base salary exceed the top step of the higher classification in which the employee is acting. The Chief shall certify monthly as to the assignment and the period of time worked in the higher rank to validate entitlement to the higher salary.

Substantive addition of duties of a higher -level classification to an employee’s budgeted position should be considered for a classification study.

Employees in the Police Officer classification who are assigned as a Field Training Officer for one week or longer shall rece ive Field Training Officer pay. Such pay shall be equal to the difference between the top step of the Police Officer classification and the top step of the Detective/Corporal classification.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 12 Section 5 -- On-Call/Call-Back/Standby
A. On-Call/Call-Back. An employee placed in an “on -call” status by Police management will receive four (4) hours pay for all or any portion of a 24-hour day. On-call status shall start at the end of the employee’s scheduled workday and at 0800 hours for employees on a scheduled day off.

Four (4) personnel will be placed in an on -call status for the purpose of homicide investigations. These personnel, consisting of three (3) investigators and one (1) supervisor, will be compensated wi th one (1) hour of overtime, equal to time -and-a-half of their current rate of pay. Periods of time for on -call will be established by the department to coincide with the needs of the investigations division.

For all unit members (other than homicide inves tigation personnel noted above), compensation for those called back after the end of their scheduled workday will be a one (1) hour minimum at time-and-a-half, as applicable.

Whether or not the time an employee is on -call need be counted as compensable working time depends upon the employee’s freedom while on-call, as defined by the Fair Labor Standards Act (FLSA).

B. Standby. In the event an employee is placed on standby for a court subpoena, the employee will receive three (3) hours’ standby pay. If the employee is called to court and does not go beyond 1200 hours in that day, it will be considered part of the three (3) hours’ standby. If the employee has to appear after the noon recess, any additional time will be added to the three (3) hours’ standby. In c ases where the subpoena is for 1330 hours or another time, the standby will start with the time stated on the subpoena. In those cases where the subpoena is for 1330 or later, the employee’s time will be computed at the amount of time between the time of the subpoena and 1700. Employees will receive a half-hour (1/2) travel time for going to court.

If an employee works graveyard shift and has an 8 . 00 a.m. court appearance; the employee will receive overtime pay for a minimum of one (1) hour. For all hours worked in excess of the one (1) hour, employees will receive overtime pay for actual time worked.

In the event the employee is required to pay parking fees, the employee will be reimbursed. If employees are required to stay through noon recess, they will be paid for the actual time worked.

Section 6 -- Educational Incentive
All police officers shall be entitled to receive in addition to their regular salary and as may be appropriate, one of the levels of incentive payment as outlined below.

A. Two hundred dollars ($200) additional compensation per month shall be paid each police officer who has obtained a Peace Officer Standards Training (POST) Intermediate Certificate; or,

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 13 B. Two hundred fifty dollars ($250) additional compensation per month shall be paid each employee who has obtained a POST Advanced Certificate. As of January 1, 2022 the amount will be increased to four hundred fifty dollars ($450); effective July 1, 2022 to five hundred dollars ($500); effective July 1, 2023 to six hundred fifty dollars ($650) ; and effective July 1, 2024 to seven hundred dollars ($700); or,
C. Two hundred seventy-five dollars ($275) additional compensation per month shall be paid to each employee who has obtained a POST Supervisory Certificate.

Section 7 -- Court Fines
The City shall pay for court fines imposed upon each member as a result of his/her conviction of a traffic violation when such employee was directed to operate any faulty vehicle or vehicular equipment, which was the proximate cause of the mechanical or other traffic violation, provided that such violation did not result from improper or negligent operation of the vehicle on the part of the member.

Section 8 -– Special Skills Pay
A. Bilingual Pay. Effective the first full pay period of October 2021 each full-time employee who passes the City’s bilingual proficiency exam shall be compensated as follows:
$171/month for police officers, $213/month for detectives/corporals and $241/month for sergeants. The City shall reserve the right to determine languages for which testing will be conducted.

B. Canine Pay. Effective the first full pay period of October 2021, Canine handlers shall be paid a special assignment pay of $342/month for police officers , $426/month for corporals/detectives and $486/month for sergeants.

C. Motors Pay. Effective the first full pay period of October 2021, Motors shall be paid a special assignment pay of $342/month for police officers , $426/month for detectives/corporals and $486/month for sergeants.

D. SWAT Pay. Effective the first full pay period of October 2021, members of the SWAT team shall be paid a special assignment pay of $171/month for police officers, $213/month for detectives/corporals and $241/month for sergeants.

E. Mounted Unit Pay. Effective the first full pay period of October 2021, employees in the Mounted Unit shall be paid a special assignment pay of $171/month for police officers , $213/month for detectives/corporals and $241/month for sergeants.

F. Shift Differential Pay. Effective the first full period after July 1, 2021, employees whose regularly assigned work shift starts at 5p.m. or later, shall be paid shift differential pay of $171/month for police officers , $213/month for detectives/corporals and P3 $241/month for sergeants.

Section 9 – Longevity Pay

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 14 Effective July 1, 2024 each employee with twenty (20) or more years of service to the City shall receive longevity pay of two hundred sixty eight dollars ($268) per month.

ARTICLE IV -- FRINGE BENEFITS
Section 1 -- Health/Life Insurance - Active Employees
A. During the term of this agreement the City’s Contributions for Healthcare benefits shall be as follows.

The amount of the City’s contribution is based on the selection of the “medical” enrollment category. If an employee elects “employee only” medical coverage, then the “employee only” allowance is given to the employe e. Any contribution not utilized by the employee shall revert to the City.

Effective the first pay period of July 2021, City’s monthly contributions towards employees’ cafeteria benefits shall be as follows: $656.00 for employee only, $1,289.00 for employee plus one and $1,724.00 for Family coverage. For the term of this Agreement, only, should the cost of the Kaiser rate exceed the City’s contr ibution, the City shall increase its contribution to match the Kaiser premiums.

B. Insurance benefits available for purchase by employees include . medical, dental, vision, and supplemental life and accidental death and dismemberment insurance.

However, City contributio ns cannot be used for any voluntary benefits offer to members through Colonial Life.

C. An employee must purchase insurance offered through the City in order to utilize the contributions described in Section A above.

D. Employees may use any of the amounts described in Section A to purchase any/all of the insurance benefits described in Section B.

E. Effective January 1, 2007, the City shall provide each employee with $25,000 term life insurance and $25,000 Accidental Disability and Dismemberment (AD&D).

F. The City shall pay funeral expenses of up to $10,000 for a police officer killed in the line of duty.

G. Enrollment in City insurance plans is subject to the regulations availability established by each plan’s provider.

H. An employee who does not want to enroll in any health care plan offered by the City must provide evidence of health care insurance coverage, and execute a “Waiver of Benefits and Release Agreement” releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. Employees who elect to waive the City’s health care insurance may receive a stipend as shall be determined by the City on an annual basis. The parties

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 15 acknowledge that the stipend for calendar year 2015 is $ 2,000 and the City has set the stipend for calendar year 2016 at $ 2,500.

I. The SBPOA agrees to participate in the City’s Joint Labor-Management Health Benefits Committee (“Committee”) to evaluate, on an annual basis, City -wide plan designs for health care. All plan designs and City contributions shall be effective on January 1st annually.

J. Employees must be in a paid status for fif teen (15) consecutive days, in any given month, to receive the benefits of this Article, unless the employee is on a qualifying approved leave, such as Family Medical Leave, and is eligible for benefit continuation under applicable State or Federal law . Me mbers who have been suspended or discharged pending an administrative appeal shall be eligible for continuation of benefits pending final disposition of the disciplinary matter by the Personnel Commission.

Section 2 -- Rain Gear/Utility Uniforms/Uniform Allowance A. Rain Gear. The City shall continue its current method to provide appropriate duty rain gear for personnel.

B. Utility Uniforms . Each employee of the bargaining unit shall be furnished one utility uniform. Said uniform shall be maintained in assigned lockers or in the vehicle available for use at all times.

C. Uniform Allowance. Once each fiscal year, each employee in the bargaining unit shall receive an annual uniform allowance of $950 to be paid in a lump sum amount during the first pay period of March.

New employees must wait until the first pay period of March to receive their annual uniform allowance.

Section 3 -- Books and Tuition Allowance
The City will continue under its formalized procedures to pay tuition costs for members who complete prior-approved, job related courses of instruction, which will increase their value to the City. Grades must be consistent with the City’s policy. Courses must be taken at an accredited school. The amount of reimbursement shall be equivalent of tuition costs for up to six (6) units per quarter as charged by the California State University, San Bernardino, or up to one-and-a-half (1- 1/2) times that amount, if based on a semester system. The Director of Human Resources will recommend approval or disapproval, based on the ava ilability of budgeted funds for tuition assistance. Reimbursement for books required for the approved course or courses may be authorized by the Chief at the time reimbursement for tuition is requested. See Exhibit 1 - Department of Director Letter (DDL) No. 48, Educational Reimbursement Processing.

Section 4 -- Deferred Compensation
The City shall continue to sponsor a Deferred Compensation Plan, which shall be available to employees on a voluntary basis. Unspent “cafeteria” contributions may not be diverted into a deferred compensation or like plan.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 16 Section 5 -- Safety Equipment
A. New employees who are required to have safety equipment will be furnished same on a one-time basis, including safety equipment hardware, leather and safety vests.

B. The City shall furnish regularly-assigned motorcycle officers the following items as initial issue. (1) safety helmet; (1) pair of boots; (2) pair of riding breeches, which are declared to be necessary for the safety of the officer as specified under Labor Code Section 6401 and Government Code Section 5008.1.

C. Replacements will be issued upon return of worn -out items. It shall be the duty of each employee to use normal diligence in their use and any willful damage or loss shall obligate the employee to replace the item at his/her expense. Upon reassignment or separation from the department, these items shall be returned to the City.

The City Director of Finance shall have direct control over the purchase, issue and replacement of the above -described items. The Chief shall certify in writing to the Director of Finance as to an individual’s entitlement.

Section 6 -- Replacing/Repairing Personal Property
The City shall continue to provide for the cost of replacing or repairing personal property of an employee, which is lost or damaged in the per formance of duty as provided in Department Director Letter (DDL) No. 33, Reimbursement or Repair of Lost or Damaged Items of Personal Property of City Employees, dated April 17, 1989, and revised August 29, 2003.

Section 7 -- Service Pins
Employees of the City of Sa n Bernardino shall be awarded service pins upon completion of each of the following period of years of continuous loyal service. 5 years
10 years
15 years
20 years
25 years and over
Years of service shall be deemed to include all continuous loyal employm ent for the City of San Bernardino.

Award of service pins for the above -designated service shall be made as soon as may be practicable after the employee has completed the required period of employment.

Service pins shall be of such design as approved by t he Mayor and Common Council of the City of San Bernardino and shall show the number of years of service for which the award is made and the City seal of the City of San Bernardino.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 17 ARTICLE V -- LEAVES
Section 1 -- Pre-Petition Leave Banks
The monetary value of all pre -petition leave bank accruals, including without limitation, vacation, sick leave, concession leave, and holiday leave, will be the subject of distribution as part of the bankruptcy unsecured creditors’ pool. All leave balances accrued on or before August 1, 2012 (P re-Petition Leave) shall be placed in the unsecured creditor pool and will not be available for cash -out (or the cash equivalent) by the SBPOA members. This position is consistent with the Recovery Plan adopted by the City Council on May 18, 2015. Under th e City’s Recovery Plan, all City employees are subject to these restrictions on pre-petition leaves.

With the exception of post -petition vacation accrual, all post -petition leave accruals will be deferred pending the final approval and effective date of a Plan of Adjustment by the Bankruptcy Court. Any agreement reached by the parties as to the implementation of this section will be memorialized in a side letter.

Section 2 -- Vacations
A. All employees within the bargaining unit covered by this MOU shall be entitled to annual paid vacations as follows.
*Service year begins on initial date of employment in a full-time regular status. **No vacation granted or accrued, if service is less than one year.

B. When an employee resigns or otherwise leaves the service of the City and has not used his earned post-petition vacation since his last anniversary date, payment shall be made to the employee for the earned portion of his vacation.

Vacation leave will continue to accrue in accordance with Section A (above). Prior to the final approv al and the effective date of the City’s Plan of Adjustment by the Bankruptcy court, all post -petition vacation accruals shall be paid in accordance with Resolution 2014 -158, adopted by the Mayor and Common Council on June 16, 2014.

Completed Years of Continuous
Service*
Rate of Accrual Per Pay
Period
Equivalent Hours Per Year
1 year** 3.0769 hours 80 hours
5 years 4.6153 hours 120 hours
15 years 6.1538 hours 160 hours
20 years 7.6923 hours 200 hours

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 18 Calculation of payment e arned vacation or deduction for unearned vacation upon termination shall be made in accordance with the wage rate in effect on the final day of employment.

C. When an employee returns to work after a break in “continuous service,” and when such break in continuous service shall have been by leave of absence with approval of the Mayor and Common Council, vacation time shall not accrue during such break in continuous service but shall accrue monthly from the date of return to service from such approved leave of absence, based upon the total length of service of the employee.

D. Whenever the terms “years or years of employment” appear herein, it shall be deemed to include all services for the City of San Bernardino.

E. If an employee leaves the City service prior to the completion of the year in which he/she used such leave, a deduction will be made from such employee’s final paycheck for the unearned portion of such vacation. Employees shall not be allowed to use unearned vacation time.

F. Vacation credits may accrue and accumulate for a maximum of two (2) years’ total accumulated vacation credits on a carryover basis from year to year. Vacations or portions thereof from any one year so accrued may run consecutively with vacations or portions thereof of the next succeeding year, subject to approval of the Chief.

G. Compensation for vacation other than for earned vacation at the time of termination of employment shall be limited to the amount normally earned during regularly assigned working time.

H. Once per year, members of the bargaining unit will be granted the option of selling up to one -quarter (1/4) of their post -petition vacation and holidays to the City . The Chief will approve or disapprove a member’s request for sellback. An eligible employee shall notify the City by August 1 of his/her request for sellback for the prior fiscal year ending June 30. The City shall compensate eligible employees on the first payday in September.

I. In the event that an employee is compensated for less than 50 percent of the total number of work hours in the pay period, he/she shall not accrue vacation hours for that period.

J. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of Article V, Section (2) I.

Section 3 -- Holidays
A. Employees shall be entitled to 10 City -designated holidays, the equivalent of 100 holiday hours each year, as listed below.

New Year’s Day
Memorial Day
Independence Day
Labor Day

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 19 Veteran’s Day (November 11)
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year’s Eve
Additionally, employees shall be entitled to one ten (10) hour floating holiday effective January 1 of each year. Only unit employees who have satisfactorily served in the employ of the City continuously for at least six (6) months in a f ull-time position shall be eligible to take floating holidays. Employees shall not be allowed to use unearned holiday time.

B. The Chief shall consider any request of any employee as to preference for taking floating holidays, provided however, the final righ t to allot the day to be observed is exclusively reserved to the Chief.

C. All full -time employees with the exception of those employees shown in the following paragraphs shall be allowed the above holidays at full pay when such holidays occur within the regular assigned working period, provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday . If it becomes necessary for employees to work on any of the City -designated holidays, ten (10) hours shall be placed in their holiday account.

D. Upon separation from the City, employees shall be paid for 80% of his/her current holiday account balance.

E. Holidays as listed above shall be allowed on Monday, if any such holiday falls on Sunday, and shall be allowed on the preceding Friday, if any such holiday falls on Saturday, for all employees except those covered by other provisions herein . If the Christmas and New Year holidays occur on Mondays, these holidays and the holiday eves will be observed on Mondays and Tuesdays.

F. Employees may accrue a maximum of 120 hours in their holiday bank.

Section 4 -- Sick Leave
A. Sick leave means absence from duty of an officer or employee because of illness or injury, exposure to contagious disease, attendance upon a member of his immediate family who is seriously ill or requires the care or attendance of an officer or employee, or death in the immediate family of the officer or employee. Immediate family means . husband; wife; grandmother; grandfather; mother; father; sister; brother; son; daughter; mother-in-law; father-in-law; sister-in- law; brother-in-law; daughter-in-law; or son-in-law.

B. Not more than one-half (1/2) of an employee’s annual sick leave accrual within any calendar year may be granted to an officer or employee for the care of or attendance upon members

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 20 of his immediate family . Not more than 40 hours of sick leave may be granted to an officer or employee for each absence due to death of a member of his immediate family as defined above.

C. No absence due to illness or injury in excess of 40 hours shall be approved except after the presentation of satisfactory evidence of illness or injury; and, a certificate from a practicing physician or an authorized practicing chiropractor approved by the Mayor and Common Council may be required by the Chief and shall be subject to his approval concerning said absence.

The Mayor and Common Council shall have the power to require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by the County Health Officer or other designated physician, and in the event of an adverse report, to reject such claim for sick leave in whole or in part, and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the Mayor and Common Council may terminate sick leave compensation and reject any claim therefor. The Mayor and Common Council shall have the right to require the presentation of a certificate from a practicing physician or the County Health Officer stating that an officer or employee is physically able to perform his work and duties satisfactorily before permitting an officer or employee who has been on sick leave to return to work.

D. In order to receive compensation while ab sent on sick leave, the employee shall notify his immediate superior or the station commander prior to the time set for beginning his daily duties, or as may be specified by the Chief. When the absence is for more than one work day, the employee may be required to file a physician’s certificate or a personal affidavit with the Director of Human Resources stating the cause of the absence.

E. Sick leave with pay shall be granted to all regular employees . Sick leave shall not be considered as a right, which an em ployee may use at his discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein.

F. Whenever an employee is compensated hereunder for sick leave and has not had a vacation at the end of the current calendar year, he shall be allowed to take his vacation in the calendar year he returns to duty.

G. Whenever the term “service of City” appears herein, it shall be deemed to include all service of the City of San Bernardino.

H. All full-time officers and employees of the City who are actively on duty, have been in the service of said City for six (6) months or more continuously, and who are compelled to be absent from their work on account of illness or injury other than that which is compensable under Article V, Section 6, Injury Leave, of this MOU, shall receive their full salary, wages or compensation for a period of one (1) day for each month of continuous service, provided that such salary, wages or compensation shall cease upon the exhaustion of all accumulated sick leave.

I. Sick leave accruals and payouts (Section 5 below) shall only include post -petition sick leave accrued after August 1, 2012. An employee may only accrue a maximum of 1040 hours of sick leave. Time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave shall not accumulate during periods of leave of absence without pay. Employees will not be allowed to use unearned sick leave.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 21 J. The 48 hours of sick leave gran ted after six (6) calendar months of continuous service as herein provided for all full -time employees shall be computed at the rate of approximately 4.0 hours per pay period. In the event that an employee works less than 50 percent of the total normal wor k hours in the pay period, he shall receive no sick leave benefit for such pay period and shall not be credited with the 4.0 hours of sick leave.

K. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only.

Section 5 -- Payment for Unused Sick Leave
A. All permanent employees or the estate of any such deceased employee who dies during employment shall be entitled to receive payment for unused post-petition sick leave, subject to the restrictions and conditions as set forth below.

B. Employees or the estate of any such deceased employee who dies during employment, after the completion of five (5) years of continuous full -time employment with the City, upon retirement, death or termination of employment, except through dismissal or resignation with prejudice, shall receive compensation of 50 percent of accumulated and unused post-petition sick leave. After 20 years of continuous service with the City of San Bernardino, compensation will be seventy-five percent (75 %) of all accumulated and unused post-petition sick leave.

C. For the purpose of this section, the “retirement” shall have the meaning ascribed to it and the definition therefore as set forth in Section 20060 of the Government Code.

D. Any conversion of sick leave resulting from industrial disability will be provided to an employee in accordance with applicable provisions of the Labor Code.

E. Each fiscal year an employee may elect to receive payment in lieu of accrued post- petition sick leave, provided such employee has used 32 hours or less of post -petition sick leave during the fiscal year ending June 30th.

1. An eligible employee shall notify the City by August 1st of his/her desire to receive such payment. The City shall compensate eligible employees on the first payday in September.

2. An employee receiving such pay shall receive at the then current salary rate pay for one-fourth (1/4) of the number of hours of post -petition sick leave accrued, less those hours used for the fiscal year per iod. The employee’s accrued post-petition sick leave shall be reduced by the number of post - petition sick leave hours for which pay is provided.

F. At the time of separation from service, any employee having fifteen (15) years of continuous service with the C ity of San Bernardino, may cash out up to 50% of unused post - petition sick leave . At the time of separation from service, any employee having 20 years of continuous service with the City of San Bernardino, may cash out up to 75% of unused post - petition sick leave.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 22 G. Subsections B and F above shall be interpreted to provide a payout of unused sick leave pursuant to the following schedule”
Years of Service Payment of Unused Sick Leave
Less than five (5) No payment of unused sick leave
Five (5) 50%, unless dismissed or resigned with prejudice Fifteen (15) 50%
Twenty (20) 75%
Section 6 -- Injury Leave
Employees will have a choice of doctor on work-related injury, in accordance with existing State Labor Code.

The parties understand that Association may submit the issue of the applicability of California Government Code Section 45010 as it pertains to City Resolution No. 6433, Section 6, for determination by way of an action for declaratory judgment to be filed in the San Bernardino County Superior Court. The City does not waive its defense that this issue has been decided in favor of the City by a binding decision of the Court of Appeal, nor does the City hereunder agree to pay any costs or expenses of the litigation.

When injury is sustained in the cours e and scope of employment with the City, said employee shall be compensated under the provisions of the Workers’ Compensation Insurance and Safety Act of California and not under the provisions of the MOU; provided that he/she shall be reimbursed pursuant to the provisions of California Labor Code Section 4850 during the first 365 days of disability, provided further that these payments may be terminated pursuant to the provisions of California Government Code Section 21023.6.

Employees who are receiving pa yments under Labor Code Section 4850 shall accrue vacation, sick leave and holiday credits during such absence from duty. When employees are off duty on injury leave and have not had a vacation at the end of the current year, they shall be allowed to take this vacation in the calendar year they return to duty.

The Parties further agree to meet and consult over an injury leave policy that minimally outlines non-industrial injuries being offered light duty assignments.

Section 7 -- Leave of Absence Without Pay
A. Leave of absence without pay is a temporary non-pay status and absence from duty granted at the request of the employee. The Mayor and Common Council may grant leave of absence without pay for a period not to exceed six (6) months, upon the positive recommendation of the Chief and the City Manager. Under justifiable conditions, said leave may be extended by the Mayor and Common Council for additional periods. A leave of absence without pay will be considered favorably if it is to be expected that the employee will return to duty and that at least one of the following benefits will result . increased job ability, protection or improvement of the employee’s health, retention of a desirable employee or furtherance of a program in the interest of the City. Examples or conditions for which a leave of absence without pay may be granted are.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 23 1. For an employee who is a disabled veteran requiring medical treatment.

2. For an employee who is temporarily mentally or physically unable to perform his duties.

3. For an employee who files for or assumes elected office.

4. For maternity or paternity leave, upon the recommendation of the attending physician.

5. For military leave when the employee has less than one (1) year of service to qualify for leave with pay.

B. An approved leave of absenc e without pay for less than 60 days in any calendar year will not be considered a break in service. Leave in excess of 60 days shall result in the advancement of the employee’s anniversary date and compensation advancement date to such date as will account for the total period of uncompensated time off. Failure to return to duty at the expiration of the approved leave of absence without pay shall constitute an automatic resignation.

C. The City’s contribution towards an employee’s health and life insurance premiums will not be extended beyond the last day of the month in which the absence without pay begins if the leave of absence without pay becomes effective during the first 15 days of the month, nor beyond the last day of the next succeeding month if the lea ve of absence without pay becomes effective after the 15th day of the month, unless the employee is returned to work from leave of absence without pay status prior to the date the City’s contribution would be discontinued. In the event the employee desires to maintain full health and life insurance coverage while on leave of absence without pay status, he may arrange to pay the insurance premiums for the coverage desired (both the employee and the employer portions). It is the responsibility of the employee to contact the payroll section in this regard. The payment of the amount of the premiums must be made to the payroll section prior to the date on which the City’s participation will terminate. Payments must be made monthly thereafter until the employee either returns to work or his employment with the City is terminated.

D. Upon an employee’s return to work, the City’s contribution towards the employee’s health and life insurance premiums will begin on the first day of the month following the end of the leave of absence without pay if that leave of absence without pay terminates between the 1st and 15th days of the month, or on the 15t day of the next succeeding month if the leave of absence without pay terminates after the 15th day of the month.

E. Notwithstanding any other provision of this section to the contrary, the City will continue its contribution for health and life insurance premiums of an employee on leave of absence due to any injury or illness arising out of and in the course of his or her employment with the City.

F. In circumstances in which either the Federal Family Leave Act or the State Medical and Family Leave Act apply, the City shall adhere to the requirements of the Acts.

Section 8 -- Military Leave

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 24 A. An employee who shall enter the Armed Forces of the United States during war or national emergency as declared by the President or the Congress of the United States shall be entitled to leave of absence without pay during such service and for a period of 90 days thereafter.

Every such employee and/or officer returning to the City within the time herein specified, and who has been honorably discharged from such service shall be reinstated without loss of status or seniority, provided they are not physically or mentally incapacitated from performing the duties of said office or position.

B. Compensation of employees on temporary military leave of absence is found in Military & Veterans Code Section 395.01, which currently provides in part as follows. “Any public employee who is on temporary military leave of absence and who has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the day on which the absence begins shall be entitled to receive his salary or compensation as such publi c employee for the first 30 calendar days of any such absence. Pay for such purposes shall not exceed 30 days in any one fiscal year. For the purposes of this section in determining the one year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency service.” C. All persons appointed to fill such position during war or such national emergency shall be temporary appointees only.

D. In the event of circumstances, which require reserve “call -up,” the City will meet and confer with the POA over the impact of the call-up on unit members.

ARTICLE VI -- WORKING CONDITIONS
Section 1 -- Work Schedules
The standard workday represents the tour of duty for which an employee is regularly scheduled for work during a 24-hour period commencing from the start of the employee’s assigned shift. A regularly scheduled tour of duty, which commences before midnight and ends the following day, shall be reported for payroll purposes as time worked for the day in which the tour of duty began.

Work schedules shall be as defined herein, except as otherwise provided for A. 5/40 Work Schedule. The 5/40 work schedule shall consist of a 40-hour workweek consisting of five (5), eight - (8) hour workdays, exclusive of any meal periods assigned by management.

B. 9/80 Work Schedule. The 9/80 work schedule shall consist of 80 work hours in a two (2) week period, consisting of eight (8), nine - (9) hour work days and one (1), eight (8) hour work day, exclusive of any meal periods assigned by management.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 25 C. 4/10 Work Schedule. The 4/10 work schedule shall consist of a 40-hour workweek consisting of four (4), ten - (10) hour workdays, exclusive of any meal periods assigned by management.

Since the four-day, ten-hours-per-day plan (4/10) has been a successful method of operation in the Patrol Division, it shall continue with exceptions of special details within that Division.

A. Work Schedule Adjustment. It is recognized that during the term of this agreement, it may be necessary for management to make change s in the work schedule to meet the needs of the service, based on the results of a management audit and/or other circumstances that may arise.

Any shift schedule changes are subject to the meet and confer process. Except for emergencies or in case of special needs where management finds it necessary to make such changes, it shall notify the Association indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the unit and where the Association requests to meet with management, the parties shall expeditiously undertake to consult, as provided by Section 350 et. Seq., of the California Government Code regarding the impact the change would have on the employees of the unit.

In cases of special needs where it would be advantageous to make temporary changes to the regularly assigned shift of some personnel, the Department will make a good faith attempt to give one (1) week advance notice to the affected employee(s). The Department will not make special needs changes that result in the disruption of consecutive work days. It is recognized that it may be necessary for management to make unscheduled temporary changes to regularly assigned shifts based on emergencies or matters of public safety.

B. Lunch Hours. Only officers in Patrol will be allowed to take paid meal breaks.

Section 2 -- Shift Change
Subject to authorization of the Chief, Assistant Chief, Captain, Area Commander or Station Commander, employees in the unit should be allowed to exchange time with other employees of equal rank on the following basis.

A. Time exchanged shall be with equal rank and be agreeable with both parties and shall be requested in a memo signed by both employees.

B. The time exchange requested shall be initiated with the immediate supervisor of the employee requesting the exchange.

C. Time exchanged may be by one standard workday or by a half (1/2) standard workday.

D. Time exchanged shall be repaid by one standard workday or by a half (1/2) standard workday, within a seven- (7) day period.

E. Since this is done for the convenience of the employee, in no case shall a shift exchange or repayment of a shift exchange be considered in computation of overtime.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 26 Section 3 -- Probationary Period
The probationary period for positions in this unit shall be 12 months from the date of hire.

Section 4 -- Seniority
Seniority is herein defined to be an employee’s length of service with no break in service within the Police Department and/or classification in which the employee is presently assigned.

The department may consider seniority in vacation scheduling, shift assignments and transfers within classification.

Section 5 -- Reemployment
An employee who has terminated City employment and who is subsequently rehired in the same classification in a regular position within a 90 -day period may receive restoration of salary step. Seniority shall begin anew as of the rehire date. All other authorized benefits shall accrue as of the date of rehire.

Section 6 -- Physical Examinations
The City shall pay medical fees for the physical examination of any police officer when such examination is required and directed by the City.

ARTICLE VII -- GENERAL PROVISIONS
Section 1 -- Term
The Term of this Agreement shall be five (5) years, commencing on July 1, 2020 through June 30, 2025.

Section 2 -- Notice of Intent to Reopen
Commencing on January 1, 2020, either Party may submit to the other, a written request to bargain for a successor agreement, including a list of proposals on economic or non -economic issues.

Section 3 -- Housing Incentives
During the term of this Agreement, the City shall provide HUD housing incentives to officers wishing to purchase homes within the City of San Bernardino (“Community Revitalization Program”). Such incentives shall represent a 50% discount from the list price of the home. All participants in this program must commit to live in the property for three (3) years. The City shall provide to the SBPOA a summary of the terms of this Community Revitalization Program.

Section 4 -- Recruitment Obligations
The City and the SBPOA acknowledge that there has been significant attrition of police safety members and that coming to an agreement on the essential terms and conditions of employment is the first step in stabilizing the San Bernardino Police Department. In recognition

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 27 of the need to rebuild the Department, the SBPOA agrees that, as a condition of an agreement to the economic terms, it will actively participate in the formulation and implementation of an aggressive recruitment campaign to attract new hires and lateral police officers.

Section 5 -- Per Diem/Reimbursement Policy
The City and the unit agree to meet and consult over an expense reimbursement policy that minimally outlines when and how expenses are approved, who approves, how expenses are submitted, the deadline for submitting an expense, and how they are paid.

The City shall pay employees per diem rates for authorized travel and lodging related to attendance at schools, training, and other approved work related duties. Per diem rates will include meals and mileage to be determined by location and destination of the school or business attended and in accordance with the guidelines the U.S. General Services Adminis tration. The rates are periodically updated and are set by the destination / location of the school or business location being attended. The current rate information can be found at www.qsa.qov. No receipts will be required for the per diem. And all requests must be submitted within 45 days upon completion of the authorized travel.

The City of San Bernardino will arrange for and pay the employee’s lodging expenses.

Lodging receipts will be submitted to the City by the travelling employee. Additional expense s (such as parking, rental vehicles, ancillary duty costs) will be reimbursed by the City of San Bernardino upon the employee submitting receipts for such job related costs. Requirements for receiving reimbursement for these expenses will be provided in th e City of San Bernardino’s Department/Director Letter, No. 32.

Section 6 -- Severability
If any provision of the MOU is held by the proper legislative or judicial authority to be unlawful, unenforceable, unconstitutional or not in accordan ce with applicable statutes or not applicable to Charter cities, all other provisions of the MOU shall remain in full force and effect for the duration of this MOU. If there is any conflict between the provisions of this MOU and the provisions of federal, state, or local government regulations, the provisions of the federal, state or local government regulations shall be controlling. Upon the issuance of a decision declaring any article, section or portion of this MOU to be unlawful, unenforceable, unconsti tutional or not applicable to Charter cities, the parties agree to meet and confer immediately concerning only those articles, sections, and portions.

Section 7 -- Waiver Clause
The City and the Association for the life of the M0U each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered by this MOU.

Section 8 -- Prevailing Benefits

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 28 All benefits, privileges and working conditions authorized for the employees at the present time, which are not included in this MOU shall remain in full force during the term of this MOU, unless changed by mutual consent.

Section 9 -- Dispute Resolution
The Parties acknowledge that there are terms and conditions set forth above which may not be resolved by mutual agreement. The Parties agrees that in the event any disputes cannot be resolved, such disputes shall be submitted to the Honorable Judge Gregg Zive for resolution.

REFERENCES
During the term of this Memorandum of Understanding (MOU), the attached Resolution and Department/Director Letters (DDL) may be modified. Official documents will be located in the City Manager’s Office.

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San 29 POLICE SAFETY EMPLOYEES’

MEMORANDUM OF UNDERSTANDING
2020-2025
___________________________________
Robert D. Field, City Manager
City of San Bernardino
_____________________________________
Brian Lewis, President
San Bernardino Police Officers’ Association
ATTEST:
__________________________________
Genoveva Rocha, City Clerk
Approved as to form:
___________________________________
Sonia Carvalho, City Attorney

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Attachment: Attachment 3 - SBPOA Memorandum of Understanding (2020-2025) (8795 : Side Letter Agreement Between the City and San Resolution No. 2018- 287
RESOLUTION NO. 2018- 287

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ADDING A SIDE LETTER AGREEMENT TO THE

MEMORANDUM OF UNDERSTANDING ( MOU)

BETWEEN THE CITY OF SAN BERNARDINO POLICE

OFFICERS ASSOCIATION ( SBPOA) TO INCLUDE
ARTICLE IH — COMPENSATION: SECTION 9 —

ASSISTANT WATCH COMMANDER
WHEREAS, the Mayor and City Council adoptedResolution No. 2015-173, approving a settlement agreementwith the San Bernardino Police Officers Association ( SBPOA) including Article Ill Compensation Section 9 — Lead Supervisor being eliminated from the Police Safety Memorandum of Understanding ( MOU) effective July 1, 2015; and WHEREAS, by removing the provision from the MOU, the special compensation for lead supervisor assignment such as the assistant watch commander no longer meets the California Public Employees' Retirement System ( CalPERS) special compensation requirements under California Code of Regulations ( C. C. R.) section 571; and WHEREAS, the assistant watch commander assignment is a crucial component for smooth operations of the Police Department; and
WHEREAS, a side letter agreement with SBPOA and the City was tentatively agreed upon andwill be finalized upon approval of its terms by City Council.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The aboverecitals aretrue and correct and are incorporated herein by this reference.

SECTION 2. Resolution No. 287 approving the side letter agreement with the San Bernardino Police Officers Association ( SBPOA) to add Article III — Compensation: Section 9 — Assistant Watch Commander to the current Police Safety Memorandum of Understanding MOU) hereby adopted.

SECTION 3. Sergeants assigned into the assistant watch commander position will receive a $500/month special compensation amount that will meet California Public Employees' Retirement System ( CalPERS) special compensation requirements under California Code of Regulations ( C. C. R.) section 571.

SECTION 4. The City Council finds this Resolution is not subject to the California EnvironmentalQualityAct (CEQA) in thattheactivity is coveredby thegeneralrulethatCEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it canbe seenwith certainty, asin this case, that there is no possibility that

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Attachment: Attachment 4 - Resolution No. 2018-287 [Revision 1] (8795 : Side Letter Agreement Between the City and San Bernardino Police Resolution No. 2018- 287
the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstanceis held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. This Resolution shall become effective December 19, 2018.

APPROVED and ADOPTED by the City Council and signedby the Mayor and attested bytheCityClerkthi,, ISPdayofDecember2018-A , n
John Valdivia, Mayor
City of San Bernardino
Attest:

Georgeann arena, MMC, City Clerk
Approved as to form:

Gary D. Saenz, mey

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Attachment: Attachment 4 - Resolution No. 2018-287 [Revision 1] (8795 : Side Letter Agreement Between the City and San Bernardino Police Resolution No. 2018- 287

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO)
I, GeorgeannHanna, MMC, City Clerk, hereby certify that the attachedis a true copy of Resolution No. 2018-287 adoptedat a regular meeting held at the 19' h
day of December 2018 by
the following vote:

Council Members: AYES NAYS

SANCHEZ X
IBARRA ly
VACANT

SHORETT
NICKEL

RICHARD

MULVIHILL

ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 19' h
day of December
2018.

Georgeannflanna, MMC, CityClerk

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Attachment: Attachment 4 - Resolution No. 2018-287 [Revision 1] (8795 : Side Letter Agreement Between the City and San Bernardino Police RESOLUTION NO. 2020-132

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING A SIDE LETTER AGREEMENT TO THE

MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF SAN BERNARDINO AND THE

SAN BERNARDINO POLICE OFFICERS ASSOCIATION
(SBPOA) AMENDING ARTICLE VI WORKING
CONDITIONS, SECTION 1 WORK SCHEDULES AND
ARTICLE III COMPENSATION, SECTION 3 OVERTIME,
EFFECTIVE THE FIRST 28-DAY WORK PERIOD

FOLLOWING CITY COUNCIL APPROVAL
WHEREAS, on August 7, 2015, the Mayor and City Council adopted Resolution No. 2015-173, approving a settlement agreement with the San Bernardino Police Officers Association (SBPOA); and
WHEREAS, to provide for a greater work-life balance to employees assigned to patrol, the SBPOA requested consideration for a 3/12.5 work schedule; and WHEREAS, the City and the SBPOA met and conferred in good faith and reached a tentative agreement to amend the Memorandum of Understanding.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Manager is hereby authorized to execute the Side Letter Agreement attached hereto and incorporated herein, marked as Exhibit A SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective the first full 28-day work period following adoption.

Resolution No. 2020-132
June 17, 2020

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Attachment: Attachment 5 - Resolution No. 2020-132 (8795 : Side Letter Agreement Between the City and San Bernardino Police Officers APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 17th day of June 2020.

Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
f P _,-
/ ~ P
f Sonia Cruvalho, Cit ><.M omey
Resolution No. 2020-132
June 17, 2020

John Valdivia, Mayor
City of San Bernardino

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Attachment: Attachment 5 - Resolution No. 2020-132 (8795 : Side Letter Agreement Between the City and San Bernardino Police Officers

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-132 , adopted at a regular meeting held on the 17th day of June 2020 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ x
IBARRA x
FIGUEROA x
SHORETT _..K_
NICKEL x
RICHARD x
MULVIHILL _x_
WITNESS my hand and official seal of the City of S~ardino this 1 s• day of June 2020. ~~tkn
Resolution No. 2020-132
June 17, 2020
Page3of3
I_./ ' --= Genoveva Rocha, CMC, Acting City Clerk

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Attachment: Attachment 5 - Resolution No. 2020-132 (8795 : Side Letter Agreement Between the City and San Bernardino Police Officers

EXHIBIT A

SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND THE SAN BERNARDINO POLICE OFFICERS' ASSOCIATION ("ASSOCIATION")
The City and the Association hereby agree to a modification of the terms and conditions set forth in the Memorandum of Understanding (2015-2020) between the City and the Association (hereinafter referred to as "MOU") as follows:

1. Article VI, Section 1, Subsection C of the MOU shall be revised to read as follows::
3/12.5 and 4/10 Work Schedules:

The Parties have agreed to implement a "blended schedule" for employees assigned to patrol whereby some employees will work a 3/12.5 weekly work schedule and others will work a 4/10 weekly work schedule.
• Those employees assigned to work a 3/12.5 weekly work schedule shall work three consecutive days of 12.5 hours each, inclusive of rest breaks and a paid 30- minute meal period. During each 28-day work period, employees assigned to work the 3/12.5 weekly work schedule shall also be scheduled to work one 10- hour work shift, inclusive of rest breaks and a paid 30-minute meal period. The

12.5-hour shifts shall be scheduled for Friday, Saturday, and Sunday of each week. The 10-hour shift will generally be scheduled for a Thursday so that it will be adjacent to a 12.5-hour shift, but exceptions may be made to schedule the 10-hour shift for other days in order to accomplish Department-wide training or due to special assignments. The Parties agree to develop policies governing the interaction between the 3/12.5 weekly work schedule and extended training of three days or more, and other issues that may arise.
• Those employees assigned to work a 4/10 weekly work schedule will work four consecutive days of 10 hours each, inclusive of rest breaks and a paid 30-minute meal period. The weekly schedule for employees assigned to work this shift shall be either Monday through Thursday or Tuesday through Friday.

2. Article III, Section 3, Subsection B of the MOU shall be revised to read as follows:

Definition:

Overtime is defined as all compensable hours in excess of the regularly scheduled workday or 40 hours per week. All overtime shall be reported in increments of 15 minutes and is non-accumulative and non-payable when incurred in units ofless than 15 minutes.

Notwithstanding the above, for those employees assigned to work a 3/12.5 weekly work schedule, overtime shall be defined as:

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EXHIBIT A
• All compensable hours in excess of 160 hours in a 28-day work period, hereby adopted in accordance with Section 7(k) of the Fair Labor Standards Act, or • All compensable hours in excess of an employee's regularly scheduled workday except that in those weeks in which the employee is scheduled to work the 10- hour shift, overtime shall be paid for compensable hours in excess of 4 7 .5 hours.

For payroll purposes, employees assigned to work a 3/12.5 weekly work schedule will be paid bi-weekly, with the 28-day work period will being divided into two 14-calendar day pay periods: one pay period shall include 75 scheduled hours and the other 14-day calendar day pay period shall include 85 scheduled hours. \;j

3. This Side Letter Agreement shall become effective the first full 28-day work period following City Council approval.

4. All other terms and conditions of the MOU will remain the same.

Date: &-jg r- ..:YO AJ

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Attachment: Attachment 5 - Resolution No. 2020-132 (8795 : Side Letter Agreement Between the City and San Bernardino Police Officers

Consent Calendar

City of San Bernardino
Request for Council Action

Date: March 2, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Rolland Kornblau, Director of IT

Subject: Resolution Requesting Authorization to Move Spectrum to 10GB Speed (All Wards)

Recommendation
Adopt Resolution No. 2022 -44 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an Enterprise Service Agreement with Spectrum increasing the internet speed from 1GB to 10GB for both City Hall and the Police Department, in an amount not to exceed $7,480 per month total.

Background
The City of San Bernardino currently has a 1GB Internet Connection with Spectrum.

The City of San Bernardino is preparing for new Software that needs a more robust Internet connection; therefore, the City of San Bernardino would like to increase the Internet speed from 1GB to 10GB.

Discussion
The City currently uses Spectrum Internet at City H all and the Police Department with 1GB speed. Due to plans to enhance software and cloud services within the City, moving to a 10GB speed will improve access and speed to all services.

2021-2025 Strategic Targets and Goals
Increasing Internet Speed to 10 GB aligns with Key Target No. 2b: Focused, Aligned Leadership and Unified Community - Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness

Fiscal Impact
The fiscal impact associated with moving Spectrum from 1GB to 10GB speed is $89,760 per year for both City Hall and the Police Department. Funds are available in the IT operating budget for FY 2021/22.

Conclusion
It is recommended that the Mayor and City Cou ncil of the City of San Bernardino, California, adopt Resolution No. 2022 -44 authorizing the City Manager to execute an Enterprise Service Agreement with Spectrum, increasing the internet speed from 1GB 7 Packet Pg. 242
8792

to 10GB for both City Hall and the Police Department, in an amount not to exceed $7,480 per month total.

Attachments
Attachment 1 Resolution 2022-44
Attachment 2 Resolution 2022-44; Exhibit A - Spectrum Agreement Attachment 3 10 Gig Service Order 01242022

Ward: All

Synopsis of Previous Council Actions:

April 11, 2018 Mayor and City Council adopted Resolution No. 2018-44, approving an agreement with Smith Services.
7 Packet Pg. 243
Resolution No. 2022-44

Resolution 2022-44
March 2, 2022

RESOLUTION NO. 2022-44

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE AN

ENTERPRISE SERVICE AGREEMENT WITH SPECTRUM
INCREASING THE INTERNET SPEED FROM 1GB TO
10GB FOR BOTH CITY HALL AND THE POLICE
DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $7,480

PER MONTH TOTAL

WHEREAS, on December 30, 2021, Spectrum submitted a quote to increase the internet speed City of San Bernardino City Hall and Police Department to 10GB; and WHEREAS, the City of San Bernardino currently has 1GB, but 10GB is needed for new Cloud hosted software the City is currently reviewing; and WHEREAS, the City of San Bernardino now wishes to enter into an Enterprise Service Agreement with Spectrum to increase the internet speed at two City facilities.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council hereby authorize the City Manager to execute an Enterprise Service Agreement, attached hereto as Exhibit “A,” with Spectrum in an amount not-to-exceed $7,480 per month.

SECTION 3. The Mayor and City Council finds this Resolution is not subject to t he California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to t5is end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

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Attachment: Attachment 1 - Resolution 2022-44 Requesting Authorization to Move Spectrum to 10GB Speed [Revision 1] (8792 : Resolution Resolution No. 2022-44

Resolution 2022-44
March 2, 2022

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of March 2022.

John Valdivia, Mayor
City of San Bernardino

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Attachment: Attachment 1 - Resolution 2022-44 Requesting Authorization to Move Spectrum to 10GB Speed [Revision 1] (8792 : Resolution Resolution No. 2022-44

Resolution 2022-44
March 2, 2022

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-44, adopted at a regular meeting held on the 2nd day of March 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______

WITNESS my hand and official seal of the City of San Bernardino this 3rd day of March 2022.

Genoveva Rocha, CMC, City Clerk

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Attachment: Attachment 1 - Resolution 2022-44 Requesting Authorization to Move Spectrum to 10GB Speed [Revision 1] (8792 : Resolution

Enterprise Service Agreement v 2100809 Page 1 of 37
2016-2021 Charter Communications, all rights reserved

SPECTRUM ENTERPRISE SERVICE AGREEMENT

The customer identified below (“Customer”) hereby acknowledges and agrees to the Commercial Terms of Service attached hereto (“Terms of Service”) with respect to any service order(s) placed by Customer and accepted by Spectrum hereafter (each, a “ Service Order”), which together with this agreement constitute the “ Service Agreement” by and between the Customer and Charter Communications Operating, LL C on behalf of those operating subsidiaries providing the services hereunder (“Spectrum”).

Agreement
BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT: (1) CUSTOMER

ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION SECTION

THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO

ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY AND TO BRING CLAIMS AS CLASS ACTIONS.

Authorized Signature for Customer Charter Communications Operating, LLC By: Charter Communications, Inc., its Manager
By: By:

Name: Name:

Title: Title:

Date: Date:

Spectrum Sales Support Contact Information
Spectrum Account Executive: Wayne Gilchrist
Office: 760-674-5543 Mobile: 760-289- 9703
Email: [email protected]
Customer Information
Customer Name (Exact Legal Name): City of San Bernardino Street Address: 290 N. D St. Suite: City: San Bernardino State: CA Zip: 92418 Customer’s Main Tel. No.: 909-384-7272 Fax. No.:

Customer Contact Name: Precious Carter E-mail: [email protected] Tel No: (909) 384-5086 Billing Address: 290 N. D St. Suite: City: San Bernardino State: CA Zip: 92418 Billing Contact Name: Denise Martinez E-mail: [email protected] Tel No: (909) 384-7272

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Enterprise Service Agreement v 2100809 Page 2 of 37
2016-2021 Charter Communications, all rights reserved

COMMERCIAL TERMS OF SERVICE
These Terms of Service include all Attachments hereto (“ Attachment(s)”), and all other documents identified hereunder, each of which are incorporated herein by reference. The Attachments further describe Spectrum’s services (each a “Service” or collectively the “Services”) and set forth additional terms and conditions for the applicable Service. Spectrum and Customer may each be referred to as a “Party” or collectively as the “Parties.” Unless specifically set forth in any Attachment, capitalized terms shall have the meanings set forth in this Service Agreement.

GENERAL

1. SERVICE AGREEMENT TE RM. The Service Agreement shall be effective upon the earlier to occur of (a) the latest date of the signatures of the Parties; or (b) Spectrum’s commencement of performance (the “ Effective Date”). The Service Agreement shall remain in effect until the expiration or proper termination of the final existing Service Order entered into under this Service Agreement (the “Term”).

2. SERVICES. Customer shall request Services hereunder by submitting orders in a manner required by Spectrum.

All submitted Service Orders are subject to approval and acceptance by Spectrum. Upon Spectrum’s acceptance of a Service Order, as indicated either by: (a) Spectrum’s written acceptance, (b) by Spectrum’s delivery of the Services, or (c) commencement of installation, such Service Order shall be deemed incorporated into th e Service Agreement. Spectrum shall provide the Services to Customer at the Service addres s(es) specified in the applicable Service Order (“ Service Location(s)”).

3. ORDER TERM. The “Initial Order Term” is the time period starting on the date the Services are functional in all material respects and available for use (the “Billing Start Date”), and continuing for the period of time specified in the Service Order(s). If no Initial Order Term is specified in a Service Order, the Initial Order Term is twelve (12) months from the Billing Start Date. Upon expiration of the Initial Order Term, the applicable Service Order shall automatically renew for successive one-month terms (each a “ Renewal Order Term”, collectively with the Initial Order Term, the “ Order Term”), unless either Spectrum or Customer elects to not renew the Service Order by notice p rovided to the other at least thirty (30) days in advance of the expiration of the then-current Order Term.

4. AVAILABILITY OF FACI LITIES. Customer understands that certain Services , or certain features, may not be available in all Spectrum service areas, may change from time to time and Spectrum may decline to provide any requested Services. Spectrum’s ability to provide Services depends upon its ability to secure and retain, without additional expense, suitable facilities, third party connections, and rights to construct and maintain necessary facilities such as pole attachments and conduits to serve the Service Location. If Spectrum is unable to secure and retain such items in accordance with the foregoing, Spectrum may decline to accept or cancel a Service Order upon notice to Customer in accordance with Section 5(f). Spectrum may act as Customer's agent for ordering access connection facilities provided by other providers or entities when authorized by Customer to allow connection of a Service Location to the Network.

5. SERVICE LOCATION ACCESS AND INSTALLATION.
(a) Access. Spectrum requires reasonable access to each Service Location at any time throughout the Term as necessary for Spectrum to provide the Services and to review, install, inspect, maint ain, repair, or remove any Spectrum - provided cabling, modems, related splitters, routers or other equipment (“ Spectrum Equipment ”) used to provide the Services. If Customer owns or controls the Service Location(s), Customer hereby grants Spectrum permission to enter the Service Location(s) in order for Spectrum to fulfill its obligations and exercise its rights under the Service Agreement. If a Service Location is not owned or controlled by Customer, Customer will obtain, with Spectrum's reasonable assist ance, appropriate right of access. If such right of access for Spectrum is not obtained by either Party, then Spectrum may decline Customer’s request for Services, or terminate or amend the affected Service Order with respect to the Service Location that Spectrum cannot access, without any liability to Customer. (b) Installation Review. Spectrum may perform , either before or after acceptance of a Service Order, an installation review (including a review of Customer’s inside wiring) of each proposed Service Location prior to installation of the Services to determine the serviceability of such network location and/ or the need to extend Spectrum’s facilities, fiber optic cable, electronics, or other equipment (collectively, the “ Network”) to provide the Services at the Service Location. If during the installation review, review of available facilities and access , site preparation, or installation activities described herein, Spectrum determines that additional work is required to enable Spectrum to deli ver the Services to the Service Location, Spectrum will notify Customer of any additional Service Charges (as defined below) in excess of the amounts previously specified in a quote or Service Order. Upon request, Customer shall provide Spectrum with accu rate site and/or physical network diagrams or maps of a Service Location, including electrical and other utility service maps.

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Enterprise Service Agreement v 2100809 Page 3 of 37
2016-2021 Charter Communications, all rights reserved
(c) Site Preparation. Customer shall be responsible for necessary preparations at the Service Location(s) for delivery and installation of Spectrum Equipment and the installation and ongoing provision of Services, including the relocation of Customer’s equipment, furniture, and furnishings as necessary to access the Spectrum Equipment or Services. In addition, Customer shall provide Spectrum with floor space, rack space, other space, inside wiring, and clean power all as is reasonably necessary for the installation , operation, and delivery of Spectrum Equipment and Services at the Service Location(s). Customer shall not charge Spectrum, and shall ensure that Spectrum does not incur, any fees or expenses whatsoever in connection with Customer’s provision of space, po wer, inside wiring, or access as described herein, or otherwise in connection with Customer’s performance of its obligations pursuant to this section; and any such fees or expenses charged by any other end user accessing or using the Services (“End User”) shall be borne solely by Customer.

Any failure or refusal by Customer to be ready to receive Services does not release Customer from its obligation to pay Service Charges for any Services that would otherwise be available for Customer’s use. (d) Installation. Spectrum will schedule one or more installation visits with Customer. At the Customer’s request, Spectrum may perform installation or maintenance on weekends or times other than during normal business hours; provided, however, Customer may be assessed reasonable, additional Service Charges based on Spectrum’s actual incurred labor, material or other costs for such non -routine installation or maintenance. Customer’s authorized representative must be present during installation.

If Spectrum is unable to install the Service as a result of (i) Customer’s (or any End User’s) failure to deliver any required materials, support or information to Spectrum; (ii) Customer’s (or any End User’s) failure to provide access to a Service Location; or (iii) Spectrum’s inability to obtain access to equipment at the Service Location as necessary for installation of the Service, or (iv) Customer’s Equipment (as defined herein) being inadequate to interconnect with the Services, then Customer shall pay Spectrum a Service Charge at Spectrum’s then prevailing rates for any installation trip made by Spectrum and an additional Service Charge for each subsequent trip necessary to perform the Service installation. In addition, if Spectrum’s installation of the Service is delayed as a result of Customer’s actions or inactions as set forth above or if Customer is otherwise refusing or not ready to receive Services, then Spectrum will notify Customer that Spectrum is ready to finalize installation of the Services (the “Ready Notice ”) and may begin invoicing Service Charges as set forth in Section 7 upon the earlier of the Billing Start Date or sixty (60) days after the date of the Ready Notice.

Customer shall perform interconnection of the Services and Spectrum Equipment with any Customer- provided or End User equipment (collectively, “Customer Equipment”), unless otherwise set forth in an Attachment or agreed in writing between the Parties, and shall conform its Customer Equipment and software, and ensure that each End User conforms its equipment and software, to the technical specifications for the Service provided by Spectrum. (e) Spectrum shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from excavation and for those damages dire ctly caused by Spectrum’s faulty workmanship or installation of the Service, provided that the boring of holes or insertion of fasteners through the surface of walls for attachment of peripheral equipment will not be deemed damages but rather part of normal workmanship. If the installation and maintenance of Services at the Service Locations is or becomes, in Spectrum’s sole opinion, hazardous or dangerous to Spectrum’s employees or Network, the public, or property, including without limitation due to the presence of asbestos or other hazardous materials, Spectrum may refuse to install and maintain such Service or stop providing Services until such time as the condition is remedied or an alternative Service Location is designated that is not hazardous or dangerous. Customer shall bear any additional costs incurred by Spectrum arising from any such hazardous or dangerous conditions.

(f) Service Order Revisions and Cancellations. If, either before or after a Service Order is executed, or during the course of this Agreement, Spectrum determines that: (i) there is a lack of available service as detailed in Section 4, or the criteria outlined in Section 5 are not met; (ii) additional work is necessary to enable Spectrum to deliver the Services to the Service Location ; (iii) access, transmission medium, equipment, adequate transmission capacity, services from or interconnection with the services or facilities of other providers, would require an additional cost or are unavailable; (iv ) Customer’s inside wiring is causing signal leakage which violates the Federal Communications Commission’s guidelines; or (v) there is any o ther cause beyond Spectrum’s control that causes an adverse effect on Spectrum’s ability to provide the Service , then Spectrum may, at Spectrum’s sole discretion, either decline to accept or cancel a Service Order.

Alternatively, Spectrum will notify Customer of any additional Service Charges in excess of the amounts previously specified in a quote or Service Order. If Spectrum notifies Customer that additional Service Charges will apply and if Customer does not agree to pay such Service Charges by executing a revised Service Order within five (5) business days of receiving the same, Customer and Spectrum shall each have the right to cancel the applicable Service Order or, if no Service Order has been executed, Spectrum has the right to decline to accept a pending Service Order.

6. EQUIPMENT.
(a) Equipment Responsibilities and Safeguards. Spectrum shall use commercially reasonable efforts to maintain and secure the Spectrum Equipment used by Spectrum to provide Services to Customer. Except as otherwise provided in this Service Agreement or any Service Order(s), Customer shall be responsibl e for the maintenance or repair of any cable, electronics, structures, equipment, or materials owned or provided by Customer. Customer shall not, and shall not cause any third party to, move, modify, disturb, alter, remove, relocate to another Service Location, install software on the Spectrum

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Enterprise Service Agreement v 2100809 Page 4 of 37
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Equipment not provided by Spectrum, or otherwise tamper with any portion of the Spectrum Equipment without the prior consent of Spectrum. Customer shall be responsible for loss or damage to the Spectrum Equipment wh ile at Customer's or an End User’s facilities. Customer shall also ensure that all Spectrum Equipment at Customer’s and End Users’ Service Location(s) remains free and clear of all liens and encumbrances.

(b) Customer Security Responsibilities . Customer sh all be responsible for all access to and use of the Service, including whether or not Customer has knowledge of or authorizes such access or use. Customer shall be responsible for the implementation of reasonable security measures and procedures with resp ect to use of and access to the Service Location, Service, and Spectrum Equipment. Customer shall secure and maintain any and all Customer Equipment, including, but not limited to, Private Branch Exchanges (including other non-Spectrum switches, collectively, “PBXs”), where applicable, and any applications accessible through use of Customer Equipment, and shall be solely responsible for any conduct through and any charges incurred on Customer’s Service account, regardless of whether such activity or charge s are authorized by Customer management or involve fraudulent activity until such time as Customer informs Spectrum of any fraudulent or unauthorized access. Without limiting Customer’s responsibilities, Spectrum has the right to implement reasonable measures to track, manage, and secure the connection between any Customer Equipment or applications used by Customer, End Users, or any third party who accesses the Customer Equipment and the Spectrum Network, including without limitation authentication or oth er security access procedures. Spectrum may suspend any affected Services if Spectrum discovers or becomes aware of any breach or compromise of the security of any Customer Equipment, Service, Service Location, Spectrum Equipment, or connection to the Spectrum Network. (c) Equipment Return, Retrieval, Repair, and Replacement. Upon termination or expiration of this Service Agreement or Service Order(s) (“ Termination”): Customer shall immediately cease all use of and promptly return, if applicable, to Spectrum any software or software services provided by Spectrum (“Software”). Additionally at the discretion and direction of Spectrum: (x) Customer shall return the Spectrum Equipment to Spectrum; (y) Customer shall allow Spectrum to retrieve the Spectrum Equi pment, which Spectrum Equipment must be in the condition in which the Spectrum Equipment was originally received by Customer, subject to ordinary wear and tear; or (z) Spectrum may choose not to recover all or certain portions of the Spectrum Equipment at the Customer’s Location If, upon Spectrum’s request, Customer fails to return the Spectrum Equipment, or does not allow Spectrum to retrieve the Spectrum Equipment within fifteen (15) days after Services are terminated , Spectrum may, at its discretion charge to Customer’s an account equal to : (i) Spectrum’s then-applicable unreturned equipment charge , or the retail cost of replacement of the unreturned Spectrum Equipment ; plus (ii) any and all costs and expenses associated with Spectrum’s unsuccessful attempts to retrieve the Spectrum Equipment. If applicable, Customer shall pay for the repair or replacement of any damaged Spectrum Equipment, except such repairs or replacements as may be necessary due to normal and ordinary wear and tear or material or workmanship defects, together with any costs incurred by Spectrum in obtaining or attempting to regain possession of the Spectrum Equipment. The proper disposition of any Spectrum Equipment that is not returned to, or recovered by, Spectrum will be the sole responsibility of Customer, and must be in accordance with applicable laws. The foregoing Customer obligations will survive the termination of Service.

7. STANDARD PAYMENT TERMS. Customer shall pay recurring and non -recurring charges, taxes, and fees for the Services in the amount specified on the Service Order and other applicable charges as described in this Service Agreement (collectively, “Service Charges”).

(a) Charges. Spectrum invoices for monthly recurring charges specific to the Service(s) (“ MRCs”), plus applicable taxes, fees, and surcharges, in advance on a monthly basis. Spectrum invoices for non -recurring, one -time charges (“OTCs”) for construction or installation charges after the Billing Start Date or as specified in the Service Order. All other charges, including usage -based charges (e.g., phone usage, pay -per view charges), will be invoiced monthly in arrears.

Service Charges are payable within thirty (30) days after the date appearing on the invoice. If Spectrum fails to present a Service Charge in a timely manner, such failure shall not constitute a waiver of the charges for the Services to which it relates, and Customer shall be responsible for and pay such Service Charges when invoiced in accordance with these payment terms. Spectrum shall have the right to increase MRCs for each Service after the Initial Order Term for such Service upon thirty (30) days’ notice to Customer.
(b) Taxes, Surcharges, and Fees . Customer shall pay all applicable taxes, fees , or surcharges imposed on or in connection with the Services that are the subject of this Service Agreement, including but not limited to applicable federal, state, and local sales, use, excise, telecommunications, or other taxes, franchise fees, federal and state universal service fund fees, and other state or local governmental charges or regulatory fees, excluding income taxes measured on Spectrum’s net income. If a Customer wishes to claim tax-exempt status, then Customer must supply Spectrum with a copy of Customer’s tax exemption certificate or other documentation supporting Customer’s certification of its entitlement to such exempt status within fifteen (15) days of installation of applicable Services. If Customer supplies such documentation after that time, Spectrum will apply it to Customer’s account on a prospective basis, allowing Spectrum at least thirty (30) days for processing. To the extent such documentation is held invalid for any reason, Customer agrees to pay or reimburse Spectrum for any tax or fee not collected or liability incurred, including, without limitation related interest and penalties arising from Spectrum’s reliance on such invalid certificate or documentation.

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Customer hereby consents that Spectrum may disclose such writte n documentation, which may include a tax exemption form, to any governmental authority. Tax-exempt status shall not relieve Customer of its obligation to pay applicable franchise fees or other non-tax fees and surcharges since the application of such fees and surcharges may not be governed by the tax standing of Customer. Spectrum reserves the right, from time to time, to change the surcharges for Services under this Service Agreement to reflect incurred costs, charges, or obligations imposed on Spectrum to the extent permitted, required, or otherwise not prohibited under applicable law (e.g., universal service fund charges). Furthermore, Spectrum shall have the right to collect or recover from Customer the amount of any state or local fees or taxes arisi ng as a result of this Service Agreement, which are imposed on Spectrum or its services, or otherwise assessed or calculated based on Spectrum’s receipts from Customer that Spectrum is entitled under applicable law to pass through to or otherwise charge Customer for Customer’s use or receipt of the Services. Such fees or taxes shall be invoiced to Customer in the form of a surcharge included on Customer’s invoice.

To the extent that a dispute arises under this Service Agreement as to which Party is liable for fees or taxes, Customer shall bear the burden of proof in showing that the fee or tax is imposed upon Spectrum’s net income. This burden may be satisfied by Customer producing written documentation from the jurisdiction imposing the fee or tax indicat ing that the fee or tax is based on Spectrum’s net income. Customer acknowledges that currently, and from time to time, there is uncertainty about the taxability or regulatory classification of some of the Services Spectrum provides and, consequently, unc ertainty about what fees, taxes and surcharges are due to or from Spectrum or from its customers. Customer agrees that Spectrum has the right to determine, in its sole discretion, what fees, taxes, and surcharges are due and to collect and remit them to the relevant governmental authorities, or to pay and pass them through to Customer. Customer hereby waives any claims it may have regarding Spectrum’s collection or remittance of such fees, taxes, and surcharges. (c) Change Requests . Any charges associated wi th Service and Spectrum Equipment or Customer Equipment installations, changes, or additions requested by Customer subsequent to executing a Service Order for the applicable Service Location are the sole financial responsibility of Customer. Spectrum shal l notify Customer of any additional OTCs and/or adjustments to MRCs associated with or applicable to such Customer change requests prior to making any such change. Customer’s failure to accept such additional charges within five (5) business days of recei ving such notice shall be deemed a rejection by Customer, and Spectrum shall not be liable to perform any work giving rise to such charges. For accepted charges, Customer shall be assessed such additional OTCs and/or adjustments of the MRCs either (i) in advance of implementation of the change request or (ii) beginning on Customer’s next and/or subsequent invoice(s).

(d) Site Visits and Repairs. If Spectrum visits a Service Location to either inspect the Services or respond to a service request, and Spectr um reasonably determines that the cause of the service issue is not due to a problem arising from Spectrum’s Network or Spectrum Equipment, but rather is due to Customer misuse, abuse, or modification of the Services, Customer Equipment or facilities, or d ue to similar acts by a third party not under Spectrum’s control or direction, then Spectrum may invoice Customer at Spectrum’s then -prevailing commercial rates for an on -site visit, plus any charges for Spectrum Equipment repair or replacement as a result of Customer or third party damage that may be necessary.

(e) Invoicing Disputes; Late and Collection Fees. Customer must provide notice to Spectrum of any disputed charges within sixty (60) days of the invoice date on which the disputed charges appear for Customer to receive any credit that may be due. Customer must have and present a reasonable basis for disputing any amount charged. Undisputed amounts not paid within thirty (30) days of the invoice date shall be past due and subject to a late fee up to the lesser of 1.5% of the MRC per month or the maximum amount permitted by law. If Services are suspended due to late payment, Spectrum may require that Customer pay all past due charges, a reconnect fee, and one or more MRCs in advance before reconnecting Services.

Spectrum may charge a reasonable service fee for all returned checks and bankcard, credit card or other charge card charge-backs. Customer shall be responsible for all expenses, including reasonable attorney fees and collection costs, incurred by Spectrum in collecting any unpaid amounts due under this Service Agreement.

(f) Credit Verification. Spectrum shall have the right to verify Customer’s credit standing at any time.

(g) Bundled Pricing. If Customer has selected a bundled offer, meaning a discounted MRC for receiving more than one Spectrum Service (“Bundle”), then the following conditions shall apply:

i. In consideration for Customer’s purchase of all Services in the Bundle, and only with respect to that period of time during which Customer continues to purchase the specific Services in such Bundle and during which such Bundle is in effect, the correlating discount to the Services in such Bundle, ordered pursuant to the Spectrum program governing such Bundle, will be reflected in the MRC for the respective Services. ii. Upon Termination by Customer, for any reason other than a Spectrum Default, of any Service component of the applicable Bundle, the pricing for the remaining Service(s) shall revert to Spectrum’s unbundled pricing for such Service(s) in effect at the time of Termination. Termination liability applicable to the Services under this Service Agreement shall otherwise remain unchanged.

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8. ADMINISTRATIVE WEB S ITE. Spectrum may, at its sole option, make one or more administrative web sit es, including without limitation www.spectrum.net, available to Customer in connection with Customer’s use of the Services (each an “ Administrative Web Site ”). Spectrum may furnish Customer with one or more user identifications and/or passwords for use on the Administrative Web Site and Customer must promptly change any Spectrum -provided user identifications and passwords to a secure, Customer -designated user identification and password. Customer shall be responsible for the confidentiality and use of suc h user identifications and passwords, whether provided by Spectrum or designated by Customer, and any equipment or devices used to access any Administrative Web Site, and shall immediately notify Spectrum if there has been an unauthorized release, use, or other compromise of any user identification or password.

In addition, Customer agrees that its authorized users shall keep confidential and not distribute any information or other materials made available by the Administrative Web Site. Customer shall be solely responsible for all use of the Administrative Web Site. Spectrum shall not be liable for any loss, cost, expense, or other liability arising out of any Customer use of the Administrative Web Site.

Spectrum may change or discontinue the Administrative Web Site, or Customer’s right to use the Administrative Web Site, at any time. Any additional terms and policies applicable to Customer’s use of the Administrative Web Site will be posted on the site.

9. SUPPORT. Spectrum shall provide contact information for inquiries and remote problem support for the Services.

All such Customer support shall be provided only to Customer’s designated personnel or as mutually agreed upon by Spectrum and Customer. Customer is responsible for all communicati ons and support for its End Users. Customer shall provide routine operational support for Spectrum Equipment located at a Service Location, including without limitation, by performing reboots as requested by Spectrum. Customer is responsible for the inst allation, repair, and use of Customer Equipment, including without limitation, Customer-supplied third-party hardware, or software for the use of Spectrum Service or third party services.

Spectrum does not support third -party hardware or software used in conjunction with third -party services or supplied by Customer. Any questions concerning third -party hardware or software should be directed to the provider of that product.

Spectrum assumes no liability or responsibility for the installation, maintenance, compatibility or performance of third-party software, or any Customer Equipment or Customer -supplied software with the Services. If such third -party equipment or software impairs the Services, Customer shall continue to pay all applicable Service Charge s. If, at Customer’s request, Spectrum should attempt to resolve difficulties caused by such third -party equipment or software, such efforts shall be performed at Spectrum’s discretion and subject to Service Charges as set forth in Section 7(d).

10. CUSTOMER REPRESENTATIONS AND OBLIGATIONS
(a) Representations. Customer represents and warrants to Spectrum that: (i) Customer has the authority to execute, deliver and carry out the terms of this Service Agreement, and (ii) its End Users and any person who accesses any Services at the Service Location, will use the Service and Network for Customer’s internal business purposes and will comply with the terms of this Service Agreement.
(b) No Reselling. Customer shall not re-sell or re-distribute (whether for a fee or otherwise) access to the Service(s) or system capacity, or any part thereof, in any manner other than for Customer’s internal business without the express prior consent of Spectrum, including without limitation, any use to provide services for the benefit of, o r on behalf of, any third party other than Customer or its End Users.
(c) No Illegal Purpose or Unauthorized Access . Customer shall not use or permit End Users or third parties to use the Service(s), including the Spectrum Equipment and Software, for any illegal purpose, or to achieve unauthorized access to any computer systems, software, data, or other copyright or patent protected material. (d) No Interference . Customer shall not interfere with or cause technical difficulties for other customers’ use of equipment or Services or interfere with or disrupt the Spectrum Network, backbone, nodes , other Services, or third-party providers. Customer shall not install any equipment, including without limitation, any antenna or signal amplification system, at the Service Location that interferes with the Services. (e) Applicable Laws. With respect to Customer’s and End Users’ use of the Service (including the transmission or use of any content via the Service), Customer shall comply, and shall ensure that its End Users comply, with all applicable laws and regulations in addition to the terms of this Service Agreement. Spectrum shall have the right to audit Customer's use of the Service remotely or otherwise, to ensure compliance with this Service Agreement. (f) Acceptable Use. As between the Parties, Customer is solely responsible for (i) all use (whether or not authorized) of the Service by Customer, any End User or any unauthorized person or entity, which use shall be deemed Customer’s use for purposes of this Service Agreement, (ii) all content that is viewed, stored or transmitted via the Service, as applicable, and (iii) all third-party charges incurred for merchandise and services accessed via the Service, if any. Customer shall not use, or allow the Services t o be used, in any manner that would violate the applicable Spectrum Acceptable Use Policies or that would cause, or be likely to cause, Spectrum to qualify as a “Covered 911 Service Provider” as defined in 47 C.F.R. §9.19 or any successor provision of the rules of the Federal Communication Commission.

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For avoidance of doubt, Customer and Spectrum agree that any failure to satisfy the covenants set forth in the preceding sentence shall constitute a material breach of the Service Agreement.

11. PERFORMANCE. Unless otherwise set forth in an Attachment or service level agreement, Spectrum will use commercially reasonable efforts to provide the Services to Customer twenty -four (24) hours per day, seven (7) days per week. It is possible, however, that there will be interruptions of Service. The Service may be unavailable from time-to-time either for scheduled or unscheduled maintenance, technical difficulties, or for other reasons beyond Spectrum’s reasonable control. Temporary service interruptions or outage s for such reasons, as well as service interruptions or outages caused by Customer, its agents and employees, or by a Force Majeure Event, shall not constitute a failure by Spectrum to perform its obligations under this Service Agreement.

12. MONITORING, EQUIPMENT UPGRADES AND NETWORK MODIFICATIONS. Spectrum has the right, but not the obligation, to upgrade, modify, and enhance the Spectrum Network and the Service and take any action that Spectrum deems appropriate to protect or improve the Service and its facilities. Spectrum shall have the right, but not the obligation, to monitor, record, and maintain oral communications with Customer regarding Customer’s account or Services for the purpose of service quality assurance, or as permitted under applicable law.

13. DEFAULT, SUSPENSION OF SERVICE, AND TERMINATION.
(a) Default. A Party shall be in default under this Service Agreement if it has failed to comply with the terms of this Service Agreement or any Service Orders, including without limitation the oblig ation to pay any amounts due, and such Party fails to correct each such noncompliance within thirty (30) days of receipt of notice from the non -defaulting Party describing in reasonable detail the default or noncompliance (“Default”). (b) Mutual Termination Rights. Either Party may terminate this Service Agreement or a Service Order if: (i) the other Party is in Default; or (ii) the other Party liquidates, is adjudicated as bankrupt, makes an assignment for the benefit of creditors, invokes any provision of law for general relief from its debts, initiates any proceeding seeking general protection from its creditors, or is removed or delisted from a trading exchange. (c) Termination for Convenience by Customer. Notwithstanding any other term or provision in this Service Agreement, Customer may terminate a Service Order, or this Service Agreement, at any time upon thirty (30) days prior notice to Spectrum, subject to payment of all outstanding amounts due, payment of any applicable Termination Charges (as defined below), and the return of any Spectrum Equipment.
(d) Spectrum’s Right to Suspend. Spectrum shall have the right, at its option, without prior notice, and in addition to any other rights of Spectrum expressly set forth in this Service Agreement and any other r emedies it may have under applicable law to suspend Services if Customer fails to comply with any applicable laws or regulations or this Service Agreement, or if Customer or its End Users’ use of the Service is determined by Spectrum, in its sole discretion, to result in a material degradation of the Spectrum Network until Customer remedies any such noncompliance or degradation. Any suspension shall not affect Customer’s on-going obligation to pay Spectrum any amounts due under this Service Agreement.

If Spectrum suspends any Service, Spectrum may require the payment of reconnect or other charges before restarting the suspended Service.
(e) Termination Charges. Upon Termination, Customer must pay all Services Charges then due for Services provided through t he effective date of Termination. In addition, if Termination is due to Customer Default or for Customer’s convenience, Customer must pay Spectrum a termination charge (a “Termination Charge”), which the Parties recognize as liquidated damages and not as a penalty. This Termination Charge shall be equal to 100% of the unpaid balance of all Service Charges that would have been due throughout the applicable Order Term, including, without limitation, the outstanding balance of any and all unpaid OTCs. The fo regoing terms will also apply to any partial Termination impacting one or more Service Orders, but not the entire Service Agreement. (f) Survival. The provisions of sections 6(c), 7(b), 7(e), 13(e), 13(f), 14, 15, 18 -22 and the Attachments shall survive the termination or expiration of the Service Agreement.

14. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(a) DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE

SERVICE AND SPECTRUM EQUIPMENT, AND USES THE SAME AT ITS OWN RISK, AND FOR ACCESS TO AND SECURITY OF CUSTOMER’S EQUIPMENT AND CUSTOMER’S NETWORK. SPECTRUM EXERCISES NO CONTROL

OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE APPLICATIONS OR CONTENT TRANSMITTED OR

ACCESSIBLE THROUGH THE SERVICE AND SPECTRUM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH APPLICATIONS OR CONTENT.

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EXCEPT AS SPECIFICALLY SET FORTH IN THIS SERVICE AGREEMENT, THE SERVICE, SPECTRUM EQUIPMENT, AND ANY SPECTRUM MATERIALS ARE PROVIDED “AS IS, WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY

KIND, EITHER EX PRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON -

INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY SPECTRUM, ITS AFFILIATES OR I TS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. SPECTRUM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, PREVENT

UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, ERROR FREE, WIT HOUT

DEGRADATION OF VOICE QUALITY OR WITHOUT LOSS OF CONTENT, DATA OR INFORMATION, OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE SERVICE

AGREEMENT, SPECTRUM DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY SPECTRUM WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE.

CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND

WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR ANY END USER’S EQUIPMENT OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR RESULTING FROM, CUSTOMER’S OR ANY END USER’S USE OF THE

SERVICE, INCLUDING, WITHOUT LIMITATION, VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, MATERIAL OR T RAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT SPECTRUM’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO

CUSTOMER UNDER THIS SERVICE AGREEMENT, AND SPECTRUM DOES NOT MAKE ANY WARRANTIES ON

BEHALF OF SUCH SERVICE PROVIDERS UNDER TH IS SERVICE AGREEMENT, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT,

TITLE, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.
(b) LIMITATION OF LIABILITY. WITHOUT LIMITING ANY EXPRESS PROVISIONS OF THIS SERVICE AGREEMENT,

NEITHER PARTY SHALL BE LIABLE TO THE OTHER, ANY END USER, OR ANY THIRD PARTY FOR ANY INDIRECT,

CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES (INCLUDING LOST

BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS SERVICE AGREEMENT OR

THE PROVISION OF SERVICES, INCLUDING ANY SERVICE IMPLEMENTATION DELAYS OR FAILURES, UNDER ANY

THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY, MISREPRESENTATION, OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY OF CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS SERVICE AGREEMENT. SPECTRUM’S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO ANY

SERVICE ORDER SHALL NOT EXCEED THE AMOUNT, EXCLUDING OTCS, PAID OR PAYABLE BY CUSTOMER TO SPECTRUM FOR THE APPLICABLE SERVICE ORDER IN THE SIX (6 ) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SPECTRUM SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR

ANY OTHER EMERGENCY SERVICES, THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL

OR OTHER MONITORING SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER-PROVIDED EQUIPMENT, FACILITIES, OR SERVICES.

15. CUSTOMER RESPONSIBILITY. Customer understands and agrees that Spectrum disclaims and shall not be responsible for any liability to the full extent that such arises from Customer’s misrepresentation with regard to or noncompliance with the terms of this Agreement and/or any Service Order, Customer’s failure to comply with applicable law, and/or Customer’s negligence or willful misconduct. Customer is solely responsible for the use of the Services, for its own personnel and their acts and omissions.

16. INDEMNIFICATION. Spectrum shall indemnify and defend the Customer and its directors, officers, agents and employees, from and against third party claims, liabilities, damages and expenses, including reasonable attorneys’ and other professionals’ fees, for bodily injury or tangible propert y damage directly caused by the negligence or willful misconduct of Spectrum, its employees or contractors, at the site(s) as a direct result from Spectrum’s installation, removal or maintenance at Customer’s Service locations of the Spectrum Equipment.

Indemnified Parties shall have the right but not the obligation to participate in the defense of the claim.

17. COMPLIANCE WITH LAWS. As between the Parties, Spectrum shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to Spe ctrum’s operation and provision of the Services as contemplated in the Service Agreement, and Customer shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to Customer’s use of the Servi ces as contemplated in the Service Agreement.

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Unless specified otherwise in the Service Agreement, each Party shall give all notices, pay all fees and comply with all applicable laws, ordinances, rules and regulations relating to its performance obligations specified in the Service Agreement.

The Service Agreement is subject to all applicable federal, state, or local laws and regulations in effect in the relevant jurisdiction(s) in which Spectrum provides the Services. If any provision of the Se rvice Agreement contravenes or is in conflict with any such law or regulation, then the terms of such law or regulation shall take priority over the relevant provision of the Service Agreement. If the relevant law or regulation applies to some but not all of the Services being provided under the Service Agreement, then such law or regulation shall take priority over the relevant provision of the Service Agreement only for purposes of those Services to which the law or regulation applies. Except as explici tly stated in the Service Agreement, nothing contained in the Service Agreement shall constitute a waiver by Spectrum of any rights under applicable laws or regulations pertaining to the installation, construction, operation, maintenance, or removal of the Services, facilities or equipment.

18. REGULATORY CHANGES. In the event of any change in applicable law, regulation, decision, rule or order, including without limitation any new application of or increase in any government - or quasi-government-imposed fees or charges that increases the costs or other terms of Spectrum’s delivery of Service to Customer, or, in the event of any increase in pole attachment or conduit charges applicable to any facilities used by Spectrum in providing the Service, Customer acknowledges and agrees that Spectrum may pass through to Customer any such increased fees or costs, but only to the extent of the actual increase. Spectrum shall use commercially reasonable efforts to notify Customer at least thirty (30) days in advance of th e increase. In such case, and if such increase materially increases the Service Charges payable by Customer under the Service Agreement for the applicable Service, Customer may, within thirty (30) days after notification of such increase, terminate the af fected Service without an obligation to pay Termination Charges, provided Customer notifies Spectrum at least thirty (30) days in advance of Customer’s requested termination date. Further, in the event that Spectrum is required to file tariffs or rate schedules with a regulatory agency or otherwise publish or make generally available its rates in accordance with regulatory agency rules or policies respecting the delivery of the Service or any portion thereof, then the terms set forth in the applicable tariff or rate schedule shall govern Spectrum’s delivery of, and Customer’s use or consumption of the Service. In addition, if Spectrum determines that offering or providing the Service, or any part thereof, has become impracticable for legal or regulatory re asons or circumstances, then Spectrum may terminate the Service Agreement and any affected Service Orders without liability, by giving Customer thirty (30) days prior notice or any such notice as is required by law or regulation applicable to such determination.

19. ARBITRATION. This Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customer in the event of a dispute. Subject to the “Exclusions” paragraph below, Spectrum and Customer agree to arbitrate disputes an d claims arising out of or relating to this Service Agreement, the Services, the Spectrum Equipment, Network, or marketing of the Services. Notwithstanding the foregoing, either Party may bring an individual action on any matter or subject in small claims court. The arbitrator of any dispute or claim brought under or in connection with this Service Agreement shall not have the power to award injunctive relief, which may only be sought in an appropriate court of law. No claim subject to arbitration under this Service Agreement may be combined with a claim subject to resolution before a court of law. THIS SERVICE AGREEMENT MEMORIALIZES A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.
(a) A Party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“ Notice”). The Notice to Spectrum should be addressed to: VP and Associate Gener al Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131 (“Arbitration Notice Address”).

The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If the Parties do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, Customer or Spectrum may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the terms of this Service Agreement. The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Service Agreement, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. (b) EACH PARTY SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR’S FEES

THAT SUCH PARTY INCURS INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED UNDER APPLICABLE L AW. If the arbitrator’s award exceeds $75,000, either Party may appeal such award to a three -arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within thirty (30) days after the date of e ntry of the arbitration award. The appealing Party must provide the other Party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within one hundred twenty (120) d ays of the date of the appealing Party’s notice of appeal.

The decision of the three -arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act. The Parties may agree that arbitration wi ll be conducted solely on the basis of the documents

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submitted to the arbitrator, via a telephonic hearing, or by an in -person hearing as established by AAA rules. Unless Spectrum and Customer agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the San Bernardino, California.
(c) CUSTOMER AGREES THAT, BY ENTERING INTO THIS SERVICE AGREEMENT, CUSTOMER AND SPECTRUM ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY. CUSTOMER AND SPECTRUM AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN CUSTOMER’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Furthermore, unless both Customer and Spectrum agree otherwise in writing, the arbitrator may not consolidate proceedings or mor e than one person’s claims and may not otherwise preside over any form of representative or class proceeding. (d) Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed fro m these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE

ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR A NY REASON, OR IF A CLAIM IS

BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION

PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from this Service Agreement, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.
(e) EXCLUSIONS. CUSTOMER AND SP ECTRUM AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:
i. ANY INDIVIDUAL ACTION BROUGHT BY CUSTOMER OR BY SPECTRUM ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS. ii. ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS. iii. ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.

20. PROPRIETARY RIGHTS AND CONFIDENTIALITY.

(a) Spectrum’s Proprietary Rights. All materials including, but not limited to, any Spectrum Equipment (including related firmware), software, data and information provided by Spectrum, any identifiers or passwords used to access the Service or otherwise provided by Spectrum, and a ny know-how, methodologies or processes including, but not limited to, all copyrights, trademarks, patents, trade secrets, any other proprietary rights inherent therein and appurtenant thereto, used by Spectrum to provide the Service (collectively “Spectrum Materials”) shall remain the sole and exclusive property of Spectrum or its suppliers and shall not become a fixture to the Service Location. Customer shall acquire no title to, interest or right (including intellectual property rights) in the Spectrum Materials by virtue of the payments provided for herein other than the limited, non-exclusive, and non-transferable license to use the Spectrum Materials solely for Customer's use of the Service. Customer may not disassemble, decompile, reverse engineer, reproduce, modify, or distribute the Spectrum Materials, in whole or in part, or use them for the benefit of any third party. Customer shall not cause or permit the disabling or circumvention of any security mechanism contained in or associated with the S ervices. All rights in the Spectrum Materials not expressly granted to Customer herein are reserved to Spectrum or its suppliers. Customer shall not open, alter, misuse, tamper with, or remove the Spectrum Equipment or Spectrum Materials as and where installed by Spectrum, and shall not remove any markings or labels from the Spectrum Equipment or Spectrum Materials indicating Spectrum (or its suppliers) ownership or serial numbers.

(b) Confidentiality. Customer agrees to maintain in confidence, and not to disclose to third parties or use, except for such use as is expressly permitted herein, the Spectrum Materials and any other information and materials provided by Spectrum in connection with this Service Agreement, including but not limited to the contents of this Service Agreement and any Service Orders. Customer may not issue a press release, public announcement or other public statements regarding the Service Agreement without Spectrum’s prior consent.

(c) Software. If Software is provided to Customer hereunder, Spectrum grants Customer a limited, non-exclusive, and non-transferable license to use such Software, in object code form only, for the sole and limited purpose of using the Services for Customer’s internal business purposes during the Term. Customer shall not copy, reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any Software. Upon termination of a Service Order, the license to use any Software provided by Spectrum to Customer in connection with the Services provided under the Service Order shall terminate and Customer shall destroy any copies of the Software provided to Customer.

21. PRIVACY. Spectrum also maintains a Privacy Policy with respect t o the Services in order to protect the privacy of its customers. The Privacy Policy may be found on Spectrum’s website at https://enterprise.spectrum.com/. The Privacy Policy may be updated or modified from time-to-time by Spectrum, with or without notice to Customer. Customer’s privacy interests, including Customer’s ability to limit disclosure of certain information to third parties, may be addressed by, among

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other laws, the Federal Telecommunications Act, the Federal Cable Communications Act, the Electronic Communications Privacy Act, and, to the extent applicable, state laws and regulations. Customer proprietary network information and personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in an Attachment, the Privacy Policy, and, if applicable, in Spectrum’s tariff, which are incorporated into, and made a part of, this Service Agreement by this reference. In addition to the foregoing, Customer hereby acknowledges and agrees that Spectrum may disclose Customer's and its employees' personally identifiable information as required by law or regulation, or the American Registry for Internet Numbers or any similar agency, or in accord ance with the Privacy Policy or, if applicable, tariff(s). In addition, Spectrum shall have the right (except where prohibited by law), but not the obligation, to disclose any information to protect its rights, property or operations, or where circumstances suggest that individual or public safety is in peril.

22. NOTICES.
(a) Except for notice to terminate the Service Agreement or to disconnect any Services as set forth in Section 21(b) below, all other notices to be given under this Service Agreement shall be validly given or served only if in writing and sent by nationally recognized overnight delivery service or certified mail, return receipt requested, to the following addresses

If to Spectrum:

Charter Communications Operating, LLC
ATTN: Commercial Contracts Management
Corporate - Legal Operations
12405 Powerscourt Drive
St. Louis, MO 63131

Notices to Customer shall be sent to the Customer billing address or as set forth in the Service Agreement. Each Party may change its respective address(es) fo r legal notice by providing notice to the other Party. Upon Spectrum’s request, Customer will also provide Spectrum with a current email address that Customer regularly checks so that Spectrum may provide copies of notices and other communications to Customer by email.

( b) Disconnect Notice. Customer may disconnect a Service or all Services under the Services Agreement by following the instructions available at this link: https://enterprise.spectrum.com/support/faq/account/how-to-cancel-service.html (such instructions in the link may be updated from time to time).

23. MISCELLANEOUS.
(a) Entire Agreement. This Service Agreement, including without limitation all Attachments, incorporated documents and any executed Service Orders constitute the entire agreement and understanding between the Parties with respect to the subject matter hereof. This Service Agreement supersedes all prior understandings, promises, and undertakings, if any, made orally or in writing by or on behalf of the Parties with respect to the subject matter of this Service Agreement, including without limitation any prior confidentiality or non-disclosure agreement between the Parties regarding the purchase and sale of Spectrum Services. Customer should also consult Spectrum’s website https://enterprise.spectrum.com/ to be s ure Customer is aware of Spectrum’s Acceptable Use Policies, Network Management Practices, applicable tariffs online product descriptions, and other policies or practices that are applicable to Customer’s use of the Services (collectively “ Policies”).

Customer’s use of the Services shall be deemed acknowledgment that Customer has read and agreed to Spectrum’s Policies as a part of this Service Agreement.
(b) Signatures; Electronic Transactions. This Service Agreement may be executed in one or more counterparts, each of which is an original, but together constituting one and the same instrument. Execution of a facsimile or other electronic copy will have the same force and effect as execution of an original, and a facsimile or electronic signature will be deemed an original and valid signature. The Parties agree to conduct business using electronic means including using electronic records and electronic signatures, except as provided with respect to notices in Section 21. (c) Order of Precedence . Each Service shall be provisioned pursuant to the terms and conditions of this Service Agreement. In the event that Spectrum permits Customer to use its own standard purchase order form to order the Service, the Parties hereby acknowledge and agree that the terms and conditions hereof shall prevail notwithstanding any variance with the terms and conditions of any purchase order submitted by Customer, and any different or additional terms contained in such purchase order shall have no force or effect. To the extent that the terms of the Service Agreement or any Service Order are inconsistent with the terms of any applicable tariff, the tariff shall control.

To the extent that the terms of any Service Or der are inconsistent with the terms of these Terms of Service, the Terms of Service shall control, excluding pricing discounts, nonrecurring fees, or order fulfillment timing terms to the extent permissible under applicable law set forth in the Service Order that shall control. (d) No Assignment or Transfer . Customer may not assign or transfer (directly or indirectly by any means, including by operation of law or otherwise) this Service Agreement and the associated Service Order(s), or their rights or obligations hereunder to any other entity without first obtaining consent from Spectrum, and any assignment or transfer in violation of

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this Section shall be null and void. Spectrum may assign its rights and obligations under this Service Agreement, in whole or in part, and any Service Order(s) to affiliates controlling, controlled by or under common control with Spectrum, or to its successor-in-interest if Spectrum sells some or all of the underlying communications system(s) without the prior approval of or notic e to Customer. Customer understands and agrees that, regardless of any such assignment, the rights and obligations of Spectrum in the Service Agreement may accrue to, or be fulfilled by, any affiliate, as well as by Spectrum or its subcontractors.
(e) Severability. To the extent any term, covenant, condition or portion of this Service Agreement is held to be invalid or unenforceable, the remainder of this Service Agreement shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law as nearly as possible to reflect the original intentions of the Parties.
(f) Force Majeure. Notwithstanding anything to the contrary in the Service Agreement, neither Party shall be liable to the other for any delay, inconvenience, loss, liability or damage resulting from any failure or interruption of Services, directly or indirectly caused by circumstances beyond such Party’s control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war or terrorism, criminal, illegal or unlawful acts, weather, fire, flood, natural causes, mechanical or power failures, fiber cuts, governmental acts or any order, law or ordinance in any way restricting the operation of the Services (each a “ Force Majeure Event”). Changes in economic, business, or competitive conditions shall not be considered a Force Majeure Event. (g) Governing Law; Claims Limitation; Waiver of Jury Trial . The law of the state of California shall govern the construction, interpretation, and performance of this Service Agreement, except that any conflicts-of-law principles of such state that would result in the application of the law of another juri sdiction shall be disregarded. Any legal act ion brought under or in connection with the subject matter of the Service Agreement shall be brought only in a Federal or State court sitting in the County of San Bernardino in the State of California. Each party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of the Service Agreement in any other court or forum. Each Party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of the Service Agreement in the Federal or state courts sitting in the County of San Bernardino in the State of California and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum. Except as otherwise specified in Section 7(e), any claim that Customer wishes to assert under the Service Agreement must be initiated not later than two (2) years after the claim arose. IN ANY AND ALL

CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATING TO THIS SERVICE AGREEMENT, ITS

NEGOTIATION, ENFORCEABILITY OR VALIDITY, OR THE PERFORMANCE OR BREACH THEREOF OR THE

RELATIONSHIPS ESTABLISHED HEREUNDER, CUSTOMER AND SPECTRUM EACH HEREBY WAIVES ITS RIGHT, IF ANY, TO TRIAL BY JURY.
(h) No Third Party Beneficiaries . The terms of this Service Agreement and the Parties’ respective performance of obligations as described are not intended to benefit any person or entity not a Party to this Service Agreement, and the consideration provided by each Party hereunder only runs to the respective Parties, and that no person or entity not a Party to this Service Agreement shall have any rights hereunder nor the right to require perform ance of obligations by either of the Parties.
(i) Waiver. Except as otherwise provided herein, the failure of EITHER PARTY to enforce any provision of this Service Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. To be legally binding on EITHER PARTY, any waiver must be in writing. (j) Remedies Cumulative and Nonexclusive . Unless stated otherwise herein, all rights and remedies of the Parties under this Service Agreement shall be cumulative, nonexclusive and in addition to, but not in lieu of, any other rights or remedies available to the Parties whether provided by law, in equity, by statute or otherwise. The exercise of any right or remedy does not preclude the exercise of any other rights or remedies.

24. Insurance.

The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions:
(a) Comprehensive general liability insurance, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, personal injury with a policy limit of not less than One Million and 00/100 Dollars ($1 ,000,000), combined singles limits, per occurrence and aggregate.
(b) Automobile liability insurance including all owned, non -owned, and hired vehicles used in conjunction with the Services for bodily injury or property damage with combined single limit of not less than One Million and 00/100 Dollars ($1,000,000) each occurrence. (c) Workers' compensation insurance as required by the State of California.

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(d) Additional insureds: “The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City.” (e) Notice: “Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to Customer.”
(f) Other insurance: “Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy.” (g) Spectrum shall provide to Customer certificates of insurance showing the insurance coverages a nd required endorsements described above, in a form and content approved by Customer, prior to performing any Services under this Agreement.
(h) Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained within this Agreement, or the extent to which Spectrum may be held responsible for payments of damages to persons or property.

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Attachment A
Spectrum Business TV and Enterprise TV Service
(collectively, “TV Service”)

Spectrum Business TV Service: Attachment A will govern the use of Spectrum Business TV Service, if such services are selected by Customer via a Service Order. Spectrum Business TV Service includes television programming services, including the package of channels and music programming as designa ted in a Service Order. Customer must notify Spectrum if Customer’s use of the Service will be for private or public viewing. If specified in the Service Order, Spectrum will provide to private-view Customers premium programming such as HBO, Showtime, TMC, Cinemax, STARZ, Encore, or Epix, or Customer premise equipment such as DVRs (collectively, “Premium Services”).

Spectrum Enterprise TV Service: Spectrum Enterprise shall provide the customized multi -channel video programming service (“Enterprise TV Service”) to Customer’s Service Location(s) identified in a Service Order. Enterprise TV Service includes Government TV, Healthcare TV, Hospitality TV, and Education/University TV. Enterprise TV Service includes the channel line -up and those premium and other pay -per-view, video -on-demand, or any visual content as mutually agreed upon in the Service Order. If specified in the Service Order, Spectrum will provide Premium Services to Customer.

1. Music Programming. Customer is responsible for and must secu re any music rights and/or pay applicable fees required by the American Society of Composers, Authors & Publishers, Broadcast Music, Inc., and SESAC, Inc. or their respective successors, and any other entity, person or governmental authority from which a l icense is necessary or appropriate relating to Customer's transmission, retransmission, communication, distribution, performance or other use of the Services. Customer shall not, and shall not authorize or permit any other person to, do any of the followi ng unless Customer has obtained a then-current music license permitting such activity: (i) charge a cover charge or admission fee to any Service Location(s) at the time the TV Service is being displayed or are to be displayed; or (ii) permit dancing, skati ng or other similar forms of entertainment or physical activity in conjunction with the performance of the TV Service.

2. Spectrum Equipment. Spectrum owns and shall at all times have the exclusive right to access, control, maintain, upgrade, use and opera te its TV Service, Network, and Spectrum Equipment, except for (i) any video display terminals (“Connections”) or inside wiring owned and maintained by Customer or a third party, and (ii) any conduit, risers, raceways or other spaces where the Network or Spectrum Equipment is located that are owned by Customer or a third party, in which case (as between Customer and Spectrum) Customer shall own such items and Customer hereby grants to Spectrum the non-exclusive right to access and use such space during the Order Term as provided in the Service Agreement. The inside wiring and Connections shall be provided and installed by Customer, at its sole expense, in consultation with Spectrum and any specifications provided by Spectrum to Customer in writing. Spectrum shall not be responsible for an outage that may be due to a fault or failure with respect to any inside wiring, Connections or any systems, equipment or facilities of Customer or any third party, including but not limited to, instances where such outage is due to the Customer’s failure to promptly provide Spectrum with access to the Service Location to inspect, monitor, repair, and/or replace the TV Service or Spectrum Equipment. If changes in technology require the use of specialized equipment to continue to receive Spectrum Business TV Service, Spectrum shall provide such Spectrum Equipment, and Customer shall pay for such Spectrum Equipment at the same rate charged by Spectrum to commercial customers in the same service area as the Service Location.

3. Provision of Service. Spectrum may, in its discretion, preempt, rearrange, delete, add, discontinue, modify or otherwise change any or all of the advertised programming comprising, packaging of, channel line-ups applicable to, and/or distribution of its TV Service. Spectrum may make certain TV Service available via mobile applications or third party hardware to Customer and its End Users, which may be subject to additional terms and conditions.

4. Restrictions. Customer shall take all necessary precautions to ensure that the TV Service is received only by authorized parties, and that no part of the TV Service is received at any other location, including but not limited to locations where an admission fee, cover c harge, minimum or like sum is charged. Customer shall not and shall not authorize or permit any other person to (i) copy, record, dub, duplicate, alter, make or manufacture any recordings or other reproductions of the TV Service (or any part thereof); (ii ) transmit the TV Service by any television or radio broadcast or by any other means or use the TV Service outside the Service Location; (iii) move the TV Service to another location after installation; or (iv) insert any commercial announcements into the TV Service or interrupt any performance of the TV Service for the making of any commercial announcements. Customer acknowledges that such duplication, reproduction or transmission may subject Customer to criminal penalties and/or civil liability and damage s under applicable copyright and/or trademark laws. TV Service is available for use at commercial establishments and other non -residential buildings (such as a bar, restaurant, hospital, or commercial building). In commercial establishments with public v iewing, only the TV Service lineup(s) that is approved for public viewing may be used. Customer may not order or request pay -per-view (PPV) programming for receipt, exhibition or taping in a commercial establishment; or exhibit nor assist in the exhibitio n of PPV programming in a commercial establishment unless explicitly authorized to do so by agreement with an authorized program provider and subject to Spectrum’s prior written consent.

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5. Service Inspection. Customer shall permit Spectrum reasonable access to the Service Locations to inspect the Service Location at periodic intervals as needed to ascertain, among other things, the number of television outlets receiving the TV Service, or verify the estimated viewing occupancy. If any Spectrum inspection reveals that Customer's usage of the TV Service exceeds Customer's rights under the Service Agreement or Service Order and without abrogating or otherwise affecting Spectrum’s right to consider such activity a breach of the Service Agreement, Customer s hall pay Spectrum an amount equal to one and a half times the MRCs that would have been due for such excessive usage as liquidated damages and not as a penalty. In addition, Customer shall either discontinue any excess usage or thereafter continue to pay t he applicable MRCs for such additional usage or Spectrum may, in its discretion, suspend or disconnect a TV Service.

6. Noninterference. Customer shall not interfere with, alter or substitute any of the programs, information or content offered as part of th e TV Service, which are transmitted over any of the channels provided hereunder without the prior written consent of Spectrum. Under no circumstances shall Customer have any right to encode, alter, reformat, delete or otherwise modify the TV Service, including without limitation delivery method and any programming contained within the TV Service, without the express written consent of Spectrum. The limitations of this paragraph shall not apply to formatting of programming for Enterprise TV Service as agreed by Spectrum and Customer.

7. Charges. Notwithstanding anything to the contrary in the Service Agreement, the MRCs set forth in a Service Order for TV Service: (i) do not include applicable taxes, regulatory fees, franchise fees or public access fees; and (ii) are subject to change in accordance with commercial rate increases applied to commercial customers.

8. End User Support. Customer shall provide all first level contact and support to its authorized users relating to the Network, Spectrum Equipment, Connections, Customer -provided equipment, and Enterprise TV Service. In the event of any disruption, failure, or degradation of the Enterprise TV Service lasting for twenty -four (24) consecutive hours or more, Customer shall use all reasonable efforts to diagnose the cause of the Enterprise TV Se rvice impacting event. If the Enterprise TV Service impacting event is reasonably determined to be caused by the signal delivered by Spectrum, Customer shall contact the designated Spectrum technical support contact for resolution.

9. Set Back Box. Customer’s use of the Set Back Box Product (“SBB”) available as part of the Enterprise TV Service (the “SBB Offering”) is subject to the following additional terms and conditions:

1. Notwithstanding Section 2 above, Spectrum shall install and program all Connections for the SBB Offering.

Customer shall ensure the availability of Connections that are compatible with the SBB Offering including, without limitation, the provision and use of appropriate tuners and Connections having HDTV compatibility.

2. If Customer desires for the front desk portal and the TV user interface associated with the SBB Offering to be co - branded (with Spectrum’s and Customer’s brands), then Customer shall provide Spectrum Enterprise a copy of Customer’s logo in accordance with Spectrum’s technica l specifications and hereby grants Spectrum a right and license to use such logo for purposes of such co-branding.

10. SpectrumU Service. SpectrumU is an online video service (“SpectrumU TV”) that is accessible via a compatible browser or supported digital media streaming device that permits authorized users to stream video content while connected to Customer’s network. Spectrum cannot guarantee that every browser or digital media streaming device operator will make the SpectrumU TV application available on its platform, now or in the future, and therefore unavailability of the SpectrumU TV application on any particular third-party digital media streaming device or browser is not a breach of this Agreement.

(a) Many factors outside of Charter’s control affect the quality of service experienced by Customer and its authorized users, including without limitation, the quality and utilization of Customer’s network, service attacks, and the authorized user’s device.
(b) Customer acknowledges that Spectrum requires Customer’s authorized users to accept separate end user license terms prior to using or downloading SpectrumU TV. (c) Spectrum may require that authorized users update the SpectrumU TV application from time-to-time in order to continue use of SpectrumU TV.

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Attachment B
Spectrum Business Voice Service, PRI/SIP Trunking Service (collectively “Voice Services”)

Spectrum Hosted Voice, Hosted Voice for Hospitality, Hosted Call Center, and Unified Communications (collectively, “Hosted Communications Services”)

DESCRIPTION OF SERVICES:

Voice Services:

Spectrum Business Voice Service : If Customer selects to receive Spectrum Business Voice Service, Customer will receive voice service consisting of one or more lines or connections and a variety of features, as described more fully below and in the applicable Service Order.

SIP Trunking Service : If Customer selects to receive the SIP Trunking Service, Customer will receive voice and call processing services via eight or more concurrent call paths using a Session Initiation Protocol (“SIP”) connection to the Customer’s private branch exchange (including any non-Spectrum switch, collectively, “ PBX”) or other Customer Equipment, and a variety of features, as described more fully below and in the applicable Service Order.

PRI Trunking Service: If Customer selects to receive PRI Trunking Service, Customer will receive voice and call processing services via a full (23B+1D channel) or fractional (12B+1D channel) Primary Rate Interface (“PRI”) connection to Customer’s PBX or other Customer Equipment, and a variety of features, as described more fully below and in the applicable Service Order.

Trunking Service: Trunking Service shall mean SIP Trunking Service and/or PRI Trunking Service, as applicable.

Analog Lines Over Fiber Service: If Customer selects to receive Analog Lines over Fiber Service, Customer will receive voice and call processing services via an analog connection to the Customer’s PBX that is equipped with an analog line card interface or other analog line based Customer Equipment like a fax machine. A variety of features, including line hunting, are offered, as described more fully below and in the applicable Service Order.

Toll-Free Service for Spectrum Trunking: If Customer selects Spectrum Toll-Free Service for use with Trunking Service, Customer will receive voice service consisting of one or more toll-free numbers and access to a variety of optional screening and routing features including:
 Origination Screening: Allows or disallows a n originating call made to a single toll -free number based on the originating Number Plan Area (NPA) and/or prefix (NXX) of the caller.  Origination Routing: Routes an originating call made to a single toll-free number to a pre-determined Direct Inward Dialing (DID) number location based on the originating NPA and/or NXX of the caller.  Schedule-Based Routing: Routes an originating call made to a single toll-free number to a pre-determined DID number location based on the time of day, day of week or day of year.  Percentage Call Allocation: Routes an originating call made to a single toll -free number to any of two or more pre- determined DID number locations based on the Customer’s allocated traffic percentage between the DID number locations.
 Toll-Free Dialed Number Identification Service (DNIS): Provides the original called toll -free number to the terminating location, if the toll-free number/call is terminated to the Spectrum Trunking Service.

Note: Spectrum Toll-Free Service must terminate to a Spectrum Trunking Service. Not all Toll-Free Service features may be available in all areas.

E911 Location Plus: If Customer selects Spectrum E911 Location Plus for use with Trunking Service, Customer may add or manage station level address information (for example, floor, suite, or office number) for telephone numbers at a Service Location for Customer’s E911 address records through use of the E911 Location Plus self-service web portal. E911 Location Plus may be used by a Customer operating its own multi -line telephone system in an office or apartment building, or other similar building environment that wishes to provide location information for its station level telephone numbers.

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Spectrum Hosted Communications Services:

Spectrum Hosted Voice Service: If Customer selects Hosted Voice Service delivered over fiber or coax, Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of feature s, and (iii) voice service technical assistance described more fully below and in the applicable Service Order .

Spectrum Hosted Voice for Hospitality Service: If Customer selects Hosted Voice for Hospitality Service delivered over fiber or coax, Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of features, and (iii) voice service technical assistance. Customer may also receive Property Management System integration and other services, including a variety of features, as described more fully below and in the applicable Service Order.

Spectrum Hosted Call Center: If Customer selects to receive Spectrum Hosted Call Center Service; Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of features, and (iii) voice service technical assistance, as described more fully below and in the applicable Service Order.

Unified Communications Service : If Customer selects Unified Communications Service , Customer will receive a combination of (i) instant messaging and presence service, (ii) video calling service, (iii) desktop sharing service, (iv) conferencing, and (v) web collaboration service, or other features as described more fully below and in the applicable Service Order. Unified Communications Services may also be available in personal computer, mobile phone, and tablet application formats where features, functionalities, and capabilities will differ based on the device used to access the Unified Communications Service (i.e., “soft phone service”). If Customer selects a soft phone service, it will be offered as a separate inbound and outbound service and Customer must choose one or both services prior to installation. Customer may later modify i ts selection in writing. If Customer or an End User accesses the Hosted Communications Services through use of an application, certain features, functionalities, or capabilities, such as two-way calling, may not be available. 911 CALLING WILL NOT BE AVAIL ABLE WITH SOFT PHONE SERVICE. When using such an application , Customer and End Users are subject to the terms of such application and the terms of this Service Agreement (including this Attachment). Customer must agree to and accept applicable Cisco WebEx terms prior to using the service including the i) Cisco Universal Cloud Terms available at https://www.cisco.com/c/en/us/about/legal/cloud -and-software/universal -cloud-agreement.html , (ii) Cisco Privacy Data Sheets for WebEx Meetings and WebEx Teams available at https://trustportal.cisco.com/c/r/ctp/trust - portal.html#/customer_transparency, and (iii) Cisco End User License Agreement for the Cisco client software installed by End User available at www.cisco.com/go/eula (collectively, the “ WebEx End User Terms”).

Changes made to the features, functionalities, capabilities of the Unified Communications Service, or to an application accessing Spectrum Hosted Communications Service, shall be in Spectrum’s sole discretion.

Unified Communications over Wireless Internet Backup : If Customer selects Unified Communications over Wireless Internet Backup Service, Customer will receive Wireless Internet Backup Service as described in Attachment G for Unified Communications Service provided at Customer’s location(s) specified in an applicable Service Order. Unified Communications over Wireless Internet Backup Service is subject to availability and the terms and conditions in Attachment G and the applicable Service Order.

Service Descriptions: Spectrum’s Voice Services and Hosted Communications Services listed above are described in Customer’s Service Order, and/or in Spectrum’s usage pricing plans, and online product descriptions, as applicable, on Spectrum’s website at https://enterprise.spectrum.com/services/voice.html.

COMMUNICATIONS SERVICES TERMS AND CONDITIONS:

If ordered by Customer, Customer’s use of the Voice Services and Hosted Communications Services (collectively, “Communications Service”) is subject to the following additional terms and conditions:

1. Availability of Facilities and Service Modifications :
( a) Services and associated products, facilities, equipment, features and functions will be available in accordance with the terms of this Attachment, where technically and operationally feasible. The quantity of business lines for each Service Location is dependent on the technical feasibility at that specific location. Additional construction and facilities may be required to provide requested Communications Services at Customer's expense. Customer must pay for any special construction prior to the activation of service and/or cancellation of contract. ( b) Spectrum is not obligated to provide Communications Services if Customer intends to or uses the Communications Services (i) to interfere with or impair any service over any facilities and associated Spectrum Equipment or impair the privacy of any communications over such facilities and associated Spectrum Equipment; (ii)

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to sell, res ell, sublease, assign, license, sublicense, share, provide, or otherwise utilize in conjunction with a third party (including, without limitation, in any joint venture or as part of any outsourcing activity) the Communications Services or any component or combination thereof; or (iii) in any manner that results in non-standard calling patterns or practices, including but not limited to, use of the Communications Service for high-volume auto -dialing, continuous or extensive call forwarding, high-volume telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting for services with unlimited local and long distance calling plans, and PBX hacking or modem hijacking resulting in excessive usage of long distance service (collectively, “Prohibited Use ”). In addition, Prohibited Use shall include augmentation of the Communications Service or Communications Service features, in any way as to change the functionality of the Communications Service or its component features in any manner that is inconsistent with standard commercial calling patterns and practices or the terms of this Service Agreement. Such non- standard calling patterns and practices include, but are not limited to, use of three-way calling, or call forwarding, that results in unusually high traffic volumes or excessive long distance usage. A non-standard calling pattern may also include, when Customer’s long distance calling minutes from (i) calls terminating to Alaska, (ii) calls terminating to Guam, (iii) calls terminating to a conference calling service operating in areas with high carrier access rates (e.g., rates that carriers pay one another for network use), or (iv) calls terminating to a chat line service, in the aggregate exceed ten percent (10%) of Customer’s total long distance minutes in any one-month billing cycle ( c) Spectrum may, from time to time, offer additional Communications Service features or functionality, or discontinue certain Communications Service features or functionality. Information about these features or functions will be available at https://enterprise.spectrum.com/services/voice.html . These additional Communications Services, features , or functions may be subject to additional specific terms and conditions, and may be subject to change at any time by Spectrum.

2. Customer -Premise Equipment : Communications Services may require Customer -premise equipment. If required, Spectrum will supply such equipment for so long as Customer remains a Communications Service Customer.

Depending on the Communications Service plan, there may be a monthly charge for the equipment. Upon terminatio n of Communications Service for any reason, Customer shall return the Spectrum -supplied equipment within thirty (30) days or Customer will be charged an equipment fee equal to the fee charged by Spectrum at the time the equipment was supplied by Spectrum. An exception to this return policy is when the equipment is also supporting Internet service, in which case Customer may continue to use the equipment until such time as Internet is no longer provided or Spectrum requests a substitution of the equipment.

3. Communications Service Limitations :
(a) Unavailable Services; Call Blocking , Fraud , and N11 . Spectrum does not offer or provide certain operator - assisted services such as dial around services (10-10-XXX), pay services, and third-party billing . Spectrum may use network management practices to block calls that have unassigned, invalid, or fraudulent numbers, that are identified as spam or malicious, that have suspicious calling patterns, or as otherwise permitted by applicable law. Calls blocked using these network management practices will not be delivered to Customer . Spectrum also blocks access to calls with 900 and 976 area codes and to international chat lines. Spectrum will initiate toll blocking if Customer’s excessive use of any toll has surpassed the threshold set by Spectrum and/or Customer’s account is delinquent. Notwithstanding any other provision of the Service Agreement or this Attachment, Spectrum may block calls which (i) are made to certain countries, cities, or central office exchanges, or (ii) use certain authorization codes, as Spectrum, in its sole discretion, deems reasonably necessary to prevent unlawful or fraudulent use of Communications Services. In addition, certain “N11” services (three digit dial codes such as 211) may not be available in all serving areas.

(b) Service Outages . Communications Service modems are electrically powered and will not work in a power outage or if the required broadband connection is disrupted or not operating. In the event of power outages, the modem, including all phones and Services connected to or powered by it, will not work. Power outages will disrupt Enhanced 911 (“ E911”) service and the use of Communications Service as the connection between a security system and central monitoring services. COMMUNICATIONS SERVICE DOES NOT HAVE ITS OWN POWER SUPPLY. IF

THERE IS A POWER OUTAGE, OR IF THERE IS A DISRUPTION TO THE SPECTRUM NETWORK OR FACILITIES, COMMUNICATIONS SERVICE WILL NOT WORK. CUSTOMER ACKNOWLEDGES THAT IN SUCH CASES IT WILL NOT BE POSSIBLE TO PLACE OR RECEIVE CALLS INCLUDING CALLS TO ACCESS EMERGENCY 911 SERVICES.

(c) Security Systems and Alarm Systems . Although Spectrum will supply a connection (such as an analog line connection), that may allow the operation of Customer's existing security system, alarm system or other non -voice system (such as an elevator alarm line), Spectrum does not guarantee that any such system will be in complete operational order following the installation of Communications Service. As such, it is Customer’s obligation to contact its security, alarm or other system provider to inform them of the Communications Services installation , and any change in phone number, and to request a complete operational test of their system immediately following installation of the

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Communications Services. Spectrum does not provide power back up and is not responsible for the operation of any Customer security, alarm, or any other system in connection with Customer Equipment and, specifically, where the Customer Equipment does not have power backup (e.g., battery backup). In addition, it is Customer's responsibility to test its system on a regular basis. Spectrum does not represent that the Service is fail-safe.

Customer is solely responsible for obtaining such testing, ensuring that such testing is completed in a timely manner, and confirming that the security system and any related Customer Equipment at the Service Location connected to the Communications Service operate properly. Customer is solely responsible for any and all costs associated with this activity. In all cases, it is Customer's responsibility to ensure that use of the Communications Service meets all applicable regulations.

(d) Prohibited Use: Spectrum prohibits the use of Communications Service as the connection between medical alert systems and a central monitoring station or a fire alarm, and Spectrum will neither connect to such services nor provide technical support for the connection.

4. Use of Services . Customer is solely responsible for: (i) prevention of Prohibited Use and unauthorized, unlawful, or fraudulent use of, or access to, Communications Services, which use or access is expressly prohibited; and (ii) administration and non-disclosure of any authorization codes provided by Spectrum to Customer. Spectrum may require Customer to immediately shut down its transmission of signals if Spectrum concludes, in its sole discretion, that such transmission is a Prohibited Use or causing interference to other customers or with other transmissions generally.
( a) Spectrum reserves the right (I) to refuse to provide, discontinue, or temporarily suspend Communications Services to or from a Service Location where the necessary facilities or equipment are not available under terms and conditions reasonably acceptable to Spectrum, or (ii) to limit or block Communications Services to and from any Service Location or the use of any authorization code, without any liability whatsoever, in the event that Spectrum detects or reasonably suspects either (a) Prohibited Use or fraudulent, or unlawful use of the Communications Services, or use of the Communications Service in violation of the Service Agreement or this Attachment, or (b) consumption of Communications Services in excess of the credit limit (if any).

( b) Customer’s outgoing calls must use an active, valid telephone number assigned to Customer. Use of invalid or unassigned telephone numbers are prohibited for outgoing calls. Customer is responsible for (i) securing its Customer Equipment against placement of fraudulent calls, and (ii) ensuring that Customer Equipment is not being use d for any Prohibited Use or fraudulent use or access with Communications Services. Customer shall be responsible for payment of all applicable charges for Communications Services and charged to Customer’s accounts, even where those calls are originated by fraudulent means either from Customer’s Service Location or from remote locations. Spectrum is not liable for any damages, including toll usage charges, Customer may incur as a result of the unauthorized use of its telephone facilities. This unauthorized u se of Customer’s facilities includes, but is not limited to, the placement of calls from the Service Location, and the placement of calls through Customer Equipment that are transmitted or carried on Spectrum’s Network. Customer shall ensure that all uses by Customer, whether authorized by Customer or not, of the Spectrum Equipment or the Communications Services installed at the Service Location comply with all applicable laws, rules, regulations, and the Service Agreement (including this Attachment).

( c) Spectrum has the right to limit the Communications Service to reasonable quantities of minutes and messages used or consumed by Customer to prevent Prohibited Use and to maintain a high level of service for other Spectrum customers.

5. Access to Telecommunications Relay Communications Service : Telecommunications Relay Service (“TRS”) enables deaf, hard -of-hearing or speech-impaired persons who use a Text Telephone (“TT”) or Caption Telephone (collectively, “TDD”) or similar devices to communicate with the hearing population not using TDD. It also allows the hearing population not using a TT to communicate with deaf, hard -of-hearing, or speech -impaired persons who do use a TDD. Customer will be able to access the state provider to complete such calls by either dialing the applicable telephone number directly or by dialing the number 711, where available. Spectrum may bill Customer a monthly surcharge in order to fund the TRS system.

6. 911 Services :
( a) CUSTOMER ACKNOWLEDGES THAT THE VOICE-ENABLED FIBER CONNECTION, CABLE MODEM, INTEGRATED ACCESS DEVICE (“IAD”) OR OTHER SPECTRUM EQUIPMENT USED TO PROVIDE

COMMUNICATIONS SERVICE ARE ELECTRICALLY POWERED AND THAT COMMUNICATIONS SERVICE, INCLUDING THE ABILITY TO ACCESS 911 AND E911 SERVICES AND ALARM, SECURITY, AND OTHER

MONITORING SERVICES, MAY NOT OPERATE IN THE EVENT OF AN ELECTRICAL POWER OUTAGE, A

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SPECTRUM NETWORK SERVICE INTERRUPTION, OR A THIRD-PARTY NETWORK SERVICE INTERRUPTION IF

THE COMMUNICATIONS SERVICE IS PROVIDED AS AN OVER-THE-TOP OR OFF-NET (TYPE II) SERVICE USING A THIRD PARTY’S NETWORK. CUSTOMER ALSO ACKNOWLEDGES THAT, IN THE EVENT OF A POWER OUTAGE

AT A SERVICE LOCATION, ANY BACK -UP POWER SUPPLY PROVIDED WITH A SPECTRUM -PROVIDED VOICE -

ENABLED CABLE MODEM, IAD, OR OTHER SPECTRUM EQUIPMENT USED IN DELIVERING THE

COMMUNICATIONS SERVICE MAY ENABLE SERVICE FOR A LIMITED PERIOD OF TIME OR NOT AT ALL,

DEPENDING ON THE CIRCUMSTANCES, AND THAT THE USE OF A BACK-UP POWER SUPPLY DOES NOT ENSURE THAT COMMUNICATIONS SERVICE WILL BE AVAILABLE IN ALL CIRCUMSTANCES. CUSTOMER SHALL

ADVISE EVERY END USER OF COMMUNICATIONS SERVICE THAT SPECTRUM VOICE -ENABLED CUSTOMER

EQUIPMENT IS ELECTRICALLY POWERED AND, IN THE EVENT OF A POWER OUTAGE OR SPECTRUM NETWORK SERVICE INTERRUPTION, COMMUNICATIONS SERVICE AND 911 OR E911 MAY NOT BE AVAILABLE. CUSTOMER SHALL DISTRIBUTE TO ALL END USERS OF COMMUNICATIONS SERVICE

LABELS/STICKERS (TO BE SUPPLIED BY SPECTRUM) AND INSTRUCT ALL END USERS OF COMMUNICATIONS

SERVICE TO PLACE THEM ON OR NEAR THE EQUIPMENT USED IN CONJUNCTION WITH THE COMMUNICATIONS SERVICE.

( b) Customer is not permitted to move Spectrum Equipment from the Service Location in which it has been installed. If Customer moves any of the voice-enabled cable modem, IAD, or other Spectrum Equipment to an address other than the Service Location identified on the Service Order, calls from the modem, IAD, or other Spectrum Equipment to E911 will appear to E911 emergency service operators to be coming from the Service Location identified on the Service Order and not the new address. Customer shall be solely responsible for directing emergency personnel at the customer premises at each Service Location.

( c) Customer will be notified by Spectrum as to whether the Communications Service to which Customer subscribes includes the capability to support E911 service from multiple locations or from a location other than the Service Location. Customer agrees that Spectrum will not be responsible for any losses or damages arising as a result of the unavailability of Communications Service, including the inability to reach 911 or other emergency services, the inability to contact a security system or other monitoring service provider or any failure or fault relating to Customer Equipment, facilities or services, the use of third-party enterprise 911 solutions, or Customer’s attempt to access Communications Service from a remote location.

( d) In some geographic areas, Communications Service does not provide the capability to support E911 service from any location other than the Service Location. In those areas, if Customer intends to assign telephone numbers to one or more locations other than the Service Location, Customer shall obtain from the incumbent LEC, a competitive LEC, or Spectrum a local telephone line or lines and ensure that (i) the address(es) associated with the additional location(s) are loaded into the 911 database by the provider of the local telephone line(s) such that 911 calls will deliver to the 911 answering point the actual location and address of the 911 caller and (ii) all 911 calls originated from the additional location(s) are transported and delivered over those local telephone lines. IN SUCH AREAS,

CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SPECTRUM, ITS AFFILIATES, ITS

SERVICE PROVIDERS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND

AGENTS, FROM AND AGAINST THIRD PARTY CLAIMS, LIABILITIES, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ AND OTHER PROFESSIONALS’ FEES, ARISING OUT OF OR RELATING TO 911

CALLS MADE BY END USERS OF THE COMMUNICATIONS SERVICE FROM LOCATIONS OTHER THAN THE SERVICE LOCATION.

( e) If Customer orders E911 Location Plus, (i) Customer may add and/or manage station level address information for telephone numbers at the Service Location through use of the E911 Location Plus self -service web portal; (ii) Customer shall be solely responsible for complying with all applicable local, state, and federal laws, rules, regulations and requirements for operation and use of a multi-line telephone system and for providing accurate station level address information (i.e., the applicable characters fo r display at a 911 operator) for Customer’s telephone numbers; (iii) Customer will transmit the telephone number to Spectrum that is associated with the station that placed a 911 call; and (iv) Customer will ensure the initial and continuing accuracy of th e station level address information for each Customer telephone number in the E911 Location Plus self -service web portal. Updates or modifications to station level address information in the E911 Location Plus self -service web portal may require up to 24 h ours for implementation and/or updating. Non -Spectrum telephone numbers are not supported and may not be entered into the E911 Location Plus self -service web portal. Notwithstanding Customer’s use of E911 Location Plus, Customer is solely responsible for directing emergency personnel at the Service Location.
(f) Customer shall not use the Communications Services, or allow the Communications Services to be used, (i) to provide 911 or E911 services; (ii) route 911 or E911 traffic to any public safety answering point, statewide default answering point, or appropriate local emergency authority or emergency responders; or (iii) for any automatic location information services related to E911 or in any other manner that would cause, or be likely to cause, Spectrum to qualify as a “Covered Service Provider” as defined in 47 C.F.R. §9.19 or any successor provision of the rules of the

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Federal Communication Commission. Any breach of this provision shall constitute a material breach of the Service Agreement.

( g) CUSTOMER ACKNOWLEDGES THAT SPECTRUM’S “ANYWHERE CONNECT” OR OTHER SOFTPHONE SOFTWARE OR APPLICATIONS (COLLECTIVELY “SOFTPHONE APPLICATIONS”) ARE NOT A REPLACEMENT FOR MOBILE OR FIXED LINE VOICE SERVICES. SOFTPHONE APPLICATIONS DO NOT PERMIT END USERS TO MAKE 911 OR OTHER EMERGENCY CALLS. CUSTOMER SHALL PROVIDE ALTERNATIVE COMMUNICATION OPTIONS TO ENABLE END USERS TO MAKE 911 AND OTHER EMERGENCY CALLS WHEN USING SPECTRUM’S SOFTPHONE APPLICATIONS.

7. Custom Caller -ID (Voice Services only): If Customer activates Custom Caller ID for Trunks, which permits a customer to define the telephone number that Spectrum makes available to call recipients for Caller ID purposes, the telephone number chosen must be an active, valid telephone number that is assigned to Customer. Custom Caller ID for Trunks may be used only where Customer employs Customer Equipment that ensures that 911 and other emergency calls placed by an end user are routed to an appropriate public safety answering point or other responding agency based on the caller’s location, in a manner consistent with applicable law. If Customer activates Custom Caller ID, they must configure their PBX to out-pulse am active, valid telephone number that is assigned to the Customer and that accurately identifies the Service Location for each outbound call including emergency 911 calls to be handled by that PBX. By activating Custom Caller ID for Trunks, Customer represents and warrants that it employs such a Customer Equipment solution and agrees to continue using such a solution until Customer discontinues its use of Custom Caller ID for Trunks.

Telemarketers or other entities using Custom Caller ID for Trunks must comply with applicable federal and state laws, including obligations requiring identification of: (i) the telemarketer or the party on whose behalf the telemarketing call is made and (ii) the calling party’s number (“CPN”), automatic number identification (“ ANI”), or customer service number of the party on whose behalf the telemarketing call is made.

The use of incorrect or fictitious CPN, ANI, or other calling party information on such telemarketing calls is prohibited.

Custom Caller ID for Trunks may not be used by any person or entity in connection with any unlawful purpose .

Customer shall provide proof of telephone number assignment (e.g., by business agreement or evidence the user has access to use the number) upon Spectrum’s request.

8. Cross Rate Center Telephone Numbers : If Customer orders or utilizes telephone number(s) with Spectrum Trunking Service that are associated with a rate center that is different than the rate center where the Spectrum trunking service is located, (i) Customer’s telephone number(s) will be pr ovisioned as Direct Inward Dialing (DID) numbers on the Spectrum Trunking Service (referred to as “Cross Rate Center DIDs”); (ii) all calls originated from the Cross Rate Center DIDs will be rated based upon the rate center associated with the Spectrum Trunking Service location; and (iii) the address information for E911 calls from the Cross Rate Center DIDs shall be the address associated with the Spectrum Trunking Service location. Cross Rate Center DIDs may not be available in all Spectrum service areas, and Customer may purchase Remote Call Forwarding (RCF) or Remote Number Forwarding (RNF) in service areas where Cross Rate Center DIDs are not available.

9. Centralized PBX Support : If Customer orders Centralized PBX Support for a Customer PBX that serves multiple Customer locations (each, referred to as a “Remote Site”), Customer will connect each Remote Site to a single site on the Customer’s network (referred to as a “Hub Site”) and Spectrum Trunking Service will be installed at the Hub Site. The demarcat ion point for each Remote Site will be the Hub Site location where the Spectrum Trunking Service is installed. Customer is responsible for the quality of the network and connections, including the voice Quality of Service (QOS), on its side of the demarcat ion point, unless such network and connections are provided by Spectrum. Additionally, the following requirements are applicable to Centralized PBX Support:

(a) Telephone numbers utilized at each Remote Site (i) must be associated with the rate center where t he Remote Site is located, and (ii) must be in a Spectrum service area.

(b) Cross rate center telephone number assignment is not permitted with Centralized PBX Support. Customer may purchase Remote Call Forwarding (RCF) or Remote Number Forwarding (RNF) if a Remote Site requires telephone numbers that are associated with a rate ce nter that is different than the rate center where the Remote Site is located.

(c) The address information for E911 calls from a Remote Site shall be the address associated with the Remote Site. Customer is solely responsible for providing Spectrum with accur ate telephone number and service address information for each Remote Site. Customer must contact Spectrum before moving telephones or telephone numbers

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to any address other than the Remote Site, otherwise calls from the telephones or telephone numbers will appear to E911 emergency service operators to be coming from the Remote Site and not the new address.

(d) Spectrum will calculate and remit 911 fees for each Remote Site based on state and local regulations at the address where telephone(s) and telephone nu mber(s) are located and emergency services are dispatched.

10. All calls from a Remote Site will be rated based upon the rate center associated with telephone number(s) at the Remote Site. Access: Customer agrees to provide Spectrum and its authorized agents with access to Customer’s internal telephone or local area network wiring at the network interface device or at some other minimum point of entry in order to facilitate the installation and operation of Communications Service over existing wiring.

Customer hereby authorizes Spectrum to make any requests to Customer’s landlord, building owner and/or building manager, as appropriate, and to make any requests to other or prior communications service providers, as necessary and appropriate, to ensure that Spectrum has all access to inside wiring and cabling necessary and sufficient to efficiently and securely install Communications Service and all related Spectrum Equipment. The agents and employees of Spectrum shall have the rig ht to enter the Service Location at any reasonable hour for the purpose of installing, inspecting, maintaining, or repairing Spectrum Equipment, instruments and/or lines, or upon termination of the Communications Service, for the purpose of removing such S pectrum Equipment, instruments, and/or lines.

Exclusively for Businesses : Communications Services are offered to businesses only and are not available for residential use .

11. Customer Equipment : Spectrum’s obligation is to provide Communications Services to the customer - accessible interface device or equipment installed by Spectrum at the Spectrum Network Demarcation Point at the Service Location. The “Demarcation Point ” is the point of interconnection between the Spectrum Equipment or other facilities and the wiring at the Service Location. Customer is responsible for ensuring that all such Customer Equipment conforms to the Federal Communications Commission's requirements set forth in Part 68 of the Code of Federal Regulations (as amended), and Spectrum may discontinue the provision of Communications Services to any location where Customer Equipment fails to conform to such regulations.

Customer shall be solely responsible for satisfying all legal requirements for interconnecting Customer -provided terminal equipment or communications systems with other provider’s facilities, including, without limitation, application for all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection. Satisfaction of all legal requirements, an y interface equipment or any other facilities necessary to interconnect the facilit ies of Spectrum and other providers must be provided at Customer's sole expense.

12. CPNI: As a provider of telecommunications and interconnected VoIP services, Spectrum takes seriously its responsibility to protect the confidentiality of its customers’ proprietary network information (“CPNI”). Spectrum is committed to protecting its telecommunications and interconnected VoIP service customers’ CPNI in accordance with app licable regulatory and statutory requirements. CPNI is customer -specific data that is collected by Spectrum in the course of providing telecommunications or interconnected VoIP services to its customers, and includes information relating to the quantity, technical configuration, type, destination, location, and amount of telecommunications and interconnected VoIP service usage by Customer, and information contained in Customer’s bills that is obtained by Spectrum pursuant to its provision of telecommunicati ons or interconnected VoIP service. Customer CPNI will be protected by Spectrum as described herein, in the Spectrum Privacy Policy and in accordance with applicable federal and state requirements.

Notwithstanding anything else in this Agreement, the following shall not be CPNI: (i) Customer’s directory listing information (i.e., Customer’s name, address, and telephone number), and (ii) aggregated, deidentified and/or compiled information that does not contain individual customer characteristics, even if CPNI was used as a basis for such information.

(a) Spectrum may use and disclose Calling Details and CPNI when required by applicable law.

(b) Spectrum may use Calling Details and CPNI and share (including via email) Calling Details and CPNI with its partners and contractors, as well as with Customer’s employees and representatives, without Customer consent: (i) to provide services and bills to Customer; (ii) pursuant to applicable law; (iii) to protect the interests of Spectrum, Customer and related parties in preventing fraud, theft of services, abuse, harassment and misuse of telephone services; (iv) to protect the security and integrity of Spectrum Network systems; and (v) to market additional Spectrum services to Customer that are of the same category as the services that Customer purchases from Spectrum.

(c) Spectrum will obtain Customer’s consent before using Calling Details or CPNI to market to Customer Spectrum services that are not within the categories of Services that Customer purchases from Spectrum. Customer agrees that Spectrum will not be liable for any losses or damages arising as a result of disclosure of Calling Details or CPNI in accordance with the terms of this Attachment.

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(d) Spectrum will respond to Customer requests for Customer Calling Details only in compliance with Spectrum’s then- current authentication requirements and applicable law. Such authentication requirements may require Customer to obtain a secure password, which may be required for both online and telephone requests for Calling Details. Spectrum will notify Customer of any requests to change account passwords, activate online account access, and change Customer’s account address of record. Spectrum may provide such notice by voicemail, by email or by regular mail to Customer’s prior account address of record.

(e) Customer may identify a person or persons who are authorized to request Calling Details by executing an Agency Letter provided by Spectrum upon request. Customer is responsible for: (i) ensuring that Spectrum receives timely notice of any changes to the list of authorized individuals identified in the Agency Letter. Spectrum will not be liable to Customer for any disclosure of Calling Details (including CPNI) that occurs if Spectrum has c omplied with the Agency Letter.

(f) Provided that Customer is served by at least one dedicated Spectrum representative under this Attachment B, Spectrum may use any one of the authentication methods specified below to confirm that a person seeking Customer CPNI (including, without restriction, call detail records) is authorized to receive it. Spectrum will not be liable to Customer for any disclosure of CPNI (including call detail records) that occurs if Spectrum has complied with one or more of these authentication methods.

 Agency Letter. As provided in paragraph 12.e, Spectrum may provide CPNI to any individual pursuant to the terms of an Agency Letter.
 Circuit ID. Spectrum may provide Customer CPNI to an individual that correctly identifies a Customer Circuit ID— i.e., a Spectrum-specific identifier assigned to a data or voice network connection between two locations.  Premier Code. Spectrum may provide Customer CPNI to an individual that correctly identifies Customer’s Premier Code—i.e., a 4-digit code that Spectrum may provide to Customer.  Security Code (CPNI code) Spectrum may provide Customer CPNI to an individual that correctly identifies the account’s security code – i.e., a 4-digit code that Spectrum may provide to Customer.  Last 4 digits of any MAC addresses listed on account. Spectrum may provide Customer CPNI to an individual that correctly identifies the last 4 digits of the MAC address of any Spectrum-issued device listed on the account – i.e., a cable modem, telephony equipment, set top boxes, etc.  Full serial number of any piece of Spectrum Equipment on Customer’s account. Spectrum may provide Customer CPNI to an individual that correctly identifies the full serial number of any Spectrum-issued equipment listed on the account - i.e., a cable modem, telephony equipment, set top boxes, etc.

Spectrum reserves the right to add, remove, or alter these authentication methods in its sole discretion.

In the event of a conflict or inconsistency between the CPNI terms in this Attachment B and the remainder of the Service Agreement, the CPNI terms in Attachment B shall control.

13. Directory Listings : Spectrum will facilitate the inclusion of its business c ustomers in alphabetical white and yellow pages directories and/or electronic compilations, as requested and available in Spectrum's service area. These listings are intended as a resource for interested parties who can use them to find the telephone numbers of Spectrum customers who subscribe to Communications Services. Spectrum, in its sole discretion, may limit the length of any listing in a directory or electronic compilation by abbreviating the listing. Listings may be subject to additional rules and restrictions. Toll free and private number service may be available to Customer for an additional charge. A listing may be omitted from a directory or electronic compilation upon Customer’s request.

IN THE EVENT THAT A MATERIAL ERROR OR OMISSION IN CUSTOMER’S DIRECTORY LISTING INFORMATION, REGARDLESS OF FORM, IS CAUSED BY SPECTRUM, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY SHALL BE A SERVICE CREDIT IN AN AMOUNT SET BY SPECTRUM’S THEN-CURRENT STANDARD POLICIES OR AS PRESCRIBED BY APPLICABLE R EGULATORY REQUIREMENTS, IF ANY. SPECTRUM SHALL HAVE NO OTHER LIABILITY FOR ANY ERROR OR OMISSION IN ANY DIRECTORY LISTING INFORMATION.

14. Usage Rates/Minute Packages: Communications Services may be subject to usage pricing plans or minutes of use packages that apply charges for certain calls, including international calls and inbound toll-free calls. Unless otherwise specified in Customer’s Service Order or Contract, usage pricing plans or packages are available for Trunking Service at

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enterprise.spectrum.com/services/voice/enterprise-trunking/rates.html and for Unified Communications at enterprise.spectrum.com/services/voice/unified-communications/rates.html. Spectrum reserves the right to change its usage pricing plans and packages at any time.

15. Number Porting: Upon submission of a Service Order, Customer may port a telephone number within the rate center for its particular Service Location, or a toll-free number from an existing toll-free service provider, to Spectrum for use with Communications Services. Customer represents and warrants that it has all necessary rights and authority for any porting request, will provide copies of letters of authority authorizing the same upon request, AND SHALL

INDEMNIFY, DEFEND AND HOLD HARMLESS S PECTRUM AND ITS AFFILIATES FROM ANY THIRD-PARTY CLAIM RELATED TO OR ARISING OUT OF ANY PORTING REQUEST. Spectrum shall coordinate telephone number porting with Customer’s former local service provider (“ FLSP”) or former toll -free service provider, as appropriate, using the operational process for coordinating telephone number porting as prescribed by the appropriate regulatory authority.

Spectrum may receive requests to port a telephone number currently assigned to Customer to a third -party service provider. Customer agrees that until such time as the porting process has been completed and no further traffic for any ported telephone number traverses the Spectrum Network, Customer shall remain bound by the terms of the Service Agreement and this Atta chment (including, without limitation, Customer’s obligation to pay for any applicable Services) for any and all traffic which remains on any Customer telephone numbers. Notwithstanding the foregoing , Customer shall notify Spectrum at least five (5) business days in advance of Customer requesting more than twenty (20) telephone numbers to be ported from Spectrum to another service provider. Customer has no property right in telephone number(s) or any other call number designations associated with the Communication Services, and Spectrum may change such numbers as deemed necessary.

16. Call Redirect : If a PRI Service, Analog Lines over Fiber, or Hosted Communication Service Customer elects to redirect calls to an alternate number and if the receiving telephone number is charged as domestic long distance, charges will be applied against Customer’s MOU package on the account or, if exceeded, at the applicable long distance rates.

17. Fiber Internet Access Bundles : If Customer purchases a discounted bundled offering from Spectrum including a SIP Trunking Service or Hosted Communications Services combined with Spectrum Fiber Internet Access, Customer must have the or Hosted Communications Service installed and billing within four months after the provisioning and turn-up of the bundled data circuit.

The monthly recurring charge will revert to the non-bundled rate for the installed service if Customer fails to accept both Services within this timeframe.

18. Unified Communications Service Data: Spectrum and any third-party service provider Spectrum uses to provide Unified Communications Services may use Customer data provided to such service provider in the course of the performance of the Unified Communications Services, including but not limited to any personal data of Customer’s employees (“ UCS Data”), other than content transmitted by the Unified Communications Services, to (a) communicate with Spectrum or Customer, and (b) administer and/or perform this Service Agreement, any Service Order, and/or any agreement between Spectrum and such third-party service provider. Spectrum and such service provider may access or disclose UCS Data and related information, to: (i) satisfy legal requirements, comply with the law or respond to subpoenas, warrants or court orders, or (ii) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Spectrum’s or such service provider’s employees, customers or the public.

19. Voicemail; Call Recording and HIPAA. This paragraph shall apply if Customer is a Covered Entity or Business Associate under HIPAA. If Customer is a Covered Entity or Business Associate, and intends to create, receive, maintain or transmit protected health information (“PHI”) through the use of the Hosted Communications Services, Customer agrees that with regard to the Voice Services (i.e. telephone service alone), Spectrum is acting solely as a “conduit”. Under HIPAA, a “conduit” is a party that transports information but does not acc ess it other than on a random or infrequent basis necessary for the performance of the transportation service or as required by law. However, Customer agrees that it shall notify Spectrum, and the parties shall enter into Spectrum’s Business Associate Agreement, if Customer is to receive or store any PHI on the voicemail or call recording features of the Hosted Communications Services, both of which must occur before such receipt or storage of PHI. In such event, Customer further agrees that it shall not enable or otherwise use any “voicemail to e-mail” feature in connection with the Hosted Communications Services . As used herein, “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing rules and regulations, and “Covered Entity,” “Business Associate,” and “protected health information” shall have their respective meanings as defined by HIPAA.

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Attachment C

Spectrum Business High-Speed Internet Service
(“Internet Service”)

Spectrum Business High-Speed Internet Service 1: Internet access service implemented using a hybrid fiber/coax (“HFC”) or a fiber access network. Customer interface to the data network is via Ethernet connection. Internet Service enables a variety of upstream and downstream rates. If Customer elects to receive Internet Service, Spectrum shall provide connectivity from Customer site(s) to Customer’s data network.

Certain Internet Services, or features of Internet Services, may not be available in all service areas and may change from time to time, in Spectrum’s sole discretion. In addition, certain non -facilities-based services provided by third parties may be offered to Customer by Spectrum (“Third-Party Services”). Third Party Services may be subject to additional terms and conditions. Except to the limited extent described in this Attachment, Spectrum makes no warranties of any kind (express or implied) regarding Third-Party Services and hereby disclaims any and all warranties pertaining thereto (including implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose). Spectrum does not have title to and is not the manufacturer of any software or hardware components of any Third -Party Services nor is Spectrum the supplier of an y components of such software or hardware. IN NO EVENT SHALL SPECTRUM BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY THIRD-PARTY SERVICES.

If ordered by Customer, Customer’s use of the Internet Service is subject to the following additional terms and conditions:

1. Minimum Equipment Requirements. Customer shall maintain certain minimum equipment and software to receive the Internet Service (see www.business.spectrum.com for the current specifications). The minimum configur ation standards may change, and Spectrum will make reasonable efforts to support previously acceptable configurations; however, Spectrum is not obligated to continue to provide such support. Spectrum may supply Spectrum Equipment such as modems, gateways, routers, or wireless cards, for a fee, to operate the Internet Service. Spectrum reserves the right to provide service only to users with Spectrum-approved equipment. Customer acknowledges that such Spectrum Equipment may require updates and/or changes to the software resident in the Spectrum Equipment and that Customer may be required to perform such updates and/or changes. Customer hereby authorizes Spectrum to perform updates or changes, on-site or remotely from time to time as Spectrum deems necessary, in Spectrum's sole discretion. Customer will not connect any equipment, other than equipment authorized by Spectrum, to the Spectrum Network. When Spectrum installs the Internet Service, Customer will need a network interface card or adapter providing an Ethernet connection.

Alternatively, Customer may connect to a networking device (commonly referred to as a router or gateway).

2. Software. At the time of installation of the Internet Service, Spectrum may provide Customer with common Spectrum or third-party software (e.g., a browser and plug-ins) to enable and enhance the Internet Service, subject to the license terms and restrictions in the Spectrum Service Agreement. Customer hereby represents and warrants to Spectrum that Customer owns the operating s ystem software and associated use/license rights thereto for the computers that are connected to the Spectrum Network.

3. Internet Service Speeds . Spectrum shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth for the Internet Service selected by Customer, however, actual speed, also known as throughput rate, may vary. Many factors affect speed experienced by Customer as outlined in Spectrum’s Network Management Practices.

4. Security. Customer shall take comme rcially reasonable security measures when using the Internet Service and assumes sole responsibility for use of the Internet Service and for access to and use of Customer Equipment used in connection with the Internet Service and Spectrum Network.

5. Electronic Addresses; Mailboxes . All non -vanity email addresses, email account names, and IP addresses (“Electronic Addresses ”) provided by Spectrum (and not through Customer’s domain) are the property of Spectrum.

Customer may not alter, modify, sell, lease, assign, encumber or otherwise tamper with the Electronic Addresses.

1 Customers that purchased Internet services from Time Warner Cable Business Class, Brighthouse Networks, or Charter before June 11, 2017 may continue to receive the same Internet service plan, features, and supplemental services at the same prices offered as of June 11, 2017 (“Legacy Services”) until such time as Spectrum discontinues the Legacy Services by written notice to such Customers . If Customer elects to receive Spectrum Business Internet Services available as of June 11, 2017, then Customer will no longer be eligible to receive any Legacy Services, including, without limitation, any supplemental services or features that may not be available a s part of the Spectrum Business Internet Services. Please contact your Spectrum sales representative for further information.

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6. Mailboxes. Spectrum owns any and all mailboxes associated with the Internet Service and may reclaim such mailboxes at any time for any reason. Spectrum may also limit the number of n ew email addresses available per account and the number of email messages that may be sent within a 24 -hour time period. Spectrum may lock inactive mailboxes and prohibit the mailbox from receiving new email messages. Customer acknowledges that upon termi nation of Internet Service, Spectrum will suspend all accounts associated with the Internet Service and delete the contents of all mailboxes, if any. Deleted content cannot be recovered. Email addresses are not permanently retired and become eligible to be reused at Spectrum’s sole discretion.

7. Mail Storage. In no event will Spectrum be responsible for maintaining, and Spectrum will not guarantee storage of, email for any period of time. Spectrum also reserves the right to enforce email storage limits.

8. Cookies. Customer may access their Spectrum email account at https://www.spectrumbusiness.net or by using the Customer’s software application (e.g., Outlook, Outlook Express, Apple Mail). When accessing email at https://www.spectrumbusiness.net. Customer must have its Internet browser configured to accept cookies. Spectrum will notify the End User if the browser is not configured to accept cookies.

9. Changes of Address. Spectrum may change addressing schemes, including email and IP addresses provided by Spectrum.

10. Acceptable Use Policy. Customer shall comply with the terms of Spectrum’s Acceptable Use Policy (“AUP”) found at www.business.spectrum.com and that policy is incorporated by reference into this Service Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, supplemented or otherwise changed from time-to-time by Spectrum with or without notice to Customer. Spectrum may suspend Service immediately for any violation of the AUP.

11. Spectrum Business WiFi. Spectrum Business WiFi supported by a Spectrum-provided wireless router is a service available to certain Customers and provides wireless access to the Internet Service within the Service Locat ion (" WiFi Network"), for which Customer may be charged a fee consistent with Spectrum’s then -current practices. Customer must purchase Spectrum Internet Service in order to receive Spectrum Business WiFi. The Spectrum-provided WiFi router comes programmed with certain default settings and configurations for the WiFi Network. Customer may modify the default settings and configurations on the Spectrum -provided WiFi router although Spectrum recommends maintaining the default configuration and settings. Spectrum does not guarantee the security of the Spectrum-provided WiFi router and Customer's connection to the Internet Service via the WiFi Network. Customer understands and agrees that Customer is solely responsible for the security of its WiFi Network and mu st enable and use encryption in order to access Spectrum -provided applications. Customer understands that this service is intended to be used by the Customer and its End Users and that Spectrum accepts no liabilities for any third-party usage.

12. The Spectrum-provided WiFi router will collect and maintain certain information regarding access to and use of the WiFi Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by Spectrum to provide the Internet Service and support, as well as for Spectrum’s internal business analytics regarding the use of the Internet Service. Customer acknowledges and agrees that Spectrum sha ll have access to the network name and password associated with the Spectrum-provided WiFi router in order to provide support and diagnostic services. Spectrum reserves the right to modify the WiFi network name and password for the Spectrum -provided WiFi r outer in order to safeguard Internet security, the security and privacy of Customer's information, where required by law, or for other good cause to provide, upgrade, and maintain the Internet Service, and protect the network, other users of the Internet, or our customers and subscribers. Abusive, vulgar, offensive, inappropriate or profane WiFi Network names are prohibited and may be modified in Spectrum’s sole discretion. Customer acknowledges that the Spectrum-provided WiFi router is Spectrum Equipment.

13. Spectrum Business WiFi Hotspot. Spectrum reserves the right to preconfigure the Spectrum-provided WiFi router to distribute a wireless Internet access point (i.e., a Spectrum Business WiFi Hotspot, a “ WiFi Hotspot”) separate from the WiFi Network. Any use of bandwidth from such wireless access point by third parties will not be considered to be use by the Customer for any purpose. Customer shall have the right to disable such WiFi Hotspot, and shall not be responsible for the security of the WiFi Hotspot.

14. To be eligible to receive the WiFi Hotspot, Customer must be receiving Spectrum Internet Service. Subject to the foregoing, Spectrum will, and Customer grants Spectrum permission to, attach, install, maintain, operate, and upgrade WiFi- related equipment, cables and devices (“WiFi Equipment”) on and within the Service Location. The WiFi Equipment will be operated by Spectrum, at no cost to Customer, in order to provide the WiFi Hotspot at the Service Location(s). Customer agrees to provide a standard power source for operation of the WiFi Equipment.

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(a) Customer’s use of the WiFi Hotspot is subject to the following additional terms and conditions:

i. The WiFi Hotspot made available at Service Location(s) may be accessed by Customer and its End Users through their Spectrum accounts for no additional charge. ii. To access the WiFi Hotspot, Customer and its End Users and patrons must have a WiFi -enabled device that meets the technical specifications for the WiFi Hotspot. iii. Customer grants Spectrum the right to advertise, market and otherwise promote Customer’s location(s) as a WiFi Hotspot access point(s), in any and all forms of media now known or hereafter developed, in Spectrum’s sole discretion, and Customer grants Spectrum a license to use Customer’s names, trademarks and logos in connection with such advertising, marketing and promotion. iv. Customer will not be entitled to receive any refunds or credits should the WiFi Hotspot be interrupted or fail, regardless of the length of time during which the WiFi Hotspot is unavailable. v. All WiFi Equipment constitutes Spectrum Equipment. Customer may not relocate or disconnect the WiFi Equipment.

15. Desktop Security Service. Desktop Security Service is made up of software and hardware components. Spectrum is not the manu facturer or supplier of any software or hardware components of the Desktop Security Service. Spectrum shall update the Desktop Security Service from time-to-time based on manufacturer-provided updates.

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Attachment D

Fiber Internet Access Service (“FIA Service”)

Fiber Internet Access: If Customer elects to receive the FIA Service, Spectrum shall provide Customer with a dedicated, scalable connection over a packet -based infrastructure with Internet service provider (“ ISP”) peering between Customer’s data network identified on a Service Order and Spectrum’s facilities.

FIA Service, or features of FIA Service, may not be available in all service areas. Spectrum’s FIA Service is “ On-Net” if it is provided by Spectrum to Service Locations thr ough the Spectrum Network. Spectrum may, in its discretion, provide Customer with “Off-Net” services to geographic locations that are outside of Spectrum’s service area or are not currently connected to the Spectrum Network through third party service providers. In addition, certain non-facilities-based services provided by third parties may be offered to Customer by Spectrum (“ Third Party Services”). Third Party Services and Off- Net Services may be subject to additional terms and conditions.

If ordered by Customer, Customer’s use of the FIA Service is subject to the following additional terms and conditions:

1. FIA Service Speeds. Spectrum shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth for the FIA S ervice selected by Customer on the Service Order, however, actual speed, also known as throughput rate, may vary. Many factors affect speed experienced by Customer as outlined in Spectrum’s Network Management Practices.

2. Bandwidth Management. Spectrum shall have the right, but not the obligation, to (a) monitor traffic on its Network; and (b) monitor Customer’s bandwidth utilization and to limit excessive use of bandwidth (as determined by Spectrum) as Spectrum deems appropriate to efficiently manage the Spectrum Network. If Customer purchases Multi-Path FIA Service, Customer must ensure that no individual Path or data flow of such Service exceeds 2 Gbps (i.e. the rate of data transmission between any two MAC addresses and IP addresses). If Customer’s Multi-Path FIA Service includes a Path or data flow that exceeds 2 Gbps, Spectrum may limit such Path or data flow to 2 Gbps. For purposes of this Attachment, (i) “Path” shall mean a connection permitting data transmission between a MAC address and IP address and another MAC address and IP address, and (ii) “Multi-Path” shall mean FIA Services permitting data transmission between or among three (3) or more MAC addresses and IP addresses.

3. Acceptable Use Policy. Customer shall comply with the terms of Spectrum’s Acceptable Use Policy (“AUP”) found at https://enterprise.spectrum.com (or the applicable successor URL) and that policy is incorporated by reference into this Service Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, suppleme nted or otherwise changed from time -to-time by Spectrum with or without notice to Customer. Spectrum may suspend Service immediately for any violation of the Spectrum AUP.

4. DDoS Protection Services.
(a) This Section only applies if Customer elects to purc hase DDoS Protection Service (whether by monthly subscription or on a per incident basis) to enable detection of distributed denial of service (“DDoS”) attacks, receive notifications of attacks, mitigation services, and post-event reporting of DDoS attack activity. Spectrum monitors Customer Internet traffic as it travels across Spectrum’s Network to detect anomalies that are symptomatic of a volumetric DDoS attack, as reasonably determined by Spectrum (a “DDoS Attack”). Spectrum requires that Customer: (i) provide information regarding Customer’s Internet traffic before Spectrum can provision the DDoS Protection Service and (ii) cooperate with Spectrum to conduct mitigation testing in order to activate the DDoS Protection Service. After DDoS Protection Ser vice activation, Spectrum will monitor Customer’s Fiber Internet Access (FIA) network traffic flow for variations to the baseline traffic patterns. When the DDoS Protection Service detects an anomaly that is symptomatic of a DDoS Attack, the DDoS Protection Service alerts Spectrum. The DDoS Protection Service and associated countermeasures are configured to reduce disruption of Customer’s legitimate traffic, but Customer may experience slower Internet traffic speed during a DDoS Attack. Spectrum will remove the countermeasures and redirect Customer’s inbound network traffic to its normal path if Spectrum determines that the DDoS Attack has ended and there is no activity symptomatic of a DDoS Attack for an additional 4 hours. Customer may obtain status updat es and reporting from Spectrum through a customer portal, or other means as determined by Spectrum. During the provisioning process, Customer may designate whether Spectrum is to provide “Proactive” or “Reactive” mitigation services as further described be low. If Customer has designated Proactive mitigation, Customer may switch to Reactive mitigation and if Customer designated Reactive mitigation, Customer may switch to Proactive mitigation, at any time during the Initial Order Term. Spectrum will use commercially reasonable efforts to implement Customer’s change request within five (5) business days of receipt of Customer’s request.

(b) DDoS Proactive Mitigation Services: If Customer designates Proactive mitigation services, following service activation, Spectrum will automatically implement countermeasures upon Spectrum’s detection of a DDoS attack.

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(c) DDoS Reactive Mitigation Services: If Customer designates Reactive mitigation services, Customer understands that Spectrum will not automatically initiate a ny DDoS countermeasures unless and until a Customer representative calls Spectrum to notify Spectrum that Customer may be experiencing a DDoS Attack. If Spectrum has an existing ticket indicating detection of a DDoS Attack, Spectrum will use commercially reasonable efforts to initiate countermeasures within 15 minutes.

(d) Customer Requirements: Only Spectrum’s On-Net FIA Service are eligible to for DDoS Protection Services. DDoS Protection Service is provided on a per circuit basis. Spectrum’s ability to provide the DDoS Protection Services is contingent on (i) Customer providing accurate and timely information to Spectrum, including IP addresses and (ii) Customer- provided equipment and software being compatible with the DDoS Protection Service as determined by Spectrum in its sole discretion (e.g., Spectrum will not be able to provide a 3GB DDoS Protection Service if Customer has a 1GB Firewall).

(e) Disclaimers: Customer acknowledges the following additional terms for the DDoS Protection Services:
i. SPECTRUM DOES NOT SUPPORT, AND SHALL HAVE NO OBLIGATION TO PROVIDE, MITIGATION WITH RESPECT TO IPv6.
ii. DDoS mitigation only mitigate s the effects of certain types of DDoS attacks and is not designed as a comprehensive security solution. When Customer Intern et traffic is traveling over the Spectrum Network, Spectrum makes no guarantees that only DDoS attack traffic will be prevented from reaching the destination or that only legitimate traffic will reach Customer.
iii. Spectrum makes no warranty, express or implied, that: (1) with respect to DDoS Protection Service, all DDoS attacks will be detected; (2) DDoS Protection Service will successfully mitigate the incident, including without limitation if the DDoS attack generates a traffic volume that exceeds the amount of traffic that Spectrum can divert; or (3) the DDoS Protection Services will be uninterrupted or error-free.

(f) Termination:

If Customer terminates any FIA Service for which Customer has also subscribed to DDoS Protection Service for any reason other than Spectrum’s material, uncured breach, then Customer shall be deemed to have terminated the corresponding DDoS Protection Servi ce and Customer shall pay any applicable Termination Charges in accordance with the Service Agreement.

5. DDoS Protection Incident Services. DDoS Protection Incident Services is available if Customer is not an active DDoS Protection subscriber and requests one-time DDoS attack mitigation.

(a) Email Order. DUE TO THE URGENT NATURE TO MITIGATE A DDOS ATTACK, CUSTOMER MAY ORDER DDOS PROTECTION INCIDENT SERVICE VIA EMAIL . TO INITIATE DDOS PROTECTION INCIDENT SERVICE, CUSTOMER MAY AUTHORIZE COMMENCEMENT OF SERVICES VIA SPECTRUM’S THEN - DESIGNATED EMAIL ACCEPTANCE PROCESS. CUSTOMER’S AFFIRMATIVE REPLY ACCEPTING DDOS

PROTECTION INCIDENT SERVICE WILL CONSTITUTE A BINDING AGREEMENT BETWEEN CUSTOMER

AND SPECTRUM AND CUSTOMER SHALL PAY AN INCIDENT CHARGE FOR EACH MITIGATION WINDOW (DEFINED BELOW) IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT AND AS OUTLINED IN THE AGREED TO EMAIL ACCEPTANCE PROCESS. The per-Mitigation Window incident charge is based on the FIA circuit bandwidth and will be set forth in the email referenced herein. (b) During the provision of DDoS Protection Incident Service, Customer may elect to covert to subscription -based DDoS Protection Service by contacting Customer’s sales account representative. (c) Promptly after Spectrum’s receipt of the email indicating acceptance, DDoS Protection countermeasures will start the Mitigation Window. The DDoS Protection Service and associated countermeasures are configured to reduce disruption of Customer’s legitimate traffic, but Cu stomer may experience slower Internet traffic speed during a DDoS Attack.

Spectrum will continue countermeasures for the duration of each Mitigation Window. Once Spectrum determines that the DDoS Attack has ended and there is no activity symptomatic of a DDoS Attack then, at the conclusion of the Mitigation Window, DDoS Protection Incident Service will end and Spectrum will redirect Customer’s inbound network traffic to its normal path.
(d) Mitigation Window : A “Mitigation Window” means Spectrum’s provision of DDoS Protection Incident Service for a consecutive 72 hour period that begins when Customer accepts the DDoS Protection Incident Service via email reply to Spectrum and Spectrum commences the DDoS Protection Incident Service. Unless Customer requests termination of DDoS Protection Incident Service, if an attack persists beyond a single 72- hour Mitigation Window, Spectrum will commence new subsequent 72 -hour Mitigation Windows until the DDoS attack subsides or Customer requests termination of D DoS Protection Incident Service. Each subsequent Mitigation Window is subject to additional fees.

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Attachment E

WIDE AREA NETWORK (“WAN”) SERVICES

Ethernet , Cloud Connect and Wavelengths

1. Ethernet Service: If ordered by Customer, Spectrum will provide Ethernet Services for Customer locations connected over coaxial and/or fiber -optic cable. Connectivity is established between two or more Customer end -points under a unique customer topology. Spectrum will install the coaxial or fiber-optic cable into each Customer site as listed in the Service Order(s). Spectrum will also supply an edge or network interface device, which is Spectrum Equipment, at each site that will be capable of receiving the Service as specified in the Service Order(s).

Spectrum’s Ethernet Services are “ On-Net” if they are provided by Spectrum to Service Locations through the Spectrum Network. Spectrum may, in its discretion, provide Customer with “Off-Net” services to geographic locations that are outside of Spectrum’s service area or are not currently connected to the Spectrum Network through third party service providers.

Off-Net Services may be subject to additional terms and conditions.

2. Cloud Connect Service : If ordered by Customer, Spectrum will provide a Cloud Connect Service allowing Customer a private, layer 2 connectivity to cloud service providers (CSPs). Therefore, all terms herein shall apply to the Cloud Connect Service in addition to the Ethernet Service.

3. Wavelengths Service: If ordered by Customer, Spectrum will provide Wavelengths for Customer locations connected over fiber-optic cable. Wavelengths are a high speed (10Gbps and 100Gbps), optical data transport solution that uses dense wave division multiplexing (DWDM) technology, delivering low-latency bandwidth across Spectrum Enterprise’s dense fiber network. Connectivity is established between two Customer end -points in a point-to-point topology. Spectrum will install the fiber-optic cable into each Customer site as listed in the Service Order(s). Spectrum will also supply an edge device, which is Spectrum Equipment, at each site that will be capable of receiving the Service as specified in the Service Order(s).

Spectrum’s Wavelengths are “On-Net” if they are provided by Spectrum to Service Locations through the Spectrum Network.

Spectrum may, in its discretion, provide Customer with “ Off-Net” services to geographic locations that are outside of Spectrum’s service area or are not currently connected to the Spectrum Network through third party service providers. Off- Net Services may be subject to additional terms and conditions.

4. Additional terms of use: If ordered by Customer , Customer’s use of Ethernet Service, Wavelength and, as applicable, Cloud Connect Service, are subject to the following additional terms and conditions:

(a) If Customer purchases Multi-Path Ethernet Service, Customer must ensure that no individual Path or data flow of such Service exceeds 2 Gbps (i.e. the rate of data transmission between any two MAC addresses and IP addresses). If Customer’s Multi-Path Ethernet Service includes a Path or data flow that exceeds 2 Gbps, Spectrum may limit such Path or data flow to 2 Gbps. For purposes of this Attachment, (i) “Path” shall mean a connection permitting data transmission between a MAC address and IP address and another MAC address and IP address, and (ii) “Multi-Path” shall mean Ethernet Services permitting data transmission between or among three (3) or more MAC addresses and IP addresses.

(b) Spectrum shall have the right, but not the obligation, to (a) monitor traffic on the Spectrum network, in its sole discretion; and (b) monitor Customer’s bandwidth utilization as Spectrum deems appropriate to efficiently manage its Network.

(c) Customer’s use of Ethernet and/or Wavelengths Services is presumed by Spectrum to be jurisdictionally interstate, pursuant to the Federal Communications Commission’s mixed use “10% Rule” (47 C.F. R. 36.154, 4 FCC Rcd. 1352). It is Customer’s sole responsibility to notify Spectrum if Customer’s use of the Service is not jurisdictionally interstate pursuant to the 10% Rule and, so long as Customer’s use of the Service remains not jurisdictionally interstate, Customer must certify at least annually that this condition remains in effect, using the form and format available upon request from Spectrum. If Customer fails to provide such certification or if the Customer’s certification is inaccurate or invalid, Customer shall be liable for any resulting fees, fines, penalties and/or costs incurred by Spectrum.

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In addition, if Spectrum determines that Customer’s use of the Ethernet Services is likely to be deemed not to be jurisdictionally interstate, and therefore that Spectrum’s provision of the Ethernet Services is likely to put Spectrum or its licenses, permits or business at risk, or otherwise cause financial, regulatory or operational problems for Spectrum, then Spectrum may immediately suspend the provision of any or all Ethernet Service under any or all affected Service Orders until such time as either (a) Customer provides Spectrum with satisfactory assurances that Customer’s use of Ethernet Services shall be deemed to be jurisdictionally interstate or (b) Customer is otherwise brought into full compliance with any applicable laws and regulations. Unless prohibited under applicable law, Customer at its own expense, shall indemnify, defend, and hold harmless Indemnified Parties against any and all third party claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses incurred by any Indemnified Parties, including reasonable attorney and other professional fees and court costs incurred by Spectrum Indemnified Parties, to the full extent that such arise from or relate to any fees, fines or penalties incurred by Spectrum as a result of Customer’s violation of the 10% Rule.

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Attachment F

Managed Services

Software -Defined Wide Area Networking Service (“ SD-WAN Service ”), Managed Network Edge Service (“MNE”), Managed WiFi Service , Managed Router Service ( “MRS”), Managed Security Service ( “MSS”) and Virtual Security Service (“vSS”) (collectively, “Managed Services,” and each individually, a “Managed Service”)

If Customer elects to purchase a Managed Service, Spectrum shall provide Customer with any required customer premises equip ment (“ CPE”) through which Customer can receive the purchased Managed S ervice(s) at Customer’s Service Location(s) across Customer’s network, as may be more particularly described and set forth in the applicable Service Order.

If ordered by Customer , Customer’s use of any of the Managed Services , as applicable, is subject to the following additional terms and conditions:

The Managed Services may include software, firmware, and hardware components supplied by Spectrum or third parties. Spectrum is not the manufacturer or supplier of any software or hardware components of the Managed Services. Spectrum may update a Managed Service from time to time based on manufacturer -provided updates.

Technical Configuration Questionnaire .

Spectrum may request that Customer complete a “ Technical Configuration Questionnaire ” to obtain necessary information in order to provide a Managed Service . Incomplete or incorrect configuration information may adversely affect the Managed Service.

Security Limitations .

In accordance with the Disclaimer of Warranty and Limitation of Liability section of Spectrum’s Terms of Service, Customer assumes sole responsibility for use of the Managed Service and for access to and use of Customer Equipment used in connection with the Managed Service.

1. SOFTWARE DEFINED WIDE AREA NET WORK SERVICE: This section applies only if Cu stomer purchases SD -WAN Service.
(a) Spectrum shall provide Customer with one or more SD -WAN CPE through which Customer can deploy and use Virtual Private Network connectivity and associated virtualized network functions at Customer’s Service Location(s) across Customer’s network, as may be more particularly described and set forth in the applicable Service Order.

(b) Customer is responsible for Internet connectivity at all Customer’s Service Location(s) in order for Customer to utilize the SD -WAN Service. If Internet connectivity at a Service Location for any reason at any time suffers from degradation or is unavailable, then the SD -WAN Service at such Service Location may be degraded or inoperable.

2. MANAGED NETWORK EDGE SERVICE: This section applies only if the Customer purchases one or more of the fo llowing MNE Service categories.

Spectrum shall provide Customer with one or more CPE providing various network functions at Customer’s Service Location(s) across Customer’s network, as may be more particularly described and set forth in the applicable Service Order as per the table below :

Service Category Service Description
Managed Network Edge MNE Service provides Customer with router, security, and VPN capabilities at Customer ’s Service Locations.

Managed Network Edge WiFi MNE WiFi Service provides Customer with wireless Networking connectivity at Customer ’s Service Locations.

Managed Network Edge
Switch
MNE Switch Service provides Customer with Layer 3 switching at Customer ’s Service Locations.

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Managed Network Edge
Camera
MNE Camera Service provides Customer with CPE for capturing video data at Customer ’s Service Locations.

(a) Customer is responsible for Internet connectivity at all Customer’s Service Location(s) in order for Customer to utilize the MNE Service. If Internet connectivity at a Service Location for any reason at any time suffers from degradation or is unavailable, then the MNE Service at such Service Location may be degraded or inoperable.

(b) Applicable to Spectrum MNE WiFi and MNE Camera: Spectrum will provide Customer with “Wireless Access Plan” with MNE Wireless and/or MNE Camera Services to identify recommended placement locations and coverage areas (based on square footage) consistent with quantity of devices ordered. As with any wi reless service, actual coverage may vary from design and is limited based on varying factors such as but not limited to the number of devices deployed, distance from power source, structural impediments, and other interference factors. It is Customer’s responsibly to purchase additional Managed Network Edge WiFi or Camera Services to augment coverage as may be needed.

3. MANAGED WIFI SERVICE: This section applies only if Customer purchases the Managed WiFi Service. (a) Spectrum will provide Managed WiFi solution with wireless access points (“ WAPs”) deployed at the designated Service Location to enable designated users of the Customer’s choice to wirelessly access the Internet as more specifically set forth in a Service Order. Managed WiFi Service or certain features, may not be available in all service areas and may change from time to time, in Spectrum’s sole discretion

(b) Internet Access . Spectrum may provide Managed WiFi Service to locations that use a centralized Internet access configuration where Sp ectrum will not be the primary Internet access provider if Customer purchases an Internet access Service for the sole purpose of providing Spectrum Enterprise out of bandwidth management (“OOB”). OOB service would only provide connectivity to the Managed WiFi Service equipment (switches and controllers).

(c) Connectivity to Local Area Networks . Configuration of the Managed WiFi Service will be as agreed in the WiFi questionnaire completed by the Parties. Managed WiFi Service may provide a separate SSID for employee Internet access if specified on the WiFi questionnaire. A second WLAN will be created on the wireless network with its own VLAN assigned. The aggregation switch will be configured to hand off an Ethernet Service port to Customer.

In this scenar io, network functions ( Dynamic Host Configuration Protocol ( DHCP) and Network Address Translation (NAT), for example) may be handled by Customer’s LAN. Customer will need to train and engage Customer’s staff for all ongoing support issues. The Managed WiF i Service does not include support for connectivity to any device (printers, laptops, computers, routers, etc.).

4. MANAGED ROUTER SERVICE: This section only applies if Customer purchases MRS. (a) Spectrum will provide a managed router solution with a router deployed at the designated Service Location configured according to the Questionnaire. MRS or certain features, may not be available in all service areas and may change from time to time.

(b) Connectivity . MRS is only available when connected via Spectrum FIA , Spectrum High Speed Internet Service, or Spectrum Ethernet services including in -network and Type II connections. A third party connection can be used as a secondary connection where Sp ectrum is providing the primary connection.

(c) Termination . If Customer terminates any Spectrum connection service for which Customer has also attached the MRS, leaving the Manager Router connected only to non-Spectrum service for any reason other than Spectrum’s material, uncured breach, then Customer shall be deemed to have terminated the corresponding MRS and Customer shall pay any applicable Termination Charges in accor dance with the Terms of Service . In all cases, MRS cannot be delivered unless connected to a Spectrum service and shall be considered terminated if there is no Spectrum connection service.

5. MANAGED SECURITY SERVICE: This section only applies if Customer purchases MSS. (a) Spectrum will provide a managed fir ewall solution with a firewall deployed at the designated Service Location configured according to the Questionnaire. MSS or certain features, may not be available in all service areas and may change from time to time.

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(b) Connectivity . MSS is only available when connected via Spectrum FIA or Spectrum High Speed Internet services including in -network and Type II connections. A third party connection can be used as a secondary connection where Spectrum is providing the primary connection.

(c) Standard and Advanced. MSS has two service levels with different features available. MSS Standard provides firewall functions such as port forwarding and NAT. MSS Advanced provides the features from MSS Standard plus additional features such as anti -virus/anti -malware, URL and web filtering, content filtering, intrusion prevention s ystem (IPS) and deep packet inspection. Only the features purchased shall be provided to Customer .

(d) Termination . If Customer terminates any Spectrum connection service for which Customer has also attached MSS leaving MSS connected only to a non-Spectrum service for any reason other than Spectrum’s material, uncured breach, then Customer shall be deemed to have terminated the MSS and Customer shall pay any applicable Termination Charges in accordance with the Terms of Service . In all cases, MSS cannot be delivered unless connected to a Spectrum service and shall be considered terminated if there is no Spectrum connection service.

6. VIRTUAL SECURITY SERVICE: This section only applies if Customer purchases vSS (a) vSS delivers firewall capabilities through a virtual firewall hosted in a Spectrum Data Center. The Data Center location is based on the geographic location of Customer site(s) and other considerations made at Spectrum’s sole discretion.

(b) Connectivity . vSS is only available when con nected via Spectrum Ethernet, Spectrum FIA , and/or SD-WAN Service (s) including in -network and Type II connections.

(c) Standard and Advanced. vSS has two service levels with different features available. vSS Standard provides firewall functions such as port forwarding, VPN support and NAT . vSS Advanced provides the features from vSS Standard plus additional features such as anti -virus/anti -malware, URL and web filtering, content filtering, intrusion preventi on services (IPS) and deep packet inspection. Only the features purchased shall be provided to Customer .

(d) Termination . If Customer terminates any Spectrum connection service for which Customer has also attached the vSecurity Service then Customer shall be deemed to have terminated the corresponding vSS and Customer shall pay any applicable Termination Charges in accordan ce with the Terms of Service . In all cases , vSS cannot be delivered unless connected to a Spectrum service and shall be considered terminated if there is no Spectrum connection service.

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Attachment G

Wireless Internet Access Service

Spectrum Wireless Internet Access Service: Wireless Internet access service is a fixed-location data service, not a voice service that is implemented using 4G LTE Internet access technology (“ WIA Service”). The network used to transmit the data services that support WIA Service is owned and operat ed by a licensed commercial mobile network operator(s) and not Spectrum (the “Third-Party Network”). WIA Service may not be available in all Spectrum service areas.

Spectrum offers two types of WIA Service: Wireless Internet and Wireless Internet Backup. Customer’s use of Wireless Internet and/or Wireless Internet Backup Service is subject to the following additional terms and conditions:

1. Wireless Internet:

(a) Plan Terms. Wireless Internet is available in multiple service plans with either unlimited d ata usage per month or with a data allowance limit per month. For Wireless Internet ordered with unlimited data usage, Spectrum reserves the right to revise the wireless data rate of such service plan to 128Kbps when Customer has used 70GB of data within a single monthly billing cycle. At the start of the next billing cycle, the data usage and data speed will reset. For Wireless Intern et ordered with a data allowance, once the data allowance is reached in a given monthly billing cycle, excess data charges may apply as outlined in Section 4 below.

(b) Data Sharing; Excess Data Charges. If Customer purchases more than one of the same Wireless Internet service plans (excluding unlimited plans), all such same service plans will participate within the same data pool (“Data Pool”). For example, if Customer purchases 3-1GB Wireless Internet service plans and 2-5GB Wireless Internet service plans, then Customer will have two separate Data Pools, a 1GB service plan Data Pool and a 5GB service plan Data Pool. The maximum Data Allowance for a Data Pool is calculated as the Wireless Internet service plan data allowance multiplied by the number of service plans. Any unused data in the maximum Data Allowance for a single service plan within the Data Pool is first applied to the overages for the service plan with the lowest overage need and then to the next lowest overage service plan until the maximum Data Allowance has been applied. If the total data usage is less than the maximum Data Allowance for the Data Pool, there is no excess usage charge. If, however, all of the service plans within the Data Pool collectively exceed the maximum Data Allowance, then Customer shall be subject to additional Service Charges with respect to the excess usage as stated on the applicable Service Order. Unused Data Allowance in a given billing cycle does not “roll over” to future billing cycles. Wireless Internet service unlimited service plans and Wireless Internet Backup services are not eligible for participation within a Data Pool.

2. Wireless Internet Backup: Wireless Internet Backup is a secondary Internet service and may have limited functionality during failover of the primary Internet service. Customer may only order Wireless Internet Backup with and for the same Order Term a s a new or existing FIA Service (up to a maximum of 200 Mbps) provided by Spectrum, and not a third party provider, for the same Service Location, which service shall be cancelled if the FIA Service is terminated for any reason. The wireless data rate will not exceed 10 Mbps. Spectrum may terminate the Wireless Internet Backup Service if Spectrum determines, in its sole discretion, that: (a) Spectrum is unable to provide the Wireless Internet Backup at the requested Service Location; or (b) Customer is using the Wireless Internet Backup as a primary Internet service. Spectrum’s termination of the Wireless Internet Backup Service shall have no effect on the FIA Service, which Service Order will remain in effect.

3. WIA Billing and Data Usage. The Service Charges will be billed in the amounts stated on the applicable Service Order. Spectrum invoices for monthly recurring Service Charges, plus applicable taxes, fees, and surcharges, in advance on a monthly basis. All usage-based charges will be invoiced monthly in arrears. Except as set forth below with respect to data sharing, if a Service Order for Wireless Internet sets forth a maximum “Data Allowance” (defined below), then Customer shall be subject to the additional Service Charges with respect to such excess usage that is stated on the applicable Service Order. “ Data Allowance ” means the aggregate number of gigabytes of data that may be sent and received using the Wireless Internet services in a single monthly billing cycle under the applicable Wireless Internet service plan, rounded up to the nearest gigabyte.

Service Quality. Spectrum selects the Third -Party Network from multiple network operators for each Service Location.

Customer acknowledges that (i) WIA Service may be unavailable if the wireless device used in providing WIA Service is not in range of a transmission site; (ii) there are many factors that may impact availability and quality of WIA Service, including without limitation, network capacity, signal strength, terrain, trees, placement of buildings, environmental conditions, the characteristics of the physical wireless device and any device to which it is attached, government regulations, maintenance, or other activities affecting service operations; (iii) service interruptions may occur as a result of acts of third parties that

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damage or impair the Third-Party Network or in connection with modifications, upgrades, relocations, repairs or other similar activities conducted by the Third -Party Network operator; and (iv) data delays and omissions may occur. Spectrum does not guarantee any bandwidth specifications and actual Internet upload and download speed, also known as throughput rate, may vary. The Third -Party Network operators may also suspend services from time -to-time. Customer waives all rights and claims against Spectrum and the Third -Party Networ k operators related to, or the result of, the unavailability OR QUALITY of WIA SERVICE AND/OR the Third-Party Network.

4. Power Disruptions. The WIA Service equipment is electrically powered and will not work in a power outage.

Spectrum may supply Customer with a battery backup for use in the event of a power outage in connection with the Wireless Internet Backup service. WIRELESS INTERNET ACCESS SERVICE DOES NOT HAVE ITS OWN POWER SUPPLY. IF THERE IS A POWER OUTAGE, WIRELESS INTERNET ACCESS SERVICES WILL NOT WORK.

5. Acceptable Use Policy; Third Party Network Terms.
(a) Customer shall comply with the terms of Spectrum’s Acceptable Use Policy (“ AUP”), found at www.enterprise.spectrum.com (or the applicable successor URL) and that policy is incorporated by re ference into this Service Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, supplemented or otherwise changed from time -to-time by Spectrum with or without notice to Customer. Spectrum may suspend Service immediately for any violation of the AUP. The AUP shall apply even though the traffic is delivered over a Third-Party Network.

(b) Customer shall not resell the WIA Service, either alone or as part of a solution, to end users. Customer must also comply with the applicable service terms and conditions and acceptable use and other policies of the Third -Party Network operators (“Third-Party Terms”) found at:

AT&T Internet of Things Wireless Communications Service Guide http://serviceguidenew.att.com/sg_flashPlayerPage/M2M

Verizon ThingSpace Terms and Conditions
https://thingspace.verizon.com/legal/terms-and-conditions/

The Third -Party Terms may be amended, revised, or supplemented from time to time in the Third -Party Network operator’s sole discretion. Customer is solely responsible to verify the applicable Third-Party Terms, including any changes to such Third-Party Terms.

(c) To the extent that the Third -Party Terms or any acceptable use policy are inconsistent with the Spectrum Terms of Service or AUP, the Spectrum Terms of Service and AUP shall control.

6. Security; Use Restrictions. Customer shall take commercially reasonable security measures when using the WIA Service, and Customer assumes sole responsibility for use of the WIA Service and for access to and use of Customer Equipment used in connection with the WIA Service. If Customer Equipment is lost or stolen, Customer shall immediately notify Spectrum in writing so that Spectrum can suspend the WIA Service with respect to such Customer Equipment in order to prevent unauthorized use of the WIA Service. Until Spectrum receives Customer’s notification, in a manner directed by Spectrum, of lost or stolen Customer Equipment, Spectrum is entitled to assume that any use of the WIA Service in connection with such device is authorized by Customer and Customer shall be responsible for any such use and associated charges. Customer shall not use WIA Services for any remote medical monitoring or any other activity that is subject to the Health Insurance Portability and Accountability Act. Due to regulatory requi rements, Customer must obtain Spectrum’s approval before installing, deploying or using any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate WIA Services.

7. Termination.
(a) If Customer cancels a WIA Service, in addition to any applicable Termination Charges, Customer shall pay all Service Charges for the WIA Service through the end of the monthly billing period during which the WIA Service was cancelled, including charges for exceed ing any data usage limitations that applied to a WIA Service plan, and applicable taxes and fees.

(b) When a line of service is terminated, Customer shall ensure that the Equipment that was activated on that line (“Terminated Equipment”) does not register o r attempt to register after such termination on the Third -Party Network on which the WIA Service had been provided.

Spectrum shall have the right to use over -the-air means to access Terminated Equipment for the purpose of downloading software or the Thir d-Party Network operator’s then -current preferred roaming list designed to disable Terminated Equipment to prevent attempts to contact the Third-Party Network.

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(c) Spectrum may terminate WIA Service immediately upon notice to Customer if Spectrum is no longer permitted by the Third-Party Network operator to provide WIA Service to its customers for any reason.

NO THIRD -PARTY LIABILITY. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT IT HAS NO

CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE THIRD -PARTY NETWORK OPERATORS OR THEIR

AFFILIATES OR CONTRACTORS AND THAT CUSTOMER IS NOT A THIRD -PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN SPECTRUM OR ITS LICENSORS AND THE THIRD -PARTY NETWORK OPERATORS. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT : (A) THE THIRD -PARTY NETWORK OPERATORS

AND THEIR AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO CUSTOME R AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS THEREFOR; (B)

DATA TRANSMISSIONS AND MESSAGES MAY BE DELAYED, DELETED OR NOT DELIVERED, (C) THE SERVICE IS A FIXED-LOCATION DATA SERVICE, NOT A VOICE SERVICE, AND 911 OR SIMILAR EMERGENCY CALLS MAY NOT

BE COMPLETED, AND (D) THE THIRD-PARTY NETWORK OPERATORS CANNOT GUARANTEE THE SECURITY OF

WIRELESS TRANSMISSIONS AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE CONNECTIVITY SERVICES.

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