Mayor and City Council
April 6, 2022

Consent Calendar

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

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

Subject: Resolution Declaring Intent to Annex Territory: CFD No. 2019- 1 Annexation No. 17 (Ward 3)

Recommendation
Adopt Resolution No. 2022 -71 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Commu nity Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 17) and authorizing the levy of special taxes therein.

Background
On June 5, 2019, the Mayor and City Counc il approved Resolution No. 2019 -81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to pr ovide certain services which are necessary to meet increased demands placed upon the City.

Discussion
On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019 -178, establishing CFD No. 2019 -1 pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019 -1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City.

Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on f ile in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; and (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.

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The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Public lighting and appurtenant facilities, including street lights with in public rights-of-way and traffic signals; and

2. Maintenance of streets, including pavement management and street sweeping; and

3. Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; and

4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.

The proposed development includes a pproximately 0.43 gross acres of a vacant commercial lot. The property is located west of I -215 at the southeast intersection of North Rancho Avenue and West Rialto Avenue. At build out this development will create

0.43 net taxable acres of commercial prop erty as a new Tax Zone No. 18 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019 -1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zo ne No. 18), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $7,433 per acre for FY 2022/23.

In order to annex property to CFD No. 2019 -1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below.

• Resolution declaring City intent to annex territory to Community Facilities Distric t No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area).

• Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District.

• Resolution declaring the results of the election and directing the recording of the notice of special tax lien.

• Amend the Ordinance and order the levy and collection of special taxes in the 24 Packet Pg. 767
8843

District.

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for June 1, 2022.

2021-2025 Key Strategic Targets and Goals
This project is consisten t with Key Target No . 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approxima tely $3,196 to be used to pay for maintenance costs.

On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipat ed costs of maintaining the facilities in any given Fiscal Year, prior to build out of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

All costs associated with annexation into the CFD have been borne by the Developer.

By annexing into the CFD, the costs of maintaining improvem ents located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, ado pt Resolution No. 2022 -71 of the Mayor 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 City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 17) and authorizing the levy of special taxes therein.

Attachments
Attachment 1 Resolution 2022-71
Attachment 2 Exhibit A - Description of Territory
Attachment 3 Exhibit B - Description of Authorized Services Attachment 4 Exhibit C - Rate and Method of Apportionment Attachment 5 Exhibit D - Annexation and Potential Annexation Boundary Maps Attachment 6 Exhibit E - Signed Petition, Waiver and Consent Attachment 7 Exhibit F - Notice of Public Hearing
Attachment 8 Exhibit G - Special Election Ballot
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Attachment 9 Project/Location Map
Attachment 10 CFD Landscape Maintenance Exhibit

Ward: 3

Synopsis of Previous Council Actions:

June 5, 2019 The City Council adopted Resolution No. 2019 -81, a Resolution of Intention to form Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello - Roos Community Facilities Act of 1982”.

July 17, 2019 Resolution No. 2019 -178 wa s adopted establishing Community Facilities District No. 2019 -1; Resolution No. 2019 -179 was adopted declaring election results for Community Facilities District No. 2019 -1; and first reading of Ordinance No. MC -1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019 -20 to pay annua l costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.
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Resolution No. 2022-71

Resolution 2022-71
April 6, 2022

RESOLUTION NO. 2022-71

RESOLUTION OF THE MAYOR 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 CITY OF SAN

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 17) AND AUTHORIZING

THE LEVY OF A SPECIAL TAXES THEREIN

WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019 -081 establishing Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019 -1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and
WHEREAS, the City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established;

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

SECTION 1. Intent to Annex. The City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation t o the Community Facilities District of the territory described in Exhibit A. The City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.

SECTION 2. Name of the Communi ty Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”.

SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019 -1 and are more particularly described and shown on that certain map

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Attachment: Attachment 1 - Resolution 2022-71 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 16 (8843 : Resolution Resolution No. 2022-71

Resolution 2022-71
April 6, 2022

entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019 -0185395 in the offic ial records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019 -1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof enti tled "Annexation Map No. 17, Community Facilities District No. 2019 -1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") shown in Exhibit D.

SECTION 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019 -1. The Services authorized to be financed by CFD No. 2019 -1 are in ad dition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory.

SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019 -1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C.

SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof.

SECTION 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, June 1 , 2022 , at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418 , as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing.

Said notice shall contain the information prescribed by Section 53322 of the Act.

SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday June 1, 2022 to call the election on the annexation for the sam e date, pursuant to waiver of election time limits

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Attachment: Attachment 1 - Resolution 2022-71 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 16 (8843 : Resolution Resolution No. 2022-71

Resolution 2022-71
April 6, 2022

from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the C FD No. 2019-1 a ballot in substantially the form set forth in Exhibit G. A copy of the waiver and consent form signed by the property owner set forth in Exhibit E.

SECTION 10. That 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 t here is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 11. 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 12. 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 6th day of April 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 2022-71 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 16 (8843 : Resolution Resolution No. 2022-71

Resolution 2022-71
April 6, 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. 2022-71, adopted at a regular meeting held on the 6th day of April 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 7th day of April 2022.

Genoveva Rocha, CMC, City Clerk

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Attachment: Attachment 1 - Resolution 2022-71 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 16 (8843 : Resolution

EXHIBIT A

DESCRIPT

ION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities Dist rict No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 17 is currently comprised of one parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Owner
Name
0142-212-18-00 George Pearson

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Attachment: Attachment 2 - Exhibit A – Description of Territory (8843 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

EXHIBIT B

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attribut able to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other simila r landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, park ways, streets, roads and open space, which maintenance and lighting services may include, without lim itation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and repl acement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal fr om and maintenance and repair of public structures situated on parks, parkways, street s, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and

(b) maintenance and operation of water qualit y improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way includi ng the removal of petroleum hydrocarbons and other pollutants from water runoff, or appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and

(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

In addition to payment of the cost and expense of th e forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those pr ovided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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Attachment: Attachment 3 - Exhibit B – Description of Authorized Services (8843 : Resolution Declaring Intent to Annex Territory: CFD No.

EXHIBIT C
City of San Bernardino  1
Community Facilities District No. 2019‐1 (Maintenance Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO

A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below)  in  Community  Facilities  District  No.  2019‐1  (Maintenance  Services)  (the  “CFD  No.  2019‐1”  or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth below.  All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS

“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.

“Administrative Expenses” means the  actual or reasonably estimated costs  directly related to  the formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019‐1, or any designee thereof associated  with  fulfilling  the  CFD  No.  2019‐1  disclosure  requirements;  the  costs  associated  with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and  benefits of any City  employees and City overhead whose duties are related to the administration and third party expenses.   Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.

“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map
that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.

“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s  Parcel  Number”  means  that  identification number  assigned  to  a  parcel  by  the  County
Assessor of the County.

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8843 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino  2
Community Facilities District No. 2019‐1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building.

“Calendar  Year”  means  the  period  commencing  January  1  of  any  year  and  ending  the  following December 31.

“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).

“City” means the City of San Bernardino.

“Contingent
Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such  Fiscal  Year;  (ii)  fund  an  operating  reserve  for  the  costs of  Services  as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.

“County” means the County of San Bernardino.

“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has
been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.

“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision.

“Fiscal Year” means
the period from and including July 1st of any year to and including the following June 30th.

“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s  Parcel  is  assigned  consistent  with  the  land  use  approvals  that  have  been  received  or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Maximum  Special  Tax”  means  either  Maximum  Special  Tax  A  and/or  Maximum  Special  Tax  B (Contingent), as applicable.

“Maximum  Special  Tax  A”  means  the  Maximum  Special  Tax  A,  as  determined  in  accordance  with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019‐1.

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8843 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino  3
Community Facilities District No. 2019‐1 (Maintenance Services) “Maximum  Special  Tax  B  (Contingent)”  means  the  Maximum  Special  Tax  B  (Contingent),  as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.

“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.

“Non‐Residential  Property”  or  “NR” means  all  Assessor's  Parcels  of  Taxable  Property  for  which  a building  permit(s)  was  issued  for  a  non‐residential  use.   The  Administrator  shall  make  the determination if an Assessor’s Parcel is Non‐Residential Property.

“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone.

“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy
to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii)  Undeveloped  Property  that  the  ratio  of  the  actual  Special  Tax  levy  per  acre  to  the  Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.

“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Residential  Property”  means  all  Assessor’s  Parcels  of  Taxable  Property  upon  which  completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential
Units.

“Service(s)”  means  services  permitted  under  the  Mello‐Roos  Community  Facilities  Act  of  1982 including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed.

“Single  Family  Residential  Property”
means  any  residential  property  other  than  Multi‐Family Residential Property on an Assessor’s Parcel.

“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.

“Special Tax A” means the annual special tax to be
levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.

"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator,  and  (v)  Administrative  Expenses.  Under  no  circumstances  shall  the  Special  Tax  A Requirement include funds for Bonds.

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City of San Bernardino  4
Community Facilities District No. 2019‐1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each  Assessor’s  Parcel  of  Taxable  Property  to  fund  the  Contingent  Special  Tax  B  Requirement,  if required.

"Taxable  Property"  means  all  Assessor’s  Parcels  within  CFD  No.  2019‐1,  which  are  not  Exempt Property.

“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax.  Appendix C identifies the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.

"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.

"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.

“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels
of Taxable Property within CFD No. 2019‐1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non‐Residential Property.   Residential  Property  shall  be  further  classified  as  Single  Family  Residential  Property  or Multi‐Family  Residential Property and  the number of Residential  Units shall be determined by  the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property  and  Approved  Property  which  are  classified  as  Residential  Property,  all  such  Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as  specified  in  or  shown  on  the  building  permit(s)  issued  or  Final  Map  as  determined  by  the Administrator.  For Parcels of undeveloped property zoned for development of single family attached or  multi‐family  units,  the  number  of  Residential  Units  shall  be  determined  by  referencing  the condominium  plan,  apartment  plan,  site  plan  or  other  development  plan,  or  by  assigning  the maximum allowable units permitted based on the underlying zoning for the Parcel.   Once a single family  attached  or  multi‐family  building  or  buildings  have  been  built  on  an  Assessor's  Parcel,  the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s

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City of San Bernardino  5
Community Facilities District No. 2019‐1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as  determined  by  the  Administrator.   Once  the  Administrator  determines  the  actual  number  of Building  Square  Footage  or  Acres  for  the  Assessor’s  Parcels,  the  Special  Tax  A  levied  against  the Assessor’s  Parcel  in  the  next  Fiscal  Year  shall  be  calculated  by  multiplying  the  number  of  Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

1.   Special Tax A
a.  Developed Property
(i)  Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A.   The Maximum Special Tax A for Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 is identified in Table 1 below:

TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY

Tax
Zone   Tract  Land Use Category
Taxable
Unit
Maximum
Special Tax A
1  TR 17170  Single Family Residential Property  RU  $961

(ii)  Increase in the Maximum Special Tax A
On  each  July  1,  commencing  on  July  1,  2020  the  Maximum  Special  Tax  A  for  Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for  Los  Angeles ‐   Riverside ‐   Orange  County  (1982‐84  =  100)  since  the  beginning  of  the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

(iii)  Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category.   The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel.  The Administrator's allocation to each type of property shall be final.

b.   Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved  Property shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Approved property Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:

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City of San Bernardino  6
Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY

Tax
Zone   Tract  Land Use Category
Taxable
Unit
Maximum
Special Tax A
1  TR 17170  Single Family Residential  RU  $961

On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

c.   Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:

TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY

Tax Zone  Tracts  Taxable Unit  Maximum Special Tax A
1  TR 17170  Acre  $4,338

On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2.  Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its bligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:

(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council.

a. Developed Property

(i)  Maximum Special Tax B (Contingent)

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City of San Bernardino  7
Community Facilities District No. 2019‐1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each  Assessor’s Parcel of  Taxable Property is shown in Table 4 and shall be specific  to each  Tax  Zone within the CFD.   When additional property  is  annexed  into  CFD  No.  2019‐1,  the  rate  and  method  adopted  for  the  annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A.  The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY

Tax
Zone   Tract  Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1  TR 17170  Single Family Residential Property  RU  $0

(ii)  Increase in the Maximum Special Tax B (Contingent) On  each  July  1,  commencing  on  July  1,  2020  the  Maximum  Special  Tax  B  (Contingent)  for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

(iii)  Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land  Use  Category.   The  Maximum  Special  Tax  B  (Contingent)  that  can  be  levied  on  an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined  by  reference  to  the  site  plan  approved  for  such  Assessor's  Parcel.   The Administrator's allocation to each type of property shall be final.

b.   Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD.   When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 5 below:

TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY

Tax
Zone   Tract  Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1  TR 17170  Single Family Residential Property  RU  $0

On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for

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Community Facilities District No. 2019‐1 (Maintenance Services) Los  Angeles ‐  Riverside ‐  Orange  County  (1982‐84  =  100)  since  the  beginning  of  the  preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

c.   Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD.   When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 6 below:

TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY

Tax Zone
Tracts  Taxable Unit
Maximum Special
Tax B (Contingent)
1  TR 17170  Acre  $0

On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1.   Special Tax A
Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone.  The Special Tax A shall be levied for each Fiscal Year as follows:

First:  The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;

Second:  If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after  the  first  step  has  been  completed,  the  Special  Tax  A  shall  be  levied  Proportionately  on  each Parcel  of  Approved  Property  within  such  Tax  Zone  up  to  100%  of  the  Maximum  Special  Tax  A  for Approved Property;

Third:  If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.

2.   Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement  for  each  Tax  Zone,  if  any,  and  shall  levy  the  Special  Tax  on  all  Assessor’s  Parcels  of

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Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone.  The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

First:  The  Special  Tax  shall  be  levied  Proportionately  on  all Assessor’s  Parcels  of  Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;

Second:  If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;

Third:  If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will
be annexed to CFD No. 2019‐1 from time to time.  As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services.  Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public  uses;  or  (iv)  which  is  in  use  in  the  performance  of  a  public  function  as  determined  by  the Administrator.

H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed.  A representative(s) of CFD No. 2019‐1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding  the  amount  of  the  Special  Tax,  and  rule  on  the  appeal.   If  the  representative’s  decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8843 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino  10
Community Facilities District No. 2019‐1 (Maintenance Services)

I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8843 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino  11
Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

COST ESTIMATE

Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2022‐23.  These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019‐1.

TAX ZONE 18
CUP 20‐07

Item  Description  Estimated Cost
1  Lighting  $200
2  Streets  $1,918
3  Drainage  $259
4  Reserves  $69
5  Admin  $750
Total   $3,196

Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.

TAX ZONE 18
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property  Acre  $7,433  $0

TAX ZONE 18
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre  $7,433  $0

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8843 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino  12
Community Facilities District No. 2019‐1 (Maintenance Services) TAX ZONE SUMMARY

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
Original  1  17170  2019‐20  $961 / RU  $0 / RU  Santiago Communities, Inc. 1  2  17329  2019‐20  $473 / RU  $0 / RU  JEC Enterprises, Inc. 2  3  PM 19814  2020‐21  $608 / Acre  $0 / Acre  GWS #4 Development, LLC 3  4  0266‐041‐39  2019‐20  $1,136 / Acre  $0 / Acre  Devore Storage Facility, LLC 4  5  TR 20006  2020‐21  $344 / RU  $57 / RU  TH Rancho Palma, LLC 5  6  PM 19701  2020‐21  $1,895 / Acre  $528 / Acre  Strata Palma, LLC 6  7  PM 20112  2020‐21  $3,197 / Acre  $0 / Acre  San Bernardino Medical Center LLC
7  8  TR 20293  2021‐22  $2,913 / Acre  $334 / Acre  ICO Fund VI, LLC 8  9  LM 2019‐021  2021‐22  $815 / Acre  $232 / Acre  TR 2600 Cajon Industrial LLC 9  10  TR 20189  2021‐22  $490 / Acre  $154 / Acre  Central Commerce Center, LLC 10  11  LD 1900086  2021‐22  $1,472 / Acre  $0 / Acre  Lankershim Industrial, LLC 11  12  TR 20305  2022‐23  $175 / Acre  $0 / Acre  Prologis, LP 12  13  LLA 2020‐004  2022‐23  $1,169 / Acre  $0 / Acre  Dreamland Real Estate Holdings 13  14  TR 5907  2022‐23  $2,268 / Acre  $0 / Acre  Magic Laundry Services, Inc. 14  15  0136‐191‐21  2022‐23  $5,277 / Acre  $0 / Acre  Ahmad Family Trust 15  16  TR 20216  2022‐23  $7,089 / Acre  $0 / Acre  Gateway SB, LLC 16  17  TR 20145  2022‐23  $646 / RU  $0 / RU  RCH‐CWI Belmont, LP 17  18  CUP 20‐07  2022‐23  $7,433 / Acre  $0 / Acre  George A. Pearson

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8843 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino  13
Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES

The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a)     maintenance  and  lighting  of  parks,  parkways,  streets,  roads  and  open  space,  which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights  and  traffic  signals;  repair  and  replacement  of  damaged  or  inoperative  light  bulbs,  fixtures  and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance  of  public  signage;  graffiti  removal  from  and  maintenance  and  repair  of  public  structures situated on parks, parkways, streets, roads and open space; maintenance and repair of  playground or recreation program equipment or facilities situated on any park; and

(b)   maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities.  Maintenance services may include but  is  not  limited  to  the  repair,  removal  or  replacement  of  all  or  part  of  any  of  the  water  quality improvements,  fossil  fuel  filters  within  the  public  right‐of‐way  including  the  removal  of  petroleum hydrocarbons  and  other  pollutants  from  water  runoff,  or  appurtenant  facilities,  clearing  of  inlets  and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and

(c)   public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019‐1;  as  well  as  local  roads  within  residential  subdivisions  located  within  CFD  No.  2019‐1;  and  any portions adjacent to the properties within CFD No. 2019‐1; and

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be  expended  to  pay  “Administrative  Expenses,”  as  said  term  is  defined  in  the  Rate  and  Method  of Apportionment.

The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019‐1 before CFD No. 2019‐1 was created.

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8843 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino  14
Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX C

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES) PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8843 : Resolution Declaring Intent to Annex Territory: CFD No.

RANCHO AVE

RIALTO A
VE
SPRING

MOUNTAIN
TRL
0142-212-18
ANNEXATION MAP NO. 17
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET

THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES), OF THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
C A L I F O R N I A .

THE BOUNDARIES OF WHICH COMMUNITY FACILITIES

DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP

THEREOF WHICH WAS PREVIOUSLY RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE

COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
ST A TE OF CALIFORNIA.

CFD 2019-1
TAX ZONE 18
^_
·|}þ18
·|}þ210
§¨¦15
§¨¦215
£¤66
£¤66

THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR

PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS

CONCERNING THE LINES AND DIMENSIONS OF LOTS OR

PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2021-22.
-

THIS MAP WAS FILED UNDER DOCUMENT NUMBER
_____________, THIS ____ DAY OF _______, 20 ____, AT _____ M. IN BOOK ___ OF __________ AT PAGE ____, AT
THE REQUEST OF _____________________________
IN THE AMOUNT OF $_________

BOB DUTTON

A SSE SSOR-RE C ORDE R-C LE RK

S A N B E R N A R D I N O C O U N T Y
BY:________________________________

DEPUTY RECORDER

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS

APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN

BERNARDINO AT A REGULAR MEETING THEREOF, HELD
ON THE ____ DAY OF ____________________, 20 ____.

BY ITS RESOLUTION NO. ____________________
_______________________________________
__
C

ITY CLERK, CITY OF SAN BERNARDINO
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF _ _ _ _ _ _ _ _ , 2 0 _ _ _ _ .
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
LEGEND

CITY BOUNDARY

PARCEL LINE

XXXX-XXX-XX

ASSESSOR PARCEL NUMBER
18 TAX ZONE
18 EXHIBIT D

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Attachment: Attachment 5 - Exhibit D – Annexation and Potential Annexation Boundary Maps (8843 :

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Attachment: Attachment 5 - Exhibit D – Annexation and Potential Annexation Boundary Maps (8843 :

EXHIBIT E

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8843 : Resolution Declaring Intent to Annex Territory: CFD No.

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8843 : Resolution Declaring Intent to Annex Territory: CFD No.

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8843 : Resolution Declaring Intent to Annex Territory: CFD No.

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8843 : Resolution Declaring Intent to Annex Territory: CFD No.

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8843 : Resolution Declaring Intent to Annex Territory: CFD No.

EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 17)

NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on April 6, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, June 1, 2022 at the Bing Wo ng Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, Califor nia, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the an nexation of the territory or the levying of the special taxes will be heard. If and to the extent participat ion in the June 1, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, t he means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outs ide of the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Be rnardino, California, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.

DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2022

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Attachment: Attachment 7 - Exhibit F – Notice of Public Hearing (8843 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 17

(June 1, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowne
r Number of Acres Owned Total Votes
George A. Pearson 0.43 1

According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than May 18, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on June 1, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on June 1, 2022.

Very truly yours,

Genoveva Rocha, CMC, City Clerk

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Attachment: Attachment 8 - Exhibit G – Special Election Ballot (8843 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT

Name & Address of Property Owner: Assessor’s Parcel Number(s):

George Pearson
16868 A Lane
Huntington Beach, CA 92647

0142-212-18

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT

SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on April 6, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 17 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________

Certification for Special Election Ballot

The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

George Pearson
O w n e r

Signature

Print Name

Title

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Attachment: Attachment 8 - Exhibit G – Special Election Ballot (8843 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 18

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Attachment: Attachment 9 - Project/Location Map (8843 : Resolution Declaring Intent to Annex Territory:

RANCHO AVENUE

RIALTO AVENUE

NO PARKINGPROPOSED
CANOPY

PROPOSED

BUILDING
TRASH
ENCL.

LOADING ZONE

EV CHARGING
ONLY
4430 E. Miraloma Ave, Suite F, Anaheim, Ca 92807
Travis Companies, Inc.

Tel: (714) 693-9388 Fax: (714) 693-9333
© Travis Companies, Inc. 2022 All Rights Reserved
G&M Oil Company, Inc.
16868 A Lane
Huntington Beach
California, 92647-4831
(714) 375-4700
PREPARED BY: NO. REVISION DATE

DRAWING NUMBERNOTICE
This drawing and all information
therein is the property of Travis
Companies, Inc., and shall not
be copied or used except for the
purpose for which it is expressly
furnished. The drawing and any
copies thereof, partial or
complete shall be returned to the
owner upon demand.

FILE:

REF:

DRAWN BY:

DATE:

SCALE:

PLOT:

PREPARED FOR:

G&M OIL COMPANY FACILITY No.: 18
1991 W. RIALTO AVENUE
SAN BERNARDINO, CA 924100115-0121
3-1-19
2/23/2022
TCI
N
CFD1.0

CFD MAINTENANCE EXHIBIT
A.J.
1" = 10'-0"
1=1
GM18-CFD1.0

CFD MAINTENANCE AREA
NORTH

VICINITY MAP

NOT TO SCALE
SITE

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Attachment: Attachment 10 - CFD Landscape Maintenance Exhibit (8843 : Resolution Declaring Intent to

Consent Calendar

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

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

Subject: Resolution Declaring Intent to Annex Territory: CFD No. 2018- 1, Annex No. 4 (Ward 5)

Recommendation
Adopt Resolution No. 2022 -72 of the Mayor and City Council of the City of San Bernardino, acting as the legislative body of Community Facilities District No. 20 18-1 of the City of San Bernardino (Safety Services), declaring its intention to consider annexing territory to Community Facilities District No. 2018 -1 of the City of San Bernardino (Safety Services).

Background
On September 19, 2018, the Mayor and City Council approved Resolution No. 2018 - 264 establishing Community Facilities District No. 2018 -1 (Safety Services) of the City of San Bernardino (the "CFD No. 2018-1" or "District") for the purpose of levying special taxes on parcels of taxable property to p rovide certain services which are necessary to meet increased demands placed upon the City.

Discussion
Development projects are subject to conditions of approval that require projects to form/annex a services district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of public safety necessary to serve the development. RCH -CWI Belmont, LP (the “Owner”) has agreed to initiate and conduct the CFD annexation proceedings pursua nt to the Act. To that end, the Owner has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive a nalysis and arguments; and (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.

The public services proposed to be financed within and for the benefit of the territory to be annexed to the District are the following:

1. Police protection services (including but not limited to criminal justice services) and paramedic services; and

25 Packet Pg. 802
8850

2. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.

The proposed development includes approximately 5.98 gross acres of vacant residential property to include 16 detached single -family residential l ots. This development will be Annexation No. 4 within CFD No. 2018 -1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2018 -1, a Resolution of Intention to annex property must be approved to identify the services and establish the maximum special tax for this annexation. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for Annexation No. 4, is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $385 per residential unit for FY 2022/23.

If the maximum allowable annual fee were levied, the revenue generated would be $6,160 per year.

In order to annex property to CFD No. 2018 -1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below.

• Resolution declaring City intent to annex territory to Community Facilities District No. 2018-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area).

• Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District.

• Resolution declaring the resul ts of the election and directing the recording of the notice of special tax lien.

• Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolution of Intention, the Public Hearing would be sche duled for May 18, 2022.

2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No . 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of 25 Packet Pg. 803
8850

special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of speci al tax revenues of approximately $6,160 to be used to pay for safety services. The Maximum Special Tax rate is proposed to escalate each year after July 1, 2024 by four percent (4.0%).

All costs associated with annexation into the CFD have been borne by the Developer.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2022 -72, acting as the legislative body of Community Facilities District No. 2018 -1 of the City of San Bernardino (Safety Serv ices), declaring its intention to consider annexing territory to Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services).

Attachments
Attachment 1 Resolution No. 2022-72
Attachment 2 Exhibit A - Description of Territory
Attachment 3 Exhibit B - Description of Authorized Services Attachment 4 Exhibit C - Rate and Method of Apportionment Attachment 5 Exhibit D - Annexation and Potential Annexation Boundary Maps Attachment 6 Exhibit E - Signed Petition, Waiver and Consent Attachment 7 Exhibit F - Notice of Public Hearing
Attachment 8 Exhibit G - Special Election Ballot
Attachment 9 Project/Location Map

Ward: 5

Synopsis of Previous Council Actions:

August 15, 2018 Mayor and City Council adopted Resolution No. 2018-239, a Resolution of Intention to form Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982”.

September 19, 2018 Mayor and City Council adopted Resolution No. 2018 -264 was adopted establishing Community Facilities District No. 2018-1; Resolution No. 2018 -265 was adopted declaring
election results for Community Facilities District No. 2018 -1; and first reading of Ordinance No. MC-1506 levying special taxes to be collected during FY 2018 -19 to pay annual costs of safety services and expenses with respect to Community Facilities District No. 2018-1.

October 3, 2018 Final reading of Ordinance No. MC -1506 levying special taxes to be collected during FY 2018 -19 to pay annual costs of safety services and expenses with respect to Community Facilities District No. 2018-1.
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Resolution No. 2022-72

Resolution 2022-72
April 6, 2022

RESOLUTION NO. 2022-72

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING

AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2018 -1 OF THE CITY OF SAN

BERNARDINO (SAFETY SERVICES), DECLARING ITS

INTENTION TO CONSIDER ANNEXING TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2018 -1 OF THE

CITY OF SAN BERNARDINO (SAFETY SERVICES)

WHEREAS, on August 15, 2018 the City Council (the “City Council”) of the City of San Bernardino adopted Resolution No. 2018 -239 (the “Resolution of Intention”), declaring its intention to establish Community Facilities District No. 2018 -1 of the City of San Bernardino (Safety Services) (“Community Facilities District No. 2018 -1” or the “District”) pu rsuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, after a duly noticed public hearing, the City Council adopted Resolution No. 2018-264 (the “Resolution of Formation”) establishing Community Facilities District No. 2018-1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the s pecial tax, as set forth in Exhibit “C” attached to the Resolution of Intention (the “Original Rate and Method”), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2018-1; and WHEREAS, the City Council has received a petition form and signed by RCH-CWI Belmont, LP, requesting (i) the annexation of the territory within the boundaries set forth in Exhibit “A”, hereto (the “Annexation Territory”) to the District; (ii) the levy of the special tax within the Annexation Territory in accordance with the Rate and Method of Apportionment of Special Tax attached as Exhibit “C”, hereto (the “Rate and Method”), which Rate and Method is identical to the Original Rate and Method in all respects except that Appendix A thereto has b een updated in accordance with the terms of the Original Rate and Method to reflect the annexation described herein and (iii) the waiving certain election requirements.

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. Intent to Annex. The City Council declares its intention to conduct proceedings pursuant to the Act for the annexation to the District of the Annexation Territory.

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Resolution 2022-72
April 6, 2022

SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The map showing the original boundaries of the District designated as “Map of Proposed Boundaries of Community Facilities District No. 2018 -1 of the City of San Bernardino (Safety Services),” which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office of the County of San Bernardino in Book No. 87 Page No. 96, on August 16, 2018 as Instrument No. 2018 - 0300849.

The boundaries of the Annexation Territory proposed to be annexed to the District and be made subject to taxation are as shown on the annexation map set forth in Exhibit “D” hereto (the “Boundary Map”). The City Clerk is hereby directed to sign the boundary map and record it with all proper endorsements thereon with the County Recorder of the Coun ty of Riverside within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California.

SECTION 4. Description of Authorized Services. The Services (as defined in the Rate and Metho d) proposed to be provided for the benefit of the Annexation Territory are public services as defined in the Act, and this City Council finds and determines that the Services to be financed are in addition to those provided in the territory the Annexation Territory, at the present time and do not supplant services already available within the Annexation Territory at the present time. The City Council hereby finds and determines that the description of the Services herein is sufficiently informative to allow taxpayers within the Annexation Territory, to understand what the funds of the District may be used to finance. The Services Incidental Expenses (as defined in the Rate and Method) expected to be incurred within the Annexation Territory are set forth in t he Rate and Method. The amount and term of the special tax to be levied by the District within the Annexation Territory and the Services to be provided by the District within the Annexation Territory shall be identical to those within the original boundaries of the District.

SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a separate special tax, secured by recordatio n of a continuing lien against all nonexempt real property in the Annexation Territory, sufficient to pay for the Services and the Services Incidental Expenses. The rate and method of apportionment and manner of collection of the special taxes set forth in Exhibit “C” allows each homeowner within the Annexation Territory to estimate the maximum amount that may be levied against each parcel.

The special taxes for Services may be increased by an amount not to exceed four percent (4%) per year after July 1, 2024 to the extent permitted in the Rate and Method. The special tax for Services may be levied for such period as the Services are needed, as further described in Exhibit “B” hereto.

The special taxes are based on the expected demand that each parcel of real property within the Annexation Territory will place on the Services. The City Council hereby determines that the proposed Services are necessary to meet the increased demand placed upon the City and the

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Attachment: Attachment 1 - Resolution No. 2022-72 Declaring Intent to Annex territory: CFD No. 2018-1, Annex No. 4 (8850 : Resolution Resolution No. 2022-72

Resolution 2022-72
April 6, 2022

existing police and paramedic services in the Cit y as a result of the development of the land proposed for annexation to the District. The City Council hereby determines the rate and method of apportionment of the special taxes to be reasonable. The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special taxes are not on or based upon value or ownership of real property.

SECTION 6. Public Hearing. A public hearing (the “Hearing”) on the annexation of the Annexation Territory to the District, the levy of the special tax within the Annexation Territory in accordance with the Rate and Method to finance the Services shall be held at 7:00 p.m., or as soon thereafter as practicable, on May 18, 2022, Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California. Should the City Council determine to annex the Annexation Territory to the District, a special election will be held to authorize the levy of the special taxes in accordance with the procedures contained in Government Code Section 53326. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within Annexation Territory at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the Annexation Territory. Ballots for the special election may be distributed by mail or by personal service.

SECTION 7. Adjustments. The City Council does not intend to make any adjustment in property taxation pursuant to Sections 53313.6 and 53313.7 of the Act.

SECTION 8. Public Hearing. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vot e within the Annexation Territory, may appear to be heard.

SECTION 9. Notice of Public Hearing. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the Annexation Territory. The City Clerk is further directed to mail a copy of the Notice to each landowner within the Annexation Territory at least 15 days prior to the Hearing. The Notice shall contain the text or a sum mary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed district and a desc ription of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.

SECTION 10. 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 thi s 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: Attachment 1 - Resolution No. 2022-72 Declaring Intent to Annex territory: CFD No. 2018-1, Annex No. 4 (8850 : Resolution Resolution No. 2022-72

Resolution 2022-72
April 6, 2022

SECTION 11. 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 12. 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 6th day of April 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. 2022-72 Declaring Intent to Annex territory: CFD No. 2018-1, Annex No. 4 (8850 : Resolution Resolution No. 2022-72

Resolution 2022-72
April 6, 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. 2022-72, adopted at a regular meeting held on the 6th day of April 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 7th day of April 2022.

Genoveva Rocha, CMC, City Clerk

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Attachment: Attachment 1 - Resolution No. 2022-72 Declaring Intent to Annex territory: CFD No. 2018-1, Annex No. 4 (8850 : Resolution

EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) (the “CFD No. 2018-1”) Annexation No. 4 is curre ntly comprised of sixteen (16) parcels, located within the city boundaries. The property is identified by the following San Bernardi no County Assessor's Parcel Number (APNs).

APN Tract Number Owner Name
0261-712-01-00 TR 20145 RCH -CWI Belmont, LP
0261-712-02-00 TR 20145 RCH -CWI Belmont, LP
0261-712-03-00 TR 20145 RCH-CWI Belmont, LP
0261-712-04-00 TR 20145 RCH-CWI Belmont, LP
0261-712-05-00 TR 20145 RCH -CWI Belmont, LP
0261-712-06-00 TR 20145 RCH -CWI Belmont, LP
0261-712-07-00 TR 20145 RCH -CWI Belmont, LP
0261-712-08-00 TR 20145 RCH -CWI Belmont, LP
0261-712-09-00 TR 20145 RCH -CWI Belmont, LP
0261-712-10-00 TR 20145 RCH -CWI Belmont, LP
0261-712-11-00 TR 20145 RCH -CWI Belmont, LP
0261-712-12-00 TR 20145 RCH -CWI Belmont, LP
0261-712-13-00 TR 20145 RCH -CWI Belmont, LP
0261-712-14-00 TR 20145 RCH -CWI Belmont, LP
0261-712-15-00 TR 20145 RCH -CWI Belmont, LP
0261-712-16-00 TR 20145 RCH -CWI Belmont, LP

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Attachment: Attachment 2 - Exhibit A – Description of Territory (8850 : Resolution Declaring Intent to Annex Territory: CFD No. 2018-1, Annex

EXHIBIT B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SAFETY SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES

The services which may be funded with proceeds of the special tax of CFD No. 2018-1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety.

These services include police protection services (including but not limited to criminal justice services) and paramedic services.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the Administrator.

The above services shall be limited to those provided within the bounda ries of CFD No. 2018-1 for the benefit of the properties within the boun daries of CFD No. 2018-1 and said services may be financed by proceeds of the special tax of CF D No. 2018-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2018-1 before CFD No. 2018-1 was created.

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Attachment: Attachment 3 - Exhibit B – Description of Authorized Services (8850 : Resolution Declaring Intent to Annex Territory: CFD No.

EXHIBIT C
City of San Bernardino  Page 1
Community Facilities District No. 2018‐1 (Safety Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2018‐1 (SAFETY SERVICES) OF THE CITY OF SAN BERNARDINO

A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below)  in  Community  Facilities  District  No.  2018‐1  (Safety  Services)  (the “CFD  No.  2018‐1”  or  “CFD”;
defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2018‐1, by applying the rate and method of apportionment set forth below.

All of the real property in CFD No. 2018‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS

“Administrative Expenses” means the  actual or reasonably estimated costs  directly related to  the formation and administration of CFD No. 2018‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2018‐1, or any designee thereof associated with fulfilling the CFD No. 2018‐1 reporting requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2018‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses.   Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2018‐1 for any other administrative purposes of CFD No. 2018‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.

“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s  Parcel  Number”  means  the  identification  number  assigned  to  a  parcel  by  the  County Assessor of the County of San Bernardino.

“CFD” or “CFD No. 2018‐1” means the City of San
Bernardino Community Facilities District No. 2018‐
1 (Safety Services).

“City” means the City of San Bernardino.

“County” means the County of San Bernardino.

“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the
Special Tax is being levied.

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City of San Bernardino  Page 2
Community Facilities District No. 2018‐1 (Safety Services) “Developed Multi‐Family Property” means all Assessor's Parcels of Developed Property for which a building  permit  or  use  permit  for  the  construction  of  a  residential  structure  with  two  or  more Residential Units that share a single Assessor's Parcel Number, as determined by the Administrator, has been issued prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Developed Single Family Property” means any residential property other than a Developed Multi‐ Family Property on an Assessor’s Parcel for which a building permit for new construction has been issued by the City on or prior to June
1 preceding the Fiscal Year in which the Special Tax is being levied.

“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section D.

“Fiscal Year” means the period from and including July 1 st of any year to and including the following
June 30th.

“Maximum Special Tax” means the Maximum Special Tax, as applicable, levied within the CFD for any Fiscal Year.

“Proportionately” means for Taxable Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels.

“Residential Unit” or "RU"
means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Residential  Property”  means  all  Assessor’s  Parcels  of  Taxable  Property  upon  which  completed Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.

“Services”  means  services  permitted  under  the  Mello‐Roos  Community  Facilities  Act  of  1982 including, without limitation, those services authorized to be funded by CFD No. 2018‐1 as set forth in Appendix B.

“Special  Tax”  means  the  Special  Tax
to  be  levied  in  each  Fiscal  Year  on  each  Assessor’s  Parcel  of Taxable Property.

"Special Tax Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the public safety needs of CFD No. 2018‐1 in both the current Fiscal Year and the  next Fiscal  Year.  The  costs to  be covered shall be the direct  costs for (i) police  protection services, (ii) paramedic services, (iii) fund an operating reserve for the costs of Services as determined by the Administrator, and (iv) Administrative Expenses. Under no circumstances shall the Special Tax Requirement include funds for bonds.
"Taxable  Property"  means  all  Assessor’s  Parcels  within  CFD  No.  2018‐1,  which  are  not  Exempt Property.

“Taxable Unit” means a Residential Unit.

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City of San Bernardino  Page 3
Community Facilities District No. 2018‐1 (Safety Services) B. RATE AND METHOD OF APPORTIONMENT OF MAXIMUM SPECIAL TAX RATES

As of July 1 of each Fiscal Year, commencing July 1, 2019, the Council shall determine the Special Tax Requirement and shall levy the Special Tax upon each of the Assessor’s Parcels within the CFD which constitute  a  Developed  Single  Family  Property  or  a  Developed  Multi‐Family  Property  until  the aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied Proportionately  on  all  Assessor’s  Parcels  of  Developed  Property  up  to  100%  of  the  applicable Maximum Special Tax to satisfy the Special Tax Requirement.

The Maximum Special Tax for Fiscal Year 2019‐2020 for a Developed Single Family Property and a Developed Multi‐Family Property are shown below in Table 1.

TABLE 1
MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2019‐2020

Description
Taxable
Unit
Maximum
Special Tax
Developed Single Family Property  RU  $385
Developed Multi‐Family Property  RU  $358

Increase in the Maximum Special Tax

On each July 1, commencing on July 1, 2024 the Maximum Special Tax for Developed Property shall increase by four percent (4.0%).

No  Special  Tax  shall  be  levied  on  property  which,  at  the  time  of  adoption  of  the  Resolution  of Formation for CFD No. 2018‐1 is an Exempt Property.

C. TERM OF SPECIAL TAX

For  each  Fiscal  Year,  the  Maximum  Special  Taxes  shall  be  levied  as  long  as  the  Services  are  being provided within the boundaries of CFD No. 2018‐1.

D. EXEMPTIONS

The City shall classify as Exempt Property within CFD No. 2018‐1, any Assessor’s Parcel in any of the
following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator; or (v) any Assessor’s Parcel which is not a Developed Single Family Property or a Developed Multi‐Family Property.

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City of San Bernardino  Page 4
Community Facilities District No. 2018‐1 (Safety Services) E. APPEALS

Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed.  The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal.  If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

F. MANNER OF COLLECTION

The  Maximum  Special  Taxes  levied  in  each  Fiscal  Year  shall  be  collected  in  the  same  manner  as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.

However,  the  District  may  collect  the  Special  Tax  at  a  different  time  or  in  a  different  manner  if necessary to meet its financial obligations.

The Maximum Special Taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code.   This lien shall be a continuing lien and shall secure each levy of Maximum Special Taxes.  The lien of Maximum
Special Taxes shall continue in force and effect
until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code.

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8850 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino  Page 5
Community Facilities District No. 2018‐1 (Safety Services) APPENDIX A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018‐1
(SAFETY SERVICES)

ANNEXATION  SUMMARY

Safety Services ‐ It is estimated that the cost of providing police and paramedic services being funded by the Special Tax for the Community Facilities District No. 2018‐1 (Safety Services) will be as follows for the Fiscal Year 2022‐2023:
 $385 per residential unit for Developed Single Family Residential Property  $358 per residential unit for Developed Multi‐Family Residential Property

Annual Escalation ‐ On each July 1, commencing on July 1, 2024 the Maximum Special Tax for Developed Property shall increase by four percent (4.0%).

Annex.
#
Fiscal
Year
Tract/
APN
Development
Name
No. of
Taxable
Units
Land Use
Category
Maximum
Special Tax  Subdivider
Original  2019‐20  TR 17329
Verdemont
Ranch  74
Developed Single
Family Property  $385  17329, LLC
1  2020‐21  TR 20006  Rancho Palma  119
Developed Single
Family Property  $385  TH Rancho Palms LLC
2  2020‐21  TR 20261  Hispano Inv.  5
Developed Single
Family Property  $385  Hispano Investors Inc
3  2021‐22  TR 20293  ICO Fund  96
Developed Single
Family Property  $385  ICO Fund VI, LLC
4  2022‐23  TR 20145  Belmont  16
Developed Single
Family Property  $385  RCH‐CWI Belmont, LP

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8850 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino  Page 6
Community Facilities District No. 2018‐1 (Safety Services)

APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018‐1
(SAFETY SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES

The services which may be funded with proceeds of the special tax of CFD No. 2018‐1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety.

These services include police protection services (including but not limited to criminal justice services) and paramedic services.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be  expended  to  pay  “Administrative  Expenses”  as  said  term  is  defined  in  the  Rate  and  Method  of Apportionment  and  to  establish  an  operating  reserve  for  the  costs  of services  as  determined  by  the
Administrator.

The above services shall be limited to those provided within the boundaries of CFD No. 2018‐1 for the benefit of the properties within the boundaries of CFD No. 2018‐1 and said services may be financed by proceeds of the special tax of CFD No. 2018‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2018‐1 before CFD No. 2018‐1 was created.

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Attachment: Attachment 4 - Exhibit C – Rate and Method of Apportionment (8850 : Resolution Declaring Intent to Annex Territory: CFD No.

BELMON
T A
VE

OFELIA DR

MIRNA AVE
ESCE
NA ST
026
1-712-13
0261-712-05
026
1-712
-14
0261-7
12-04
0261
-712
-09
0261-712-15
0261-7
12 -03
0261
-712-10
0261-712
-16
0261-71
2-08
0261-7
12-02
0261-71
2-01
026
1-7
12 -11 0261-712-07
026
1-712-1
2 0261
-712
-06
ANNEXATION MAP NO. 4
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SAFETY SERVICES)

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
CFD 2018-1
ANNEX 4
^_§¨¦15
·|}þ210
§¨¦215

THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR

PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS

CONCERNING THE LINES AND DIMENSIONS OF LOTS OR

PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2021-22.
-

THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SAFETY SERVICES), OF THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
C A L I F O R N I A .

THE BOUNDARIES OF WHICH COMMUNITY FACILITIES

DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP

THEREOF WHICH WAS PREVIOUSLY RECORDED ON
AUGUST 16, 2018 IN BOOK 87 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 96 AND
AS INSTRUMENT NO. 2018-0300849 IN THE OFFICE OF THE

COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
S T A T E O F C A L I F O R N I A .

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2018-1
(SAFETY SERVICES) FOR THE CITY OF SAN BERNARDINO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS

APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN

BERNARDINO AT A REGULAR MEETING THEREOF, HELD
ON THE ____ DAY OF ____________________, 20 ____.

BY ITS RESOLUTION NO. ____________________
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF ________, 20 ____.
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
LEGEND

ANNEXATION AREA BOUNDARY

PARCEL LINE

CITY BOUNDARY

XXXX-XXX-XX ASSESSOR PARCEL NUMBER

THIS MAP WAS FILED UNDER DOCUMENT NUMBER
_____________, THIS ____ DAY OF _______, 20 ____, AT _____ M. IN BOOK ___ OF __________ AT PAGE ____, AT
THE REQUEST OF _____________________________
IN THE AMOUNT OF $_________

BOB DUTT ON

A S S E S S O R - R E C O R D E R

S A N B E R N A RD I NO C O U N T Y
BY:________________________________

DEPUTY RECORDER

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE

EXHIBIT D

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Attachment: Attachment 5 - Exhibit D – Annexation and Potential Annexation Boundary Maps (8850 :

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Attachment: Attachment 5 - Exhibit D – Annexation and Potential Annexation Boundary Maps (8850 :

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8850 : Resolution Declaring Intent to Annex Territory: CFD No.

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8850 : Resolution Declaring Intent to Annex Territory: CFD No.

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8850 : Resolution Declaring Intent to Annex Territory: CFD No.

LEGAL DESCRIPTION
Real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows:

LOTS 1 THROUGH 16 OF TRACT MAP NO. 20145, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 359, PAGES 97 THROUGH 99, INCLUSIVE, OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM ALL MINERALS, COAL, CARBONS, HYDROCARBONS, OIL, GAS, CHEMICAL

ELEMENTS AND COMPOUNDS WHETHER IN SOLID, LIQUID, OR GASEOUS FORM, AND ALL STEAM AND

OTHER FORMS OF THERMAL ENERGY ON, IN, OR UNDER THE ABOVE DESCRIBED LAND PROVIDED

THAT THE GRANTOR DOES NOT RESERVE THE RIGHT TO USE THE SUBJECT PROPERTY OR EXTRACT MINERALS OR OTHER SUBSTANCES FROM THE SUBJECT PROPERTY ABOVE A DEPTH OF 500 FEET, NOR

DOES THE GRANTOR RESERVE THE RIGHT TO USE THE SURFACE AS RESERVED BY CORPORATION OF

THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A CORPORATION IN A CORPORATION GRANT DEED RECORDED MARCH 21, 2019 AS INSTRUMENT NO. 2019-0088134 OF OFFICIAL RECORDS.

APN: 0261-712-01-0-000 through 0261-712-16-0-000

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8850 : Resolution Declaring Intent to Annex Territory: CFD No.

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8850 : Resolution Declaring Intent to Annex Territory: CFD No.

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Attachment: Attachment 6 - Exhibit E – Signed Petition, Waiver and Consent (8850 : Resolution Declaring Intent to Annex Territory: CFD No.

EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2018-1 (SAFETY SERVICES) (ANNEXATION NO. 4)

NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on April 6, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2018-1 (Safety Services) (the "CFD No. 2018-1"), and to levy a special tax to pay for certain safety services, all pursuant to the provisio ns of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Ti tle 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and me thod of apportionment of the proposed special tax.

No change in the tax levied in the existing CFD No. 2018-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, May 18, 2022 at the Bing Wo ng Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, Califor nia, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2018-1. At the hearing, the testimony of all interest persons for or against the an nexation of the territory or the levying of the special taxes will be heard. If and to the extent participat ion in the May 18, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, t he means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outs ide of the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Be rnardino, California, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.

DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2022

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Attachment: Attachment 7 - Exhibit F – Notice of Public Hearing (8850 : Resolution Declaring Intent to Annex Territory: CFD No. 2018-1, Annex

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 4

(May 18, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San Bernardino:

Name of Landowne
r Number of Acres Owned Total Votes
RCH-CWI Belmont, LP 5.98 6

According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2018-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than May 4, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on May 18, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on May 18, 2022.

Very truly yours,

Genoveva Rocha, CMC, City Clerk

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Attachment: Attachment 8 - Exhibit G – Special Election Ballot (8850 : Resolution Declaring Intent to Annex Territory: CFD No. 2018-1, Annex

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT

Name & Address of Property Owner: Assessor’s Parcel Number(s):

RCH-CWI Belmont, LP
Attn: Roger Hobbs
1428 E. Chapman Ave.

Orange, CA 92866
0261-712-01, 0261-712-02, 0261-712-03,
0261-712-04, 0261-712-05, 0261-712-06,
0261-712-07, 0261-712-08, 0261-712-09,
0261-712-10, 0261-712-11, 0261-712-12,
0261-712-13, 0261-712-14, 0261-712-15,
0261-712-16

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)

AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT

PROPOSITION A MARK “YES” OR “NO” WITH AN “X”:

Shall the territory described in Attachment “A” of
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be annexed to
Community Facilities District No. 2018-1 (Safety
Services)?
YES _________
NO _________

PROPOSITION B MARK “YES” OR “NO” WITH AN “X”:

Shall a special tax with a rate and method of
apportionment as provided in Attachment “C” to
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be levied to pay
for the Services and other purposes described in
Resolution No. 2018-264?
YES _________
NO _________

Certification for Special Election Ballot

The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

RCH-CWI Belmont, LP
By: Roger Hobbs
Managing Member

Signature

Print Name

Title

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Attachment: Attachment 8 - Exhibit G – Special Election Ballot (8850 : Resolution Declaring Intent to Annex Territory: CFD No. 2018-1, Annex

PROJECT MAP
CFD NO. 2018-1 (SAFETY SERVICES)
ANNEXATION NO. 4

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Attachment: Attachment 9 - Project/Location Map (8850 : Resolution Declaring Intent to Annex Territory:

Consent Calendar

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

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

Subject: Resolution to Initiate Preparation of Engineer's Report - Assessment Districts (All Wards)

Recommendation
Adopt Resolution No. 2022 -73 of the Mayor and City Council of the City of San Bernardino, California, initiating proceedings to levy and collect assessmen ts for Fiscal Year 2022/23 in Assessment Districts pursuant to The Landscaping and Lighting Act of 1972, appointing the Engineer of Record, and ordering preparation of Engineer's Reports.

Background
The Mayor and City Council previously formed Landscape & Lighting and Street & Drainage Maintenance Districts as a condition of approval for private development projects. The assessment engineer's report that establishes the amount of an annual assessment in each of the districts must be updated annually and ap proved by the City Council, following a public hearing, to levy the annual assessment(s).

Discussion
Development projects are approved subject to conditions of approval that requires the formation of maintenance districts to recover the costs of annual ma intenance of public improvements constructed as a result of the development project.

The assessment of an annual fee upon properties within the district provides the revenue to offset the cost of maintenance of the public improvements necessary to serve the development.

California Streets and Highways Code §22620 et. seq. with respect to Landscape and Lighting Districts and Government Code §53750 et. seq. with respect to Street and Drainage Maintenance Districts require that the assessment engineer's repo rt for each of the districts be updated and approved by the legislative body prior to the levy of any annual assessment on properties within an assessment district.

The tentative schedule for the annual update of the assessment districts is prepared based on information provided by the San Bernardino County Auditor - Controller - 26 Packet Pg. 830
8851

Recorder’s office is as follows:

April 6, 2022: Mayor and City Council direction of preparation of an assessment engineer’s report describing any new improvements or any substanti al changes in the existing improvements in the existing assessment districts.

May 4, 2022: Mayor and City Council (1) preliminarily approving the engineering reports for the existing assessment districts and directing the filing of such reports with the C ity Clerk, and (2) setting the date for the public hearing at 7:00 PM on Wednesday, July 20, 2022, in the City of San Bernardino Council Chamber, 555 W 6 th Street, San Bernardino, CA 92410 pursuant to California Streets and Highways Code Sections 22552 and 22553 and Government Code Section 53753.5 to consider the levy of annual assessments upon real property.

June 23, 2022: Deadline for submission of preliminary notice of assessments to San Bernardino County.

July 20, 2022: Mayor and City Council public hearing and approval of the levy of assessments upon real property within each of the Districts for fiscal year 2022-2023.

August 1, 2022: Deadline for submission of final notice of assessments to San Bernardino County.

August 10, 2022: Last day for submission of corrections to San Bernardino County.

The City has formed sixty-nine such assessment districts.

2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4 Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The assessment on properties within the assessment district s provides revenue to offset the cost of maintenance of public improvement to serve the development project.

The engineering reports set forth the “Maximum Allowable Assessment” for each parcel.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022 -73, initiating proceedings to levy and collect assessments for Fiscal Year 2022/23 in Assessment Districts pursuant to The Landscaping and Lighting Act of 1972, appointing the Engineer o f Record, and ordering preparation of Engineer's Reports.

26 Packet Pg. 831
8851

Attachments
Attachment 1 Resolution No. 2022-73

Ward: All

Synopsis of Previous Council Actions: None
26 Packet Pg. 832
55600.00902\34910367.1

Resolution No. 2022-_____

RESOLUTION NO. 2022-_____

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

INITIATING PROCEEDINGS TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2022-23 IN

ASSESSMENT DISTRICTS PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972,

APPOINTING THE ENGINEER OF RECORD, AND
ORDERING PREPARATION OF ENGINEER’S REPORTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council ”) has previously determined that the public interest, convenience, and necessity require the installation, construction, and maintenance of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant facilities within the City of San Bernardino (the “City”) as authorized by the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”) and has established the following assessment districts (the “Assessment Districts”) within the City: Assessment District No. 951 Zone 1 and Zone 2 (Wagonwheel Road Area), Asse ssment District No. 952 Zone 1, Zone 2, Zone 2A and Zone 3 (State College Area), Assessment District No. 953 (16th Street), Assessment District No. 956 (Carnegie Drive Area), Assessment District No. 959 Zone 1 (Shandin Hills), Assessment District No. 962 ( Pine Avenue Area), Assessment District No. 963 (Allen Street), Assessment District No. 968 (Airport Drive), Assessment District No. 974 (Rialto Avenue between Eucalyptus and Pepper), Assessment District No. 975 (Pepper and Mill Area), Assessment District N o. 976 (Pine and Belmont), Assessment District No. 981 (Meridian and Randall Avenue), Assessment District No. 982 (Piedmont Drive Area), Assessment District No. 986 (Rialto and Macy Area), Assessment District No. 989 (Mill and Macy Area), Assessment District No. 991 (Verdemont and Olive Area), Assessment District No. 993 (Cajon and June Area), Assessment District No. 997 (Chestnut Area), Assessment District No. 1001 (Pennsylvania and Birch Area), Assessment District No. 1002 (North “H” Street Area), Assessm ent District No. 1005 (Cajon and Pepper Linden Area), Assessment District No. 1007 (Pepper and Randall Area), Assessment District No. 1012 (Mill/Burney Area), Assessment District No. 1016 (Coulston Area), Assessment District No. 1017 (Kendall and Pine Area ), Assessment District No. 1019 (Northpark and Mountain Area), Assessment District No. 1020 (Mill Street and Dallas Avenue Area), Assessment District No. 1022 Zone 1, Zone 2 and Zone 3 (San Bernardino International Airport/Alliance -California), Assessment District No. 1023 (Elm Avenue and Coulston Street Area), Assessment District No. 1024 (Inland Center Drive and Riverwalk Drive Area), Assessment District No. 1025 (Palm Avenue and Washington Avenue Area), Assessment District No. 1027 (Waterman Avenue and Washington Street Area), Assessment District No. 1028 (Ohio Avenue and Walnut Avenue Area), Assessment District No. 1029 (California Street and 16th Street Area), Assessment District No. 1030 (Magnolia Avenue and Ohio Avenue Area), Assessment District No. 1031 (Irvington Avenue and Olive Avenue Area), Assessment District No. 1032 (Palm Avenue and Verdemont Drive), Assessment District No. 1035, Zone 1 and Zone 2 (Palm Avenue and Meyers Road), Assessment District No. 1036 (Northpark Boulevard and Campus Parkwa y), Assessment District No. 1037 (Belmont Avenue and Magnolia Avenue), Assessment District No. 1038 (Orange Show Road and

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Attachment: Attachment 1 - Resolution No. 2022-73 Initiate Preparation of Engineer's Report - Assessment Districts (8851 : Resolution to Resolution No. 2022-_____

Arrowhead Avenue), Assessment District No. 1039 (Irvington Avenue and Chestnut Avenue Area), Assessment District No. 1040 (Arcacia Avenue and Hill Drive Area), Assessment District No. 1041 (Magnolia Avenue and Ohio Avenue Area), Assessment District No. 1042 (Shandin Hills Drive and Shady Creek Drive), Assessment District No. 1043, Zone 1 and Zone 2 (Palm Avenue and Irvington Avenue Area) , Assessment District No. 1045 (Waterman Avenue and Orange Show Road Area), Assessment District No. 1046 (Northpark Boulevard and Northstar Avenue Area), Assessment District No. 1047 (Ohio Avenue and Pine Avenue Area), Assessment District No. 1048 (Eucalyptus Avenue and Randall Avenue Area), Assessment District No. 1050 (Pepper Avenue and Rialto Avenue Area), Assessment District No. 1052 (Belmont Avenue and Chestnut Avenue Area), Assessment District No. 1054 (Campus Parkway and Valles Drive Area), Assessment District No. 1055 (Pine Avenue and Redwood Street Area), Assessment District No. 1056 (Magnolia Avenue and Garfield Street Area), Assessment District No. 1057 (Cajon Boulevard and University Parkway Area), Assessment District No. 1059 (Orange Show Road and Tippecanoe Avenue Area), Assessment District No. 1060 (Chiquita Lane and Date Street Area), Assessment District No. 1063 (Central Avenue and Lena Road Area), Assessment District No. 1064 (Cajon Boulevard and Glen Helen Parkway Area), and Assessment Dist rict No. 1068 (Tippecanoe Avenue and Central Avenue Area); and
WHEREAS, the City Council has determined that the public interest, convenience, and necessity require the continued levy of assessments within the Assessment Districts for the purpose of instal ling, constructing, operating, and maintaining public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant facilities authorized by the Act.

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 Council hereby initiates proceedings pursuant to the Ac t to levy and collect annual assessments within the Assessment Districts for the maintenance, servicing and operating of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basi n and storm drains and appurtenant facilities during fiscal year 2022-23.

SECTION 3. The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains.

SECTION 4. The proceedings for the annual levy of the assessments are to be conducted pursuant to the Act.

SECTION 5. Spicer Consulting Group, LLC is hereby appointed as Engineer of Record for the pur pose of preparing the written report provided for in Section 22567 of the Streets and

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Attachment: Attachment 1 - Resolution No. 2022-73 Initiate Preparation of Engineer's Report - Assessment Districts (8851 : Resolution to Resolution No. 2022-_____
-3-
Highways Code with respect to the levy of assessments for fiscal year 2022-23 for each of the Assessment Districts, and is hereby directed to prepare and file such reports with the City Clerk.

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, 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 8. 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 6th day of April, 2022.
____________________________________
John Valdivia, Mayor
City of San Bernardino

Attest:

__________________________________
Genoveva Rocha, City Clerk

Approved as to form:

__________________________________
Sonia Carvalho, City Attorney

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Attachment: Attachment 1 - Resolution No. 2022-73 Initiate Preparation of Engineer's Report - Assessment Districts (8851 : Resolution to Resolution No. 2022-_____
-4-

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-____, adopted at a regular meeting held on the 6th day of April, 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 April, 2022.

______________________________
Genoveva Rocha, City Clerk

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Attachment: Attachment 1 - Resolution No. 2022-73 Initiate Preparation of Engineer's Report - Assessment Districts (8851 : Resolution to

Consent Calendar

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

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

Subject: Mount Vernon Bridge Replacement - Construction and Maintenance Agreement No. 22-1002699 (Wards 1,3)

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Construction a nd Maintenance Agreement No. 22 -1002699 with the San Bernardino County Transportation Authority (SBCTA) and Southern California Regional Rail Authority (SCRRA) for the demolition, construction, and maintenance of the Mount Vernon Bridge.

Background
Replacement of the Mount Vernon Bridge, which was built in 1934, has been a high priority for the City for more than 18 years. The existing bridge, in part, is supported by temporary shoring, has netting affixed to catch concrete bridge fragments over work areas, has a sufficiency rating of 2 out of 100, and is in urgent need of replacement.

SBCTA took over the management of this project from the City in 2016. SBCTA received legislative approval in 2017 to administer this project through the Design -Build (DB) delivery method to get a firm under contract to demolish and rebuild the bridge as expeditiously as possible.

The proposed Construction and Maintenance Agreement No. 22 -1002699 delineates roles and responsibilities between the City, SBCTA, and SCRRA for the demolition, construction, and maintenance of the Mount Vernon Bridge Project. It also establishes payment commitments between SBCTA and SCRRA related to the work.

Discussion
Construction and Maintenance Agreement 22 -1002699 (“Agreement”) is a three -part agreement between the City, SBCTA, and SCRRA. It specifies the roles, responsibilities, and funding commitments amongst the parties during design, construction, and maintenance periods. SBCTA is responsible for demolishing the existing bridge and designing and constructing its replacement, a new bridge that meets current design standards and accommodates safe travel for vehicular, pedestrian, and bicycle traffic. In order to demolish and construct the bridge, SCRRA will provide the necessary rights during c onstruction for the DB contactor to access the site while SCRRA performs railroad flagging to assure the safety of the construction crew. 27 Packet Pg. 837
8852

SCRRA will provide inspection services and yard coordination for work performed by the DB contractor.

SCRRA will prov ide support services required for construction of the bridge including flagging, safety training, inspection, project management and agency support, including design and relocation of SCRRA underground communication and signal fiber optic system in conflict with new construction.

Costs related to the items described above are addressed within the Construction and Maintenance Agreement with SBCTA and SCRRA. SBCTA will pay the actual costs, which is estimated at $2,936,681.

Following completion of the brid ge construction, this agreement’s maintenance terms will be in place between the City, SBCTA, and SCRRA.

2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1e: Minimize Risk and Litigation Exposure. Replacement of the Mount Vernon Bridge will eliminate a critically outdated asset and replace it with bridge infrastructure that meets current community needs and is constructed with the latest safety features. The new bridge will provide a long -term transportation feature for the City and more effectively support the north and south bound travel of residents and businesses in the area.

Fiscal Impact
There is no fiscal impact associated with the recommended action of this item.

Conclusion
It is recommended that the Mayo r and City Council of the City of San Bernardino, California, authorize the City Manager to execute Construction and Maintenance Agreement No. 22 -1002699 with the San Bernardino County Transportation Authority (SBCTA) and Southern California Regional Rail Authority (SCRRA) for the demolition, construction, and maintenance of the Mount Vernon Bridge.

Attachments
Attachment 1 Construction and Maintenance Agreement No. 19 - 1002208

Wards: 1, 3

Synopsis of Previous Council Actions:

April 8, 2020 The Mayor and City Council directed staff to submit a request to the San Bernardino County Transportation Authority (SBC TA) to leverage up to five years of the City’s allocation of Measure I Major Street/Arterial Sub-program revenue, in advance, to support additional funding requirements of the Mount Vernon Viaduct Project.

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September 18, 2018The Mayor and City Council adopted Resolution No. 2018- 257,
approving Co ntract No. 16-1001477-01, Amended and Restated Cooperative Agreement with the S an B ernardino County
Transportation A uthority (SBCTA) f or t he De velopment of the Mount V ernon Avenue Grade Separation over the BNSF Rail way Intermodal Yard Project (SS04-12).

June 20, 2018 The Mayor and C ity Co uncil adopted Re solution N o. 2018-164 approving Co ntract No. 16-1001477-01, Cooperative Agreement with the San Bernardino County Transportation Authority (SBCTA) for t he development of t he Mount V ernon A venue Gr ade Separation over the BNSF Railway Intermodal Yard Project (SSO4-12). No te: C ontract approved in error. Not executed by SBCTA.

June 6, 2016 The Mayor and City Council Adopted Resolution No. 2016-109 approving Co ntract No. 16-1001477, Cooperative Agreement with the San Bernardino Associated Governments (SANBAG) for the development of the Mount Vernon Avenue Grade Separation over the BNSF Railway Intermodal Yard Project (SSO4-12).

May 16, 2016 The Mayor and City Council adopted a Resolution approving a Memorandum of Understanding ( MOU) with the San Bernardino Associated Governments (SANBAG) designating SANBAG as
Lead Agency for environmental clearance, design, right-of-way acquisition and construction of the Mount Vernon A venue Viaduct over the BNSF Railroad (SS04-12).

February 16, 2016 The Mayor and City Council authorized st aff to develop a Memorandum of Understanding ( MOU) with the San Bernardino Associated Governments (SANBAG) designating SANBAG as
Lead A gency for environmental cl earance, design, r ight-of-way acquisition and construction of the Mount Vernon Avenue Viaduct over the BNSF Railroad (SS04-12).

March 1, 2010 The Mayor and City Council adopted Resolution No. 2010-036 adopted approving Amendment No. 5 to Services Agreement with LAN Engineering Corporation for Project Management of the Mount Vernon Avenue Viaduct over the BNSF Railroad.

October 20, 2008 The Mayor and C ity Council adopted Re solution N o. 2008-405 adopted approving Amendment No. 4 to Services Agreement with LAN Engineering Corporation for Project Management of the Mount Vernon Avenue Viaduct over the BNSF Railroad.

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September 17, 2007 The Mayor and C ity Co uncil adopted Re solution N o. 2007-382 adopted approving Amendment No. 3 to A greement with LAN Engineering Corp oration for Project Management of the Mount Vernon Viaduct over BNSF Railroad.

December 20, 2004 The M ayor and C ity Co uncil adopted Re solution N o. 2004-399 adopted approving Amendment No. 2 to A greement with LAN Engineering Corp oration for Project Management of the Mount Vernon Viaduct over BNSF Railroad and Resolution No. 2004-400 adopted approving Amendment No. 1 with Jones & Stokes for additional environmental s ervices for t he Mount Vernon viaduct over the BNSF Railroad.

March 15, 2004 The Mayor and City Council adopted R esolution N o. 2004-73 authorizing execution of Professional Services Agreement with LAN Engineering Corporation for the Project Management of the Mount Vernon A ve. Viaduct over t he BNSF ra ilroad in the amount of $49,000.

December 1, 2003 The Mayor and City Council adopted a res olution a pproving Professional Environmental Services Agreement with Myra L. Frank and Ass ociates for environmental s ervices rela ted to t he Mount Vernon Bridge.
27 Packet Pg. 840
SCRRA File No. G0000338
SCRRA Project No. 860996

SBCTA contract #22-1002699
CONSTRUCTION AND MAINTENANCE AGREEMENT 22-1002699
for

MOUNT VERNON AVENUE VIADUCT REPLACEMENT

CROSSING OVER METROLINK TRACKS
between

SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY
and

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
Covering the

CONSTRUCTION
and between

SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA)
and

CITY OF SAN BERNARDINO
Covering the future

MAINTENANCE
at
CPUC No. 101SG-56.26-A DOT NO.: 026731F
SAN GABRIEL SUBDIVISION MP 56.32
BRIDGE NO.: 54C-0797
In the

CITY OF SAN BERNARDINO,

COUNTY OF SAN BERNARDINO, CALIFORNIA

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 1 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

CONSTRUCTION AND MAINTENANCE AGREEMENT
For

MOUNT VERNON AVENUE VIADUCT REPLACEMENT

This Construction and Maintenance Agreement ("AGREEMENT") is made and entered into as of the _____ day of ____________________, 20____, by and between the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State of California (hereinafter referred to as "SCRRA"), to be addressed at 900 Wilshire Blvd., Suite 1500, Los Angeles, California 90017, and the SAN BERNARDINO COUNTY TRANSPORATION AUTHORITY , the duly constituted transportation authority for San Bernardino County (hereinafter referred to as "SBCTA"),.to be addressed at 1170 W. 3 rd Street, 2nd Floor, San Bernardino, California 92410, and the CITY OF SAN BERNARDINO, a California charter city and a municipal corporation duly organized and existing under the laws of the State of California (hereinafter referred to as the "CITY" ), to be addressed at 290 North D St reet, San Bernardino, California 92401. Herein, SCRRA, SBCTA, and CITY may be individually referred to as A “PARTY” and collectively referred to as the “PARTIES.” RECITALS:

WHEREAS, SCRRA is a five -county joint powers authority, created pursuant to California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to build, maintain, administer, and operate the “METROLINK” commuter train system on railroad rights-of-way owned by the member agencies and through other shared use and joint operation agreements. The five -county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation Authority (“ LACMTA”), Ventura County Transportation (“VCTC”),

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 2 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement Orange County Transportation Authority (“OCT A”), San Bernardino County Transportation Authority (“SBCTA”), and Riverside County Transportation Commission (“RCTC”).

WHEREAS, SCRRA controls, administers, operates, and maintains the railroad track, structures, signals, communication, positive train c ontrol (“PTC”) systems, and appurtenances on the rail line known as the San Gabriel Subdivision in the area of the proposed Mount Vernon Avenue Viaduct located at the westerly portal to the Metrolink San Bernardino Depot Station.

WHEREAS, SCRRA and the “Op erating Railroads” [as used herein “Operating Railroads" means any passenger or freight -related railroad company(s) operating on SCRRA track(s), including the National Railroad Passenger Corporation (“AMTRAK”) and the Burlington Northern Santa Fe (“BNSF”) ] operate trains and rail equipment under the Mount Vernon Avenue Viaduct on right -of-way owned by BNSF .I in accordance with various agreements including but not limited to : the March 1993 “Pasadena – Redlands Easement” document, which covers SBCTA’s easement rights between the easterly end of the former Pasadena Sub division (now the San Gabriel Subdivision) and the westerly end of the Redlands Subdivision, subject to the December 1992 “Pasadena - Redlands Trackage Rights” document , which provides SBCTA’s rights to use two (2) tracks located within this easement ; the Shared Use Agreement between the Atchison, Topeka, and Santa Fe Railway Company and San Bernardino Associated Governments , dated October 30, 1992 and subsequent amendments to said agreement ; and the Agreement between SCRRA, its Member Agencies, and AMTRAK dated March 1, 1994, and otherwise known as the “Intercity Agreement”.

WHEREAS, in 2016, CITY and SBCTA entered into a Cooperative Agreement, No. 16-1001477 (“Original Agreement”) to delineate roles, responsibilities, and funding commitments relative to the environmental clearance, design and right-of-way

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 3 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement (“ROW”) phases of the PROJECT (as defined herein) for a design-build (“DB”) project delivery method.

WHEREAS, CITY and SBCTA have twice amend ed the Original Agreement:

Amendment No. 1 provides that SBCTA will provide project management services and be the implementing agency for the environmental clearance, preliminary design, ROW, and DB phases of the PROJECT as authorized by AB 1523 for a DB project delivery method ; and Amendment No. 2 clarif ies estimated PROJECT costs and funding.

WHEREAS, SBCTA is undertaking to remove the CITY’S former Mount Vernon Avenue viaduct and replace it along its current alignment with a new four (4) lane viaduct with sidewalks that will cross over the BNSF Railway Intermodal Yard and the Metrolink tracks on the San Gabriel Subdivision (“STRUCTURE”). The STRUCTURE and associated roadway improvements, drainage, streetlights, traffic signal(s ), utilities, and appurtenances comprise the project (“PROJECT”). Reference Exhibit B-3- Project Plans
WHEREAS, CITY’S former Mount Vernon Avenue Viaduct has been removed and is not a part of this AGREEMENT.

WHEREAS, SBCTA desires a formal agreement with SCRRA for SCRRA’s support services required for construction of the STRUCTURE , including flagging, safety training, inspection, project management and agency support, and design and relocation of SCRRA underground communication and signal fiber optic system in conflict with new construction of STRUCTURE at abutment No. 1 foundation , as described in Article 6.

WHEREAS, CITY is the public agency with jurisdiction of the operation and maintenance of the Mount Vernon Avenue public street and bridge crossing located over the Burlington Northern Santa Fe right -of-way and SBCTA’s San Gabriel and Short Way Subdivisions and San Bernardino Depot station right-of-way and SCRRA

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 4 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement rail facilities, and desires a formal agreement with SCRRA for the maintenance of the STRUCTURE upon completion of construction. CITY maintenance responsibilities for the STRUCTURE are described in Article 14.

WHEREAS, SBCTA and SCRRA entered into a CONSTRUCTION AGREEMENT 19- 1002210, dated June 4, 2020 , by which SCRRA provided support services for the demolition of the then-existing viaduct, design review of the new STRUCTURE plans and specifications ; said CONSTRUCTION AGREEMENT will terminate when all provisions of Article 16 - Conditions Precedent to the Start of Work, have been completed.

WHEREAS, SCRRA, SBCTA and CITY are entering into this AGREEMENT to cover the PROJECT as described in Article-2 of the AGREEMENT and as contained in the Exhibits attached hereto and made a part of this AGREEMENT.

WHEREAS, SBCTA holds the primary responsibility for state and federa l funding programming and implementation of regional highway and transit projects throughout San Bernardino County, owns the right-of-way for the SCRRA rail line known as the San Gabriel Subdivision, and is the lead agency for the PROJECT described in Article

2. Now, THEREFORE, in consideration of the foregoing recitals and mutual understandings herein, the PARTIES agree as follows:

AGREEMENT

ARTICLE 1 - LIST OF EXHIBITS

The exhibits below are attached to and made a part of this AGREEMENT as if set forth in their entirety:

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 5 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

Exhibit A Standard Terms and Conditions
Exhibit B-1 Description of Project
Exhibit B-2 Railroad Location Print
Exhibit B-3 Project Plans (Project Title Sheet and Bridge General Plan) Exhibit B-4
Exhibit B-5
Project Specifications (Cover Page)
SCRRA Approval of Plans and Related Documents
Exhibit C-1 Not Used
Exhibit C-2 Not Used
Exhibit D-1 Not Used
Exhibit D-2
Exhibit E-1

Exhibit E-2
SCRRA Scope of Work and Estimate (RAILROAD WORK)
SCRRA Form 37, Rules and Requi rements for Construction on SCRRA Property and List of Required Submittals
SCRRA Form 6, Temporary Right of Entry Agreement and
SCRRA Insurance Requirements
Access Control Management Plan Requirements
Exhibit F Funding Schedule
Exhibit G CPUC Decision Granting Authority to Reconstruct a Grade- Separated Highway-Rail Crossing

ARTICLE 2 – DESCRIPTION OF PROJECT

2.1 The PROJECT includes replacing Mount Vernon Avenue Viaduct along its current alignment with a new four (4) lane viaduct with sidewalks that will cross over the BNSF Railway Intermodal Yard and the Metrolink tracks on the San Gabriel Subdivision at Mile Post 56.32 . The STRUCTURE and associated roadway improvements, drainage, streetlights, traffic signal(s ), utilities, and appurtenances de scribe the PROJECT.

Reference Exhibit B -3, Project Plans. The removal of the then-existing, structurally

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 6 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement deficient Mount Vernon Avenue Viaduct was completed in an earlier phase of the PROJECT and is not a part of this AGREEMENT.

The general arrangement, plan, section and location of the STRUCTURE proposed by the SBCTA are shown on the location print marked as Exhibit B-2. The detailed plan(s) of the STRUCTURE and PROJECT, upon review and acceptance by CITY and SCRRA, are to be included in this AGREEMENT and are collectively marked as Exhibit B-3. The detailed specifications of the STRUCTURE and PROJECT, upon review and acceptance by CITY and SCRRA, are to be included in this AGREEMENT and are collectively marked as Exhibit B-4. The PROJECT also includes SCRRA design and relocation of SCRRA’s underground communication and signal fiber optic system , which is in conflict with new construction of STRUCTURE at abutment No. 1 foundation , as described in Article 6.

WORK AND ESTIMATE BY SCRRA.

2.2 The PROJECT also includes any and all changes to railroad PTC, communications, signals and electrical service and appurtenances, fencing, grading, alterations to or new construction of drainage facilities, and final design review, construction engineering, inspection, and contract preparation.

ARTICLE 3 – PLANS AND SPECIFICATIONS

3.1 SBCTA, at its sole cost and expense, has prepared final detailed Plans, Specifications, and Estimates (the “PS&E”) for the PROJECT, which are referenced in EXHIBITS B -3 and B -4, and have been approved by SCRRA under the terms and conditions of SBCTA and SCRRA CONSTRUCTION AGREEMENT 19-1002210, dated June 4, 2020,

3.2 SBCTA shall comply with all CITY and SCRRA terms and conditions , including those that are described in Exhibits E-1 and E-2, and including all CITY and SCRRA

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 7 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement standards, design and construction criteria and guidelines, for this PROJECT for any work performed by SBCTA or contractor(s) for the SBCTA.

3.3 The final PS&E is part of this AGREEMENT (see Exhibit B-3 and B-4). No changes in the final and approved PS&E may be made unless CITY and SCRRA has consented to the proposed changes in writing.

3.4 Upon completion of the PROJECT, SBCTA, at its sole cost and expense, shall furnish to CITY and SCRRA a USB thumb drive of electronic portable document format (PDF) files of the record drawings , developed in accordance with Caltrans procedures and depicting the as -constructed condition of the PROJECT and appurtenances. In addition, SBCTA shall furnish a PDF copy of the specifications, structural calculations, and approved prestressing shop plans of the structures to CITY and SCRRA. SBCTA shall also electronically furnish to CITY and SCRRA the drawings in an editable Microstation or AutoCAD file format.

ARTICLE 4 –SCRRA, SBCTA REQUIREMENTS

4.1 SBCTA, at its sole cost and expense, shall comply, and shall ensure that its employee(s), consultant(s) and contractor(s) comply, at all times when on the rail right - of-way, with the rules and regulations, as contained in the current editions of the following documents, which are otherwise known as “REFERENCES”, which are incorporated in this document as if they were set full in this paragraph, and can be accessed on the Metrolink Web site.
https://www.metrolinktrains.com/about/agency/engineering--construction/ a) SCRRA Right of Way Encroachment Application
b) SCRRA Right of Way Encroachment Process
c) SCRRA Form 6 Temporary Right of Entry Agreement

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 8 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement d) SCRRA Form 37 Rules and Requirements for Construction on SCRRA Right of Way
e) General Safety Regulations for Third Party Construction and Maintenance Activity on SCRRA Member Agency Property
f) Standard Terms and Conditions- As set forth in this AGREEMENT- Exhibit A

4. 2 SBCTA and all employee(s), consultant(s), and contractor(s) employed by SBCTA shall ensure compliance with the terms and conditions of th is AGREEMENT for work specified in this Article. SCRRA requires all SBCTA and CITY employee(s), consultant(s) and contractor(s) working on the PROJECT to attend the SCRRA Third Party Safety Training as a mandatory prerequisite to enter the railroad right-of-way and further requires that all such parties comply with the SCRRA Safety Rules while on railroad property.

4.3 SBCTA shall notify SCRRA’s Railroad Protective Services Contractor a minimum of three (3) weeks in advance of the daily flagging requirements for each week. Each Roadway Worker In Charge (RWIC) shift shall consist of 8 hours of support with a period of up to one hour at either end of the shift solely for the purpose of establishing or taking down protection as required. RWIC support shall be required at all times for any work within the railroad right-of-way or with the potential to foul the railroad.

4.4 SCRRA representatives may make inspections and conduct tests to judge the effectiveness of the safety training and compliance with SCRRA requirements, in accordance with SCRRA’s Efficiency Testing Program, in compliance with 49 CFR 214 – Railroad Wo rkplace Safety Regulations and SCRRA Third Party Work Rules. The SBCTA's employee(s), consultant(s), and contractor(s) shall cooperate with SCRRA, Federal, State and CITY representatives at all times. Disregard for, or failure to comply with, the require ments of 49 CFR 214 – Railroad Workplace Safety regulations, or SCRRA third -party safety requirements, may result in the removal of an offending

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 9 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement individual(s) from the SCRRA Right -of-Way. Egregious or repeated disregard for any safety rule or requirement may result in the termination of the Right-of-Entry Agreement. (Exhibit E-2/SCRRA Form 6)

4.5 SBCTA will ensure that its Contractor fully protects the track and associated infrastructure from any potential concrete spillage, from cast in drilled hole (CIDH) piling arisings or other excavation arisings and will ensure that any work above the railroad is fully protected so as to ensure that there is no potential for materials or equipment to fall onto the right -of-way beneath. SBCTA shall ensure that its contractor does not store materials or equipment upon the right -of-way which could foul the track; that before any material/equipment is stored upon the right -of-way, SCRRA’s written agreement is first secured; that a clear access path for maintenance or emergency vehicles is at all times maintained adjacent to tracks; and that activities do not generate excessive dust.

4.6 SBCTA shall provide a full-time California Registered Resident Engineer to monitor, inspect and verify compliance with contract plan s, spec ifications and special provisions on all aspects of structural construction of the PROJECT , such as bridges, foundations, walls, falsework, shoring, pre-stressed concrete and drainage structures.

4.7 SBCTA will incorporate all requirements of this AGREEMENT into the construction contract with the Contractor.

4.8 SBCTA shall grant to the CITY an aerial easement for the new bridge and footing easements for the new bridge footings for that portion of the bridge on SBCTA owned right of way. These easements shall be conveyed to the CITY in conjunction with CITY acceptance of the PROJECT at the end of construction.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 10 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement ARTICLE 5 – WORK AND ESTIMATE BY SBCTA

5.1 SBCTA shall make, at its sole cost and expense, any and all arrangements for the installation or reloca tion of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions, or public utilities other than CITY and SCRRA which may be necessary for the construction of the PROJECT.

5.2 SCRRA does not own the right of way and shall not be responsible for the removal of any contaminated or hazardous material within the limits of the PROJECT in accordance with applicable law or regulation.

5.3 SBCTA shall be responsible for all permits, licenses and agreements required by utility companies, third parties and statutory authorities for the construction and operation of the PROJECT.

ARTICLE 6 – WORK AND ESTIMATE BY SCRRA

6.1 The railroad work to be performed by SCRRA is described in Exhibit D-2 – RAILROAD WORK, d ated March 7, 2022 ("RAILROAD WORK") . SCRRA’s estimated cost for RAILROAD WORK is Two Million, Nine Hundred and Thirty Six Thousand, Six Hundred Eighty One Dollars and Zero Cents ( $2,936,681.00).

6.2 SCRRA shall design and relocat e at the SBCTA's sol e cost a nd expense, as described in Exhibit D -2 -- RAILROAD WORK, SCRRA’s underground communication, signal and fiber optic system which are in conflict with new construction of STRUCTURE at abutment No. 1 foundation.

6.3 SCRRA shall provide a Project Manager to support the PROJECT, attend progress meetings, review work plans and schedules where the scope has the potential to affect

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 11 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement SCRRA operations or at the SBCTA’s request, provide an overview of construction progress, ensure railroad operational safety and compliance with SCRRA standards and procedures, support inspections and final walk -through and to generally provide coordination between SCRRA, SBCTA and SBCTA’s contractor.

6.4 SCRRA shall provide a Construction Inspector to support the PROJECT, observe construction activities in, over and adjacent to SCRRA right of way for compliance with approved Site Specific Work Plans (“SSWP” ), attend construction meetings, observe construction activities for railroad operational safety and compliance with SCRRA standards and procedures.

6.5 SCRRA shall provide support services and coordination, including design, relocation and in -service testing of SCRRA Communication and Signal Fiber Optic underground system in conflict with STRUCTURE abutment 1 foundation. This work shall be completed not later than SBCTA’s scheduled start of construction for the STRUCTURE.

6.6 SCRRA shall also provide support of its track , signal and communication maintenance contractors for support throughout construction.

ARTICLE 7 – CONSTRUCTION BY SBCTA

7.1 SBCTA shall furnish, or cause to be furnished, all labor, materials, tools equipment, and superintendence for the performance of the SBCTA WORK. SBCTA shall also provide a full -time Resident Engineer with experience in highway -railroad grade separation projects on the site of the work during construction. The Resident Engineer must be an engineer licensed in the State of California and must have the authority to provide direction to the Contractor or Contractors employed by SBCTA. SCRRA, at

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 12 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement SBCTA’s cost and expense, may retain an inspector or engineer to make periodic reviews of the work insofar as the interests of SCRRA are affected. The CITY, at CITY’s cost, may make periodic reviews of the work insofar as the interests of CITY are affected. Resident Engineer shall coordinate the Contractor’s work schedule and progress with the SCRRA Project Manager, provide advance notifications of work window requirements and upcoming activities, and ensure that the work does not impact SCRRA or freight railroad operations.

7.2 SBCTA must supervise and inspect the operations of all SBCTA Contractors to assure compliance with the plans and specifications approved by CITY and SCRRA, the terms of this AGREEMENT, and all safety requirements of CITY and SCRRA. If CITY or SCRRA reasonably determine that SBCTA personnel are not providing proper supervision and inspection at any time during construction of the PROJECT, SCRRA or CITY ha s the right to stop construction within or adjacent to its own right-of-way.

Construction of the PROJECT, within or adjacent to the CITY street right of way or SCRRA Operating Right of Way, will not proceed until SBCTA corrects the objectionable condition or activity to the reasonable satisfaction of SCRRA or CITY, whichever is applicable. If SCRRA or CITY believes that the condition or activity is not being corrected in an expeditious manner, SCRRA or CITY will immediately notify SBCTA, and SBCTA agrees to institute appropriate corrective action.

7.3 SBCTA shall incorporate the requirements of Exhibits A, E-1 and E-2 into each prime contract for construction of the PROJECT. SBCTA shall ensure that its Contractor conforms with the requirements described in Exhibits A, E-1 and E-2, in order to avoid delay or damage to CITY and SCRRA operations, right-of-way, property, or other facilities, or the operations, property or facilities of others occupying or using SCRRA Operating Right of Way. All work done by the SBCTA, or its Contractor(s), on the right- of-way of SCRRA, shall be done in a manner satisfactory to SCRRA.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 13 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

7.4 SCRRA and SBCTA have established mutually agreeable work windows for the PROJECT as set forth herein. To facilitate scheduling for the PROJECT, SBCTA shall require its Contractor or Contractors to give SCRRA’s representative seven ty-five (75) working days advance notice of the proposed time and date for the Exclusive Track Window to which SCRRA has agreed. Should, it become impracticable to provide the work window on the date(s) established due to train operations or service obligations, SCRRA will provide the work window at the next reasonable available opportunity. SCRRA shall not be responsible for any additional costs and expenses resulting from a change in work windows.

Work Windows on the San Gabriel Subdivision and Short Way Subdivision between the following Control Points;
a) San Gabriel Subdivision; CP Vernon/JCT BNSF/JCT Short Way Subdivision MP 56.3; between CP Vernon East limit and CP Vernon West Limit; And
b) Short Way Subdivision; CP Short Way Subdivision MP 0.6; between CP Vernon West limit and CP Short Way West Limit;

Work Windows are described in Article 4.3, Work Windows and Track Access, SCRRA Form 37, Rules and Requirements for Construction on SCRRA Right of Way. 1 Form B Protection
a) Contractor will be permitted to cross the SCRRA Operating Right of Way only with work crews, equipment and materials under Form B Protection during the day or night; however, the Contractor will not be permitted to perform work in the Railroad right of way or adjacent to the right of way with work crews and equipment that could foul SCRRA tracks during the daytime Form B Protection window, unless otherwise provided for herein.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 14 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement b) Contractor will be permitted to cross over and work above the SCRRA Operating Right of Way o n the new STRUCTURE with work crews, equipment and materials under Form B Protection during the day or night ; however, the Contractor will not be permitted to perform work above the Railroad right of way that could foul Metrolink tracks during the day time Form B Protection window, unless otherwise provided for herein. 2 Track and Time with Form B Protection on adjacent track a) Week Night; Monday through Thursday:
o 2145 hours after Metrolink Train 340 passes (return WB to EMF) to 0315 hours
the following morning.
b) Weekend Night:
o Friday 2145 hours after Metrolink Train 340 passes (return WB to EMF) to Saturday 0600 hours.
o Saturday 2345 hours after Metrolink Train 376 passes (return WB to EMF) to Sunday 0600 hours.
o Sunday 2345 hours after M etrolink Train 376 passes (return WB to EMF) to Monday 0315 hours

7.5 One Exclusive Track Window will be permitted beginning Friday 2145 hours after Metrolink Train 340 passes (return WB to EMF) to Monday morning at 0315 hours to accommodate the SCRRA’s cutover and testing of SCRRA underground signal, communication and fiber optic cabling system relocation to clear interference with STRUCTURE abutment No. 1 foundation. Should SCRRA elect to perform this work on a 3-day holiday weekend, the Exclusive Track Window will end Tuesday morning at 0315 hours after Metrolink Train 340 passes (return WB to EMF ). This work will be performed by an SCRRA Contractor.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 15 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

7.6 SBCTA must advise the SCRRA Chief of Program Delivery , in writing, of the completion date of t he PROJECT within thirty (30) days after such completion date.

Additionally, SBCTA must notify SCRRA's Chief of Program Delivery, in writing, of the date on which SBCTA and its Contractor(s) will meet with SCRRA for the purpose of making final acceptance of the PROJECT. SBCTA shall ensure that any outstanding defects, omissions, site clean-up and removal of materials/equipment with the potential to affect Railroad operations are immediately addressed to SCRRA’s satisfaction.

7.7 SBCTA must advise the CITY’s Public Works Director, in writing, of the completion date of the PROJECT within thirty (30) days after such completion date. Additionally, SBCTA must notify CITY's Public Works Director, in writing, of the date on which SBCTA and its Contractor(s) will meet with CITY for the purpose of reviewing and making final acceptance of the PROJECT. SBCTA shall ensure that any outstanding defects, omissions, site clean- up and removal of materials/equipment with the potential to affect CITY operations are immediately addressed to CITY’s satisfaction.

ARTICLE 8 – SHOOFLY CONSTRUCTION (NOT USED)

ARTICLE 9 – TRACK STABILIZATION PERIOD (NOT USED)

ARTICLE 10 – DISTRIBUTION OF COSTS

10.1 The sources of funding for the PROJECT include Federal, state and local funds, as shown on Exhibit E, attached hereto. SBCTA and SCRRA shall conform to all requirements regarding expenses and invoicing provided in the funding contracts and agreements attached to this AGREEMENT as Exhibit F. SCRRA acknowledges that certain funding is contingent upon execution of this AGREEMENT.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 16 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

10.2 The current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I, and 23 CFR 646, Subparts A and B, are incorporated into this AGREEMENT by reference, and constru ction wo rk by the SBCTA and Contractor(s) shall be performed, and any reimbursement to SCRRA for work it performs, shall be made in accordance with the Federal Aid Policy Guide. If there is no corresponding closure of an existing grade crossing as part of the PROJECT as provided in 23 CFR 646.210(b)(2), the PROJECT is of no ascertainable benefit to SCRRA and SCRRA shall not be obligated to pay or contribute to any PROJECT costs.

ARTICLE 11 – PAYMENT FOR SCRRA WORK

11.1 Upon execution of this AGREEMENT, SBCTA shall deposit Eight Hundred Thousand Dollars and zero cents ($800,000.00) of the estimated cost for SCRRA to relocate the existing SCRRA underground communication, signal and fiber optic cabling in conflict with STRUCTURE Abutment No. 1. When the PROJECT commences construction, SBCTA will make a second deposit of One Million Sixty -Eight Thousand Three Hundred Forty Dollars and Fifty Cents ($1,068,340.50), which is one half (1/2) of the remaining SCRRA Scope of Work and Cost Estimate (Exhibit D-2). When the actual cost and expenses incurred, including the estimated Railroad Flagging and Safety Training, reach fifty percent (50%) of the second deposit of $1,068,340.50, SCRRA shall notify SBCTA in writing and shall provide back -up for expenses to -date agai nst the deposit. SBCTA and SCRRA will then analyze costs to date and projected costs to close out the PROJECT to confirm the appropriate amount of the last deposit, SBCTA shall then deposit the remaining balance of the estimated amount Railroad Flagging and Safety Training, $1,068,340.50 or other mutually agreeable amount.

If at any time, the actual cost, including the estimated allocated overhead, exceeds eighty percent (80%) of the amount deposited by SBCTA, SCRRA may, in its sole discretion,

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 17 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement revise its estimates of the amount of RAILROAD WORK remaining, and SBCTA shall deposit any additional amounts in excess of the original deposit with SCRRA.

11.2 SCRRA will submit quarterly statements of costs incurred by SCRRA for review by SBCTA. SBCTA shall review the statement for conformance with the applicable provisions of 48 CFR 31 or the requirements of the funding agreements contained in Exhibit F within Twenty (20) business days and provide SCRRA with written approval, comments and/or objections in writing.

11.3 Until SCRRA receives formal approval of its final overhead rates, the Federal Transit Administration provisional overhead rate will be provided for cost estimation and budgeting purposes. SCRRA will invoice utilizing the Federal Transit Administration provisional overhead rate until the Federal Transit Administration, SCRRA’s cognizant audit Agency, has approved the final rate at the completion of its audit, at which time SCRRA will reconcile all previous invoices and make adjustments where appropriate. Upon completion of the PROJECT, and after the SCRRA overhead rate for each period covering the construction of the PROJECT is approved by the cognizant audit Agency, SCRRA will send SBCTA a detailed statement of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit D-2.

11.4 SCRRA, if it so elects, may recalculate and update the Estimate as contained in Exhibit D-2 submitted to SBCTA in the event SBCTA does not commence construction on the portion of the PROJECT located on the SCRRA right-of-way within six (6) months from the date of the execution of the AGREEMENT.

11.5 SBCTA acknowledges that the Estimate as contained in Exhibit D-2 includes an estimate of the flagging or other protective service costs provided by S CRRA that are to be paid by SBCTA in connection with the PROJECT.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 18 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

11.6 SBCTA acknowledges that by entering into this AGREEMENT, SCRRA will provide services and accommodations to promote the public interest in the PROJECT without profit or other economic bene fit. No twithstanding the amount of any estimate provided by SCRRA, SBCTA agrees to reimburse SCRRA for one hundred percent (100%) of all actual costs incurred by SCRRA in connection with the PROJECT including, but not limited to, actual costs of engineeri ng revie w, coordination, construction inspection, flagging or other protective service, procurement of materials, equipment rental, manpower and deliveries to the job site and all of the normal and customary additives applicable to SCRRA (which shall inclu de direct and indirect overhead costs) associated therewith.

ARTICLE 12 -- PERMIT TO CONSTRUCT STRUCTURE

Not Used.

ARTICLE 13 - CONTRACTOR'S RIGHT OF ENTRY PERMIT AND INSURANCE

13.1 Entry onto the SCRRA Operated Right of Way by SBCTA or its Contractor(s) shall at all times be subject to the then-current requirements for entering the SCRRA Operated Right of Way and the SCRRA procedures and requirements for securing railway flagging or other protective services.

13.2 Entry onto the CITY road right-of-way by SBCTA or its Contractor(s) for the PROJECT shall at all times be subject to the then-current requirements for entering the CITY right-of-way. Cost for an encroachment permit from the CITY shall be at no cost to SBCTA, its Consultant(s) and Contractor(s).

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 19 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

13.3 SBCTA shall incorporate the provisions set forth in Exhibits A, Exhibit E-1 and Exhibit E-2, into each contract for construction of the PROJECT. SBCTA shall further require that each of its Contractors comply with the requirements set forth in Exhibits A, Exhibit E-1 and Exhibits E-2, to this AGREEMENT.

13.4 If SBCTA retains a Contractor(s) to perform construction on the PROJECT or CITY retains a Contractor(s) to perform any work involving the PROJECT (including any subsequent relocation or maintenance and repair work), SBCTA and CITY shall require the Contractor(s) to:

a) Execute SCRRA "Form 6 – Right -of -Entry Agreement" or similar form of agreement as adopted by SCRRA at the time that any future work is performed without modification. A co py of Form 6 as currently adopted by SCRRA is included with AGREEMENT as Exhibit E-2
b) Furnish and provide the bonds, insurance policies, certificates, binders, endorsements or combinations thereof in accordance with the insurance requirements accompanying S CRRA "Form 6 – Right –of-Entry Agreement" and as described in Exhibit E-2
c) Furnish all SCRRA administrative and railroad protection service costs associated with provision of the right -of-entry agreement and the contractor’s safe execution of the work
d) Furnish and provide the CITY, when retained by SBCTA, bonds, insurance policies, certificates, binders, endorsements or combinations thereof at least equal to the insurance provisions required of the Contractor by SBCTA, including naming CITY as additionally insured.

13.5 SBCTA shall not allow any Contractor or Contractors to commence any work in the CROSSING AREA or on any other portion of the SCRRA Operated Right of Way until the

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 20 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement contractor or contractors have provided the required insurance and t he right-of-entry is approved and signed by SCRRA.

13.6 SBCTA shall not allow any Contractor(s) or consultants(s) to commence any work in an y portion of CITY right-of-way until contractor(s) or consultant(s) have provided required insurance and CITY has provided written approval to enter.

13.7 All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:

SCRRA
Andy Althorp
Assistant Director of Construction
2558 Supply Street Building A, Pomona, California 91767 Email: althorpa @scrra.netPhone: (213) 494-8080
SCRRA File No. G0000938
SCRRA Project No. 860967

CITY of San Bernardino
Alex Qishta, P.E.

Interim Director of Public Works/City Engineer
290 North D Street, San Bernardino, CA 92401
Email: [email protected]
Phone: (909) 384-5019

13.8 SBCTA may not self -insure any portion of the insurance coverage for work performed by the employees of SBCTA without the prior approval of CITY and SCRRA.

13.9 Under no circumstances will personnel, equipment, or material of a Contractor or SBCTA be allowed on the CITY right-of-way or SCRRA Operated Right of Way without providing the insurance required by this article and arranging for flagging or other protective services, as applicable.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 21 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement ARTICLE 14 - MAINTENANCE OF COMPLETED STRUCTURE

14.1 SCRRA will accept, operate, and maintain, at its sole cost and expense, the following portions of the PROJECT:
a) The railroad roadbed, ballast, track and appurtenances. b) The railroad signal and communication facilities and appurtenances. c) The railroad maintenance roads located on the railroad right-of-way and on the railroad side of access gates;
d) The railroad drainage structures;
e) Other facilities which SCRRA shall operate and /or m aintain, whether constructed by SBCTA or SCRRA.

14.2 Upon completion of the PROJECT and acceptance by the CITY, CITY will own and maintain, at its sole cost and expense, the following portions of the PROJECT related to Mount Vernon Avenue roadway and bridge:
a) The bridge superstructure, bridge seats, bearings, and bearing areas; b) The bridge abutments, piers, backwalls, wingwalls, and connecting retaining walls;
c) The roadway including the roadway approaches and curbs, gutters, sidewalks and appurtenances thereto;
d) The overpass and roadway approach lighting;
e) The roadway drainage structures, storm drain laterals, and collecting storm drains;
f) The roadway signage and striping;
g) The railings and appurtenances of roadway and bridge crossing for protection or benefit of vehicles and pedestrians;
h) All other work constructed by the PROJECT as it specifically relates to vehicular and pedestrian use of the roadway and bridge crossing.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 22 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

14.3 At C ITY’s sole cost and expense, CITY shall keep the STRUCTURE well - maintained and clean, and shall promptly remove any graffiti. Subject to the provisions in this AGREEMENT, CITY shall notify SCRRA and obtain its approval before performing i) inspection that requires access to the STRUCTURE, ii) alterations or modifications to the STRUCTURE, or iii) any maintenance or graffiti removal.

14.4 SBCTA shall be responsible for clearance of vegetation, debris or trash under the STRUCTURE. SBCTA shall trim, mow, prune, remove, or otherwise control all vegetation upon SBCTA property, excepting anything within twenty (20) feet of the centerline of the San Gabriel subdivision tracks (the SCRRA operating right of way) for which SCRRA shall be responsible for said clearance of vegetation, debris or trash under the STRUCTURE.

ARTICLE 15 – EFFECTIVE DATE; TERM AND TERMINATION.

15.1 This AGREEMENT shall become effective as of t he date signed by SCRRA and shall continue in full force and effect for as long as the STRUCTURE remains within the Crossing Area.

15.2 In the event SBCTA does not commence co nstruction on the portion of the PROJECT located on the SCRRA CROSSING AREA within eighteen (18) months of the EFFECTIVE DATE of the AGREEMENT, SCRRA may, if it so elects, terminate this AGREEMENT effective thirty (30) days after delivery of written notice to SBCTA.

15.3 SCRRA may suspend its performance under this AGREEMENT if it becomes impracticable to proceed because of a lack of PROJECT funding or restrictions on the distribution of funds.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 23 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

15.4 If the AGREEMENT is terminated or suspended for any reason, SBCTA shall pay to SCRRA and CITY all actual costs incurred by SCRRA or its Contractor(s) in connection with the PROJECT up to the date of termination or suspension, including, without limitation, all actual costs incurred by SCRRA and CITY, including allocated overhead in connection with reviewing any preliminary or final PROJECT PS&E.

ARTICLE 16 - CONDITIONS PRECEDENT TO START OF WORK

16.1 Neither SBCTA nor any Contractor(s) retained by SBCTA may commence any work within the Crossing Area or on any other SCRRA managed property until:

a) SCRRA, SBCTA, and CITY have executed this AGREEMENT. b) SBCTA has deposited required advance funds with SCRRA as provided for in Article 11.1
c) SCRRA has provided written approval of the Plans and Related Documents to SBCTA.
d) CITY has provided its written approval of the PS&E to SBCTA. e) Each Contractor(s) has executed SCRRA "Form No. 6 - Temporary Right-of-Entry Agreement" and has obtained and provided to SCRRA the insurance policies, certificates, binders, endorsements, or a combination thereof set forth in the "Form 6 – Temporary Right-of-Entry Agreement and this AGREEMENT. Should the prime contractor elect to provide insurance and indemnification for all of its subcontractors then only the prime contractor shall obtain the Form No. 6 Temporary Right-of-Entry Agreement. Application for Temporary Right-of-Entry Agreement shall include the Contractors Access Control Management Plan, Exhibit E-2.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 24 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement f) Each Contractor(s) has obtained a CITY encroachment permit, if needed, for work in the PROJECT area.
g) All required sums for payment of SCRRA engineering support and protective services have been deposited with SCRRA in accordance with the terms of this AGREEMENT.
h) Each Contractor(s) has provided CITY a copy of insurance policies, binders, and endorse ments sh owing compliance with insurance requirements outlined in this AGREEMENT.

ARTICLE 17 - INDEMNIFICATION

17.1 No PARTY shall be responsible for any damage or liability arising out of any act or omission by any other PARTY in connection with any as pect of the PROJECT, or any obligation under this AGREEMENT.

17.2 SBCTA shall indemnify, defend and hold harmless SCRRA, the Operating Railroads, the City, and their respective member agencies, directors, officers, agents, volunteers, contractors, and employees (“SCRRA/City Indemnitees”) from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury , or property damage, that are incurred by or asserted against the SCRRA/City Indemnitees arising out of or connected with any negligent acts or omissions on the part of SBCTA under or in connection with any aspect of the RAILROAD WORK, work, autho rity or obligation agreed to by SBCTA under this AGREEMENT. This indemnity shall survive completion of the PROJECT, SBCTA WORK, RAILROAD WORK and termination of this AGREEMENT.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 25 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

17.3 SCRRA shall indemnify, defend and hold harmless SBCTA, the Operating Railroads, the City, and their respective member agencies, directors, officers, agents, volunteers, contractors, and employees (“SBCTA/City Indemnitees”) from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the SBCTA/City Indemnitees arising out of or connected with any negligent acts or omissions on the part of SCRRA under or in connection with any aspect of the RAILROAD WORK, work, authority or obligation agreed to by SCRRA under this AGREEMENT. This indemnity shall survive completion of the PROJECT, SBCTA WORK, RAILROAD WORK and termination of this AGREEMENT.

17.4 City shall indemnify, defend and hold harmless SCRRA, SBCTA , the Operating Railroads, and their respective member agencies, directors, officers, agents, volunteers, contractors, and employees (“SCRRA/SBCTA Ind emnitees”) from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the SCRRA/SBCTA Indemnitees arising out of or connected with any negligent acts or omissions on the part of City under or in connection with any aspect of the RAILROAD WORK, work, authority or obligation agr eed to b y City under this AGREEMENT. This indemnity shall survive completion of the PROJECT, SBCTA WORK, RAILROAD WORK and termination of this AGREEMENT.

17.5 In contemplation of the provisions of Government Code §895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being PARTIES to an agreement, as defined in Government Code §895, each of the PARTIES hereto, pursuant

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 26 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement to the authorization contained in Government Code §895.4 and §895.6, will assume the full liability imposed upon it or any of its officers, agents or employees by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of §895.2.. To achieve this purpose, each PARTY agrees to indemnify and hold harmless each other for any cost or expense that may be imposed upon each other solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof as if incorporated herein.

ARTICLE 18 -GENERAL PROVISIONS

18.1 This AGREEMENT shall continue in force and effect unless otherwise provided herein, until mutual termination by the PARTIES. The covenants and provisions of this AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of CITY and SCRRA. SBCTA’s obligations under this AGREEMENT shall terminate upon PROJECT acceptance by the CITY, except as otherwise provided in Article 17.

18.2 This AGREEMENT may be modified or amended only in writing. All modifications, amendments, changes and revisions of this AGREEMENT, in whole or part and from time to time, shall be binding upon the PARTIES, so long as the same shall be in writing and executed by the CITY, SBCTA and SCRRA.

.

18.3 The PARTIES to the AGREEMENT shall maintain all records associated with the PROJECT for the period of three (3) years from the date of the final invoice in accordance with 23 CFR 645. If funding is provided by State and FHWA, under 23 U.S. Code, Chapter 1, Section 130, the books pertaining to the work shall be open to inspection and audit by

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 27 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement representatives of the State and FHWA for three years after FHWA payment of final invoice.

Furthermore, each PARTY shall make all records available for audit by SCRRA, or SBCTA, or State, or Federal auditors, or all or any combination. All audits are to be performed in accordance with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31.

18.4 In addition to the specific provisions of this AGREEMENT, the delay in performance by any PARTY hereunder shall not be a default where delays or defaults are due to circumstances outside the control of any PARTY, such as war; insurrection; strikes; lock- outs; riots; floods; earthquakes; fires; casualties; accidents; emergencies; acts of God; acts of the public enemy; pandemics; epidemics; quarantine restrictions; freight embargoes; unusually severe weather; Federally-mandated inspections and maintenance; and/or any other causes beyond the control or without the fault of the PARTY claiming an extension of time for any such cause. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of commencement of the cause. If, however, notice by the PARTY claiming such extension is sent to the other PARTY more than thirty (30) days after the commencement of the cause, the period shall commence to run only 30 days prior to the giving of such notice.

18.5 The execution and delivery of this AGREEMENT by eac h PARTY and th e consummation of the transactions contemplated hereby are within the power of each PARTY and have been duly authorized by all necessary actions of each respective PARTY.

18.6 In the event any part of this AGREEMENT is declared by a court of comp etent jurisdiction to be invalid, void or unenforceable, such part shall be deemed severed from the remainder of the AGREEMENT and the balance of the AGREEMENT shall remain in effect.

27.a
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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 28 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

18.7 This AGREEMENT shall be construed and interpreted under the laws of the State of California.

18.8 The article and section headings in this AGREEMENT are for convenience only and shall not be used in its interpretation or considered part of this AGREEMENT.

18.9 The RECITALS set forth above are incorporated into this AGREEMENT.

18.10 This AGREEMENT may be executed in counterparts and by the PARTIES hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same AGREEMENT.

18.11 Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to have been given when in the ordinary course it would be delivered. The representatives of the PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, demands and communications shall be given, are as follows:

To SBCTA To SCRRA
Mr. Henry Stultz Mr. Justin Fornelli, P.E.

Director of Project Delivery Chief of Program Delivery SBCTA Southern California Regional Rail Authority
1170 W. Third St., 2nd Floor 2558 Supply Street, Bldg. A San Bernardino, CA 92410 Pomona, CA 91767
[email protected] [email protected]
909-884-8276 909-593-4291
To CITY
Alex Qishta, P.E.

Interim Director of Public Works/City Engineer
290 North D Street, San Bernardino, CA 92401
Email: [email protected]
Phone: (909) 384-5019

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 29 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be duly executed in by their duly qualified and authorized officials.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 30 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

SOUTHERN CALIFORNIA

REGIONAL RAIL AUTHORITY

By:________________________________
Darren M. Kettle
Chief Executive Officer

APPROVED AS TO FORM:

By:_______________________________
Don O. Del Rio
General Counsel

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 31 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

By: _______________________________
Curt Hagman
President, SBCTA Board of Directors

APPROVED AS TO FORM:

By:_______________________________
Julianna K. Tillquist
SBCTA General Counsel

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 32 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

CITY OF SAN BERNARDINO

APPROVED BY:

________________________________
Robert D. Field
City Manager

ATTESTED BY:

_______________________________
Genoveva Rocha, CMC
City Clerk

APPROVED AS TO FORM:

By:________________________________
Best Best & Krieger LLP
City Attorney

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 33 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

Exhibit A

To Construction and Maintenance Agreement
for

MOUNT VERNON AVENUE VIADUCT

REPLACEMENT

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 34 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

SCRRA Standard Terms and Conditions

EXHIBIT A
To Construction Agreement

STANDARD TERMS AND CONDITIONS
SECTION 1 - CONDITIONS AND COVENANTS
a) SCRRA makes no covenant or warranty of title for quiet possession or against encumbrances.

Any lines constructed on the railroad right -of-way by or under authority of SBCTA for the purpose of conveying electric power or communications incidental to SBCTA's use of the right -of-way for highway purposes shall be constructed in accordance with specifications and requirements of SCRRA, and in such manner as not adversely to affect communication or signal lines of SCRRA or its licensees now or hereafter located upon said right-of-way. No non-party shall be admitted by SBCTA to use or occupy any part of the railroad right-of-way without SCRRA's written consent. Nothing herein shall obligate SCRRA to give such consent.

27.a
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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 35 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement b) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also to any renewals thereof. SBCTA shall not damage, destroy or interfere with the right-of-way or rights of nonparties in, upon or relating to the railroad right -of-way, unless SBCTA at its own expense settles with and obtains releases from such nonparties. c) SCRRA and its member agencies reserve the righ t to use and to grant to others the right to use the Crossing for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the right -of-way; also the right to cross the Crossing with all kinds of equipment. SCRRA further reserves the right to attach signal, communication or power lines to any highway facilities located upon the right-of-way, provided that such attachments shall comply with CITY 's specifications and are approved by the CITY, such approval not unreasonably withheld, and will not interfere with the use of the Crossing.
d) So far as it lawfully may do so, SBCTA will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing, excepting taxes levied upon and against the right -of-way as a component part of SCRRA's operating right-of-way.

SECTION 2 - CONSTRUCTION OF PROJECT
a) All work contemplated in this AGREEMENT must be performed in a good and workmanlike manner and each portion must be promptly commenced by the PARTY obligated by this AGREEMENT to perform the work. All work must be diligently prosecuted to conclusion in its logical order and sequence.

All changes or modifications proposed during construction which affect SCRRA or the interests of SCRRA will be subject to SCRRA's approval prior to the commencement of work on al l such changes or modifications.
b) SBCTA, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the PROJECT, and will furnish to SCRRA upon request with satisfactory evidence that such authority has been obtained. SBCTA shall act as the lead agency on all planning, environmental approval and permitting activities required by State or Federal law and shall obtain and pay for all other permits and licenses required by law or regulation for the PROJECT through the construction phase of the project.

27.a
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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 36 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement c) All construction work of SBCTA upon the railroad right-of-way shall be performed and completed in a manner satisfactory to the Director of Engineering and Construction of SCRRA or his authorized representative and in accordance with the Plans, Specifications and Estimates, SCRRA’s Minimum Requirements set forth in Exhibit B-5, E-1, and E-2, and other guidelines or standards furnished by SCRRA.
d) SBCTA shall require its Contractor(s) to reasonably adhere to the construction schedule adopted for all PROJECT work. Reasonable time must be allowed in the schedule for SCRRA to perform the RAILROAD WORK for which it is responsible. However, regardless of the requirements of the construction schedule, SCRRA reserves the right to reallocate the labor forces assigned to complete the RAILROAD WORK in the event of an emergency to provide for the immediate restoration of railroad operations or to protect persons or property on or near the railroad right-of-way. SCRRA will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. SBCTA and SCRRA mutually agree that any reallocation of labor forces by SCRRA pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this AGREEMENT by SCRRA. e) All construction work performed by or the responsibility of SBCTA shall be performed diligently and completed within a reasonable time, and in any event within four (4) years from the effective date of this AGREEMENT, or within such further period of time as may be specified in writing by SCRRA's Director of Engineering and Construction. No part of the PROJECT shall be suspended, discontinued or unduly d elayed without SCRRA's written consent and subject to such reasonable conditions as SCRRA may specify. It is understood that SCRRA's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of SBCTA. SBCTA hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against SCRRA. f) SCRRA will have the right to stop construction work on the PROJECT if any of the following events take place:
i) SBCTA (or any of its Contractor(s)) performs the PROJECT work in a manner contrary to the plans and specifications approved by SCRRA;
ii) SBCTA (or any of its Contractor(s)), in SCRRA’ s opinion, prosecutes the PROJECT work in a manner which is hazardous to the railroad right -of-way, facilities or the safe and expeditious movement of railroad traffic;

27.a
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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 37 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement iii) the insurance required by the AGREEMENT is canceled during the course of the PROJECT or does not meet the minimum requirements specified herein; or iv) SBCTA fails to pay any non -disputed costs incurred by SCRRA as provided in the AGREEMENT.
g) The work stoppage may continue until all necessary actions are taken by SBCTA or its Contractor(s) to rectify the conditions to the satisfaction of SCRRA’s Director of Engineering and Construction or until additional insurance has been delivered to and accepted by SCRRA, or the obligations are brought current.

SECTION 3 - INJURY AND DAMAGE TO PROPERTY
If SBCTA, in the performance of any work contemplated by this AGREEMENT or by the failure to do or perform anything for which SBCTA is responsible under the provisions of this AGREEMENT, shall injure, damage or destroy any property of the railroad or of any o ther person lawfully occupying or using the right-of-way of the railroad, such property shall be replaced or repaired by SBCTA at SBCTA's own expense, or by SCRRA at the expense of SBCTA, and to the satisfaction of SCRRA's Director of Engineering and Construction.

SECTION 4 - PAYMENT FOR WORK BY SCRRA
Payment for work by SCRRA shall be in accordance with Article 11-Payment for SCRRA Work as set forth in the Construction and Maintenance Agreement.

SECTION 5 - MAINTENANCE AND REPAIRS (NOT USED)
SECTION 6 - SAFETY MEASURES; PROTECTION OF SCRRA OPERATIONS It is understood and recognized that safety and continuity of SCRRA's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assure d, and in order that accidents and/or incidents may be prevented and avoided, it is agreed with respect to all of said work of SBCTA that the work will be performed in a safe manner and in conformity with the following standards:

27.a
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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 38 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement a) SBCTA and Contractor. All references in this AGREEMENT shall also include the Contractor(s), its subcontractors of any tier, and their respective officers, agents and employees, and others acting under its or their authority; and all references in this AGREEMENT to work of SBCT A shall include work both within and outside of the railroad right-of-way.
b) Compliance with Laws . SBCTA shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. SBCTA shall use only such methods as are consistent with safety, both as concerns SBCTA, SBCTA's agents and employees, the officers, agents, employees and property of SCRRA and the public in general. SBCTA (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts, labor laws, laws governing trade, travel and use of material, and similar laws or regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the railroad operating right-of-way. If any failure by SBCTA to comply with any such laws, regulations, and enactments shall result in any fine, penalty, cost or charge being assessed, imposed or charged against SCRRA, SBCTA shall reimburse and indemnify SCRRA for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. SBCTA further agrees in the event of any such action, upon notice thereof being provided by SCRRA, to defend such action free of cost, charge, or expense to SCRRA. c) No Interference or Delays . SBCTA shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of SCRRA's tracks or facilities, or any communication or signal lines, PTC system and critical features, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the railroad right -of-way or facilities. d) Supervision. SBCTA, at its own expense, shall adequately supervise and ins pect all work to be performed by SBCTA’s Contractor(s), and shall not inflict injury to persons or damage to property for the safety of whom or of which SCRRA may be responsible, or to property of SCRRA. The responsibility of SBCTA for safe conduct and adequate policing and supervision of the PROJECT shall not be lessened or otherwise affected by SCRRA's approval of plans and specifications, or by SCRRA's collaboration in performance of any work, or by the presence at the work site of SCRRA's representatives, or by compliance by SBCTA with any requests or recommendations made by such representatives. If a representative of SCRRA is assigned to the PROJECT, SBCTA will give due consideration to suggestions and recommendations made by such representative for the safety and protection of SCRRA's property, right - of-way, and operations.

27.a
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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 39 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement e) Suspension of Work. If at any time SBCTA Resident Engineer or the Director of Engineering and Construction of SCRRA or their respective representatives shall be of the opinion that any work of SBCTA is being or is about to be done or prosecuted without due regard and precaution for safety and security, SBCTA shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.
f) Removal of Debris. SBCTA shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any railroad operating right-of-way or facilities of SCRRA; and any such material and debris shall be promptly removed from the railroad operating right-of-way by SBCTA at SBCTA's own expense or by SCRRA at the expense of SBCTA. SBCTA shall not cause, suffer or permit any water to be drained or pumped onto the railroad operating right-of-way during any dewatering from the Crossing without the prior permission of SCRRA Director of Engineering and Construction. g) Explosives. SBCTA shall not discharge any explosives on or in the vicinity of the railroad right - of-way without the prior consent of the SCRRA Director of Engineering and Construction, which will not be given if, in the sole discretion of SCRRA's Director of Engineering and Construction, such discharge would be dangerous or would interfere with the railroad right -of-way, property or facilities. For the purposes hereof, the "vicinity of the railroad operating right-of-way" shall be deemed to be any place on the railroad operating right-of-way or in such close proximity to the railroad operating right-of-way that the discharge of explosives could cause injury to SCRRA's employees or other persons, or cause damage to or interference with the facilities or operations on the railroad operating right-of-way. SCRRA reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, stora ge, sec urity and use of explosives as SCRRA, in SCRRA's sole discretion, may deem to be necessary, desirable or appropriate. h) Excavation. SBCTA shall not excavate from existing slopes nor construct new slopes which are excessive as defined in SCRRA Excavation Support Guidelines and may create hazards of slides or falling rock or impair or endanger the clearance between existing or new slopes and the tracks of SCRRA. SBCTA shall not do or cause to be done any work which will or may disturb the stabilit y of any area or adversely affect SCRRA's tracks or facilities. SBCTA, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by SBCTA in connection with construction, maintenance or other work. Systems for the support of any excavation must conform to the requirements of SCRRA Excavation Support Guidelines. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by SCRRA's Director of Enginee ring an d Construction to

27.a
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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 40 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement withstand all stresses likely to be encountered, including any stresses resulting from railroad surcharges or vibrations caused by SCRRA's operations in the vicinity. i) Falsework. No falsework may be erected over the track or on the railroad right-of-way except as approved by SCRRA. All falsework must conform to the requirements of the Caltrans Falsework Manual for traffic openings and any additional provisions provided by SCRRA. j) Fiber Optic Cables. Fiber optic and other cab le systems may be buried on the railroad right -of- way. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users , resulting in business interruption and loss of revenue and profits. SBCTA and its consultants and contractors shall telephone the Underground Service Alert of Southern California toll -free at (800) 227-2600 a minimum of two (2) workings days before performing any excavation. k) SCRRA Signal and Communication Facilities. SCRRA is not a member of Underground Service Alert of Southern California. SBCTA, and its consultants and contractors, shall call SCRRA Signal Department at (909) 592-1346 to request marking of signal and communication cables or conduits or both a minimum of 72-hours prior to performing any excavation on the railroad operating right-of-way. No work may proceed until SBCTA has been provided with an SCRRA dig number , in addition to that provided by Underground Service Alert. In case of signal emergencies or grade crossing problems, the contractor shall call SCRRA's 24-hour signal emergency number at (888) 446-9721.

SECTION 7 - INTERIM WARNING DEVICES
If at any time it is determined by the CPUC or FRA, by SBCTA, or by agreement between the PARTIES, that new or improved train activated warning devices should be installed at the Crossing, SBCTA shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the construction or reconstruction of the PROJECT has been completed.

SECTION 8 - OTHER RAILROADS AND AGENCIES
All protective and indemnifying provisions of this AGREEMENT shall inure to the benefit of SCRRA and any other Operating Railroad company lawfully using the railroad right -of-way or facilities. On any certificate of insurance furnished pursuant to this AGREEMENT, SCRRA must be named as the Certificate holder or the insured. The following must be named as an additional insured:

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 41 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement Los Angeles County Metropolitan Transportation Authority (METRO) Orange County Transportation Authority (OCTA)
Riverside County Transportation Commission (RCTC)
San Bernardino County Transportation Authority (SBCTA)
Ventura County Transportation Commission (VCTC)
Burlington Northern Santa Fe Corporation (BNSF)
National Railroad Passenger Corporation (Amtrak)
Union Pacific Railroad Company (UPRR)
SECTION 9 - REMEDIES FOR BREACH OR NONUSE
Omitted.

END EXHIBIT A

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 42 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement Exhibit B-1

To Construction and Maintenance Agreement
for

MOUNT VERNON AVENUE VIADUCT

REPLACEMENT

Description of Project

27.a
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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 43 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

DESCRIPTION OF PROJECT
The San Bernardino County Transportation Agency (“SBCTA”) desires to replace the Mount. Vernon Avenue Viaduct, DOT No. 026731F, CPUC No. 101SG-56.26-A which crossed (which has already been deconstructed) above the railroad right of ways, track and facilities of the BNSF Railway Intermodal Yard and Southern California Regional Rail Authority (“SCRRA”) San Gabriel and Shortway Subdivisions in the City of San Bernardino along its current alignment with a new four (4) lane viaduct with sidewalks, associated roadway improvements, drainage, street lights, traffic signal(s) and appurtenances that will cross over the BNSF Railway Intermodal Yard and the Metrolink tracks on the San Gabriel and Shortway Subdivisions.

END EXHIBIT B-1

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 44 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

Exhibit B-2

To Construction and Maintenance Agreement
for

MOUNT VERNON AVENUE VIADUCT

REPLACEMENT

Railroad Location Print

27.a
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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 45 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

27.a
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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 46 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement Exhibit B-3

To Construction and Maintenance Agreement
for

MOUNT VERNON AVENUE VIADUCT

REPLACEMENT

Project Plans
(Project Title Sheet and Bridge General Plan)

Redacted: SSI

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 47 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

Exhibit B-4

To Construction and Maintenance Agreement
for

MOUNT VERNON AVENUE VIADUCT

REPLACEMENT

Project Specifications
(Cover Page)

Redacted: SSI

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 48 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

Exhibit B-5

To Construction and Maintenance Agreement
for

MOUNT VERNON AVENUE VIADUCT

REPLACEMENT

SCRRA Approval
of Plans and Related Documents

27.a
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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 49 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

January 25, 2022
File No. G0000338
Project No. 860996
San Gabriel Sub. MP 56.32

Tom Densford
PCM Design Manager
Biggs Cardosa Associates, Inc.
500 S. Main Street, Suite 400
Orange, CA 92868-4507

Subject: Amendment to Traylor-Granite Joint Venture (“TGJV” ) Temporary Right of Entry Agreement, dated December 16, 2020, to include Submittal No. DES 21.1, 100% Viaduct and Walls Plans for the Mount Vernon Avenue Viaduct Replacement Project.

Dear Mr. Densford:

This letter serves as an Amendment to Traylor-Granite Joint Venture (“TGJV” ) Temporary Right

27.a
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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 50 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement of Entry Agreement, to include the SCRRA Acceptance of Submittal No. DES 21.1, 100% Viaduct and Wall Plans for the Mount Vernon Avenue Viaduct Replacement Project and made a part of Temporary Right of Entry Agreement.

SCRRA has not reviewed the design details or calculations for structural integrity or engineering accuracy.

SCRRA does not accept resp onsibility for errors or omissions in the design. This review is limited to potential impacts on railroad operations and that it meets the standards of SCRRA. Acceptance by SCRRA shall not be deemed to mean that the design and construction is structurally sound and appropriate or that the design meet applicable regulations, laws, statutes, local ordinances, building codes, or any combination thereof.

If you have any questions or need additional information, please contact me at 909-754-4334 (cell).

Sincerely,

Douglas H. Mays. P. E.

SCRRA Project Manager
3rd Party Grade Separations

Attachments.

100% Bridge and Wall Plans (DES-021.1):

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 51 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement Redacted: SSI

Supplemental Submittals:

Redacted: SSI
Geometric Approval Documents (DES-013) – No Exceptions Taken

• Street Improvement Plans (DES-023) – Clean copy and marked up copy provided

• Bridge and Wall Foundation Reports (DES-018) – Clean copies and CRF provided

• Drainage Report (DES-022) – Clean copy, supplemental document, and CRF provided

Cc:

Andrew Althorp SCRRA
Daniel Villagomez, SCRRA
Christos Sourmelis, SCRRA
Justin Duke, Jacobs Engineering Group, Inc.

Kristi Harris, Project Manager

END EXHIBIT B-5

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 52 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

Exhibit D-2

To Construction and Maintenance Agreement
for

MOUNT VERNON AVENUE VIADUCT

REPLACEMENT

SCRRA Scope of Work and Estimate
(RAILROAD WORK)

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 53 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

TASK UNIT COST TOTAL
1 DESIGN CIVIL 0 LS
2 DESIGN SIGNAL 1 LS 25,000.00$ $25,000.00
3 DESIGN SUPPORT - CIVIL 0 LS
4 DESIGN SUPPORT - SIGNAL 1 LS 45,000.00$ $45,000.00
5 MAT'L PROCUREMENT - TRACK 0 LS
6 0 LS
7 MAT'L PROCUREMENT - SIGNAL 1 LS 25,000.00$ $25,000.00 8 MAINTENANCE SUPPORT - TRK/STR 1 LS $10,000.00 $10,000.00 9 MAINTENANCE SUPPORT - SIGNAL 1 LS $15,000.00 $15,000.00 10 CONSTRUCTION - CIVIL 0 LS
11 CONSTRUCTION - SIGNAL 1 LS 378,800.00$ $378,800.00
12 CONSTRUCTION MGMT 992 Hrs 130.00$ $128,960.00 13 FLAGGING 930 Shifts $1,750.00 $1,627,500.00
14 PROJECT MANAGEMENT 1007.6 Hrs $225.30 $227,012.28
15 OTHER PROFESSIONAL SERVICES 30 EA $1,850.00 $55,500.00 16 1 LS 25,000.00$ $25,000.00
17 OTHER (PERMITS, FEES, ETC.) 0 LS
18 AGENCY 392 Hrs $272.80 $106,937.60
19 SUBTOTAL $2,669,709.88
20 PROJECT RESERVE 10% $266,970.99
$2,936,680.87
$2,936,681 use

MAT'L PROCUREMENT - STRUCTURES
BUS BRIDGES & TRAIN EQUIP. & CREWS

QUANTITY
EXHIBIT D-2

RAILROAD WORK

SCRRA SCOPE OF WORK AND COST ESTIMATE
Mount Vernon Avenue Viaduct Replacement San Gabriel Subdivision MP 56.32 3/7/2022

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 54 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

EXHIBIT D-2 CONTINUED

Notes Estimate 82 weeks from NTP to completion construction.

Task 2 Estimate of Labor for Design FO Relocation, Abutment No 1 Task 4 Estimate of Labor & Equipment for Design Support Signals; FO Relocation and place in service Task 7 Estimate of Material cost for FO Relocation Abutment No 1 Task 8 Estimate of labor and equipment for SCRRA Track Contractor to be on call for emergency track repair.

Task 9 Estimate of labor and equipment for SCRRA Signal Contractor to Remove and reinstall wayside signal & locate SCRRA underground signal & communication facilities

Task 11 Estimate of Labor and Equipment to relocate FO & signal & place in service, Abutment No 1 Task 12 Estimate Construction Mngt; 42 wks @ 16 hrs/wk and 40 weeks @ 8 hrs /week Task 13 Flagging estimate; Estimate 3 shifts per day, 5 day/ week for 52 weeks plus 1 shifts per day, 5 day/ week for 30 weeks

Task 14 Project Management; Estimate 82 wks @ 10 hr/wk plus 8 wks @ 8 hrs/wk Task 15 Provide Roadway Worker Protection Training for access onto Railroad right of way; Estimate30 sessions Task 16 Bus bridge for weekend cutover of signal and FO relocation cutover Task 18 SCRRA Agency; Project Agency Support

1. No track relocation work is anticipated

2. The estimate may be revised as additional information is developed through cable location and similar activities

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 55 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

Exhibit E-1

To Construction and Maintenance Agreement
for

MOUNT VERNON AVENUE VIADUCT

REPLACEMENT

SCRRA Form 37 Rules and Requirements for
Construction on SCRRA Property and List of
Submittals
Refer to link below:

https://www.metrolinktrains.com/globalassets/about/engineering/scrra_form_no_37.pdf

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 56 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

Exhibit E-2

To Construction and Maintenance Agreement
for

MOUNT VERNON AVENUE VIADUCT

REPLACEMENT
SCRRA Form 6 Temporary Right of Entry
Agreement
and SCRRA Insurance Requirements

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 57 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement Refer to link below:
https://www.metrolinktrains.com/globalassets/about/engineering/scrra_form_no_6.pdf

ACCESS CONTROL MANAGEMENT PLAN
In addition to the application requirements for SCRRA Form 6, T emporary Right of Entry Agreement, Contract or shall provide for Metrolink approval a separate management plans to include specific procedures,
details, contacts and hierarchy of responsibility and protocol for each of the following topics before a Right-of-Entry will be approved;

• Control and manage materials and equipment deliveries to the jobsite by Contractor, subcontractors and 3rd party vendors to include location and access to material and equipment storage areas. Also control and manage deliveries of construction materials to be delivered to the site by 3rd party vendors to be incorporated into the work.

• Control and manage access to the jobsite by contractor personnel, subcontractor personnel, vendors, owner representatives and their consultants and other 3rd party visitors to the jobsite.

• Control and manage the use of the of the Temporary Construction Crossing with points of access identified. Access to the Metrolink right of way will be secured with 6’ chain- link fencing and gate. Metrolink lock will be placed on the gate and only the Roadway Worker In Charge (RWIC) will be authorized to open the point of access gates. A RWIC is required to supervise the crossing at all times that it is will be in use and will close the crossing when it is not in use.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 58 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

• Control and manage job briefings; Prior to the required job briefing by Roadway Worker In Charge (RWIC), the Contractor’s Superintendent/Foreman and the Roadway Worker In Charge (RWIC) will hold a briefing at the start of the shift and again as the conditions, job tasks and/or locations change. The Superintendent/Foreman will outline the work scope to be performed, the location and any associated safety requirements and the RWIC will outline the scope and method of protection to be employed. All contractor and subcontractor workers will sign to acknowledge understanding and agreement of both the work scope and method of on track protection. The Superintendent/Foreman shall have an approved copy of the Site Specific Work Plan, SSWP, available on site.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 59 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement Exhibit F

To Construction and Maintenance Agreement
for

MOUNT VERNON AVENUE VIADUCT

REPLACEMENT
Funding Schedule

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 60 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

Mt. Vernon Viaduct Project Funding Sources

1. Federal Highway Bridge Program (HBP) funds. Funding 88.53% of federally participating costs.

2. State Proposition 1B Local Bridge Seismic Retrofit Account will be used as

11.47% match for Federal HBP funds available to the State for seismic work on local bridges, ramps, and overpasses as identified by Caltrans.

3. BNSF project contribution $29,500,000. Will be used for local match for federally participating costs in the right of way and construction phases.

4. City of San Bernardino Funding will include City share of Measure I Arterial funds and Developer Impact Fees. Will be used for local match for federally participating costs and nonparticipating costs.

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 61 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

Exhibit G

To Construction and Maintenance Agreement
for

MOUNT VERNON AVENUE VIADUCT

REPLACEMENT
CPUC Decision Granting Authority to Reconstruct a
Grade-Separated Highway-Rail Crossing

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 62 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

SBCTA Contract #22-1002699
CPUC No. 101SG -56.26-A P a g e | 63 Construction and Maintenaince Agreement DOT No. 026731F Mount Vernon Avenue Viaduct Replacement

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

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Attachment: Attachment 1 - Construction and Maintenance Agreement No. 19-1002208 [Revision 2] (8852 : Mount Vernon Bridge Replacement -

Consent Calendar

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

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

Subject: Graffiti Abatement and Dilapidated Building Painting Program Assessment (All Wards)

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report regarding the assessment of utilizing in -house staff versus contracted staff for graffiti abatement and dilapidated building painting services.

Background
In August 2021, the Mayor and City Council requested staff look into using contracted staff to supplement existing graffiti abatement services due to a perceived increase in the prevalence of graffiti citywide , and in an effort to improve response rates. The request also included looking into the possibility of expanding the program to 7 -day a week coverage.

In September 2021, the City Manage r requested the Finance Department solicit bids for the performance of citywide graffiti abatement. The Request for Bids was posted in December of 2021 and bids were received in January of 2022.

Two bids were received that qualified for consideration. Bo th bids resulted in costs that were deemed as non -cost beneficial and, as a result, less -costly options using in - house staff were recommended to the City Manager’s office. The City Manager’s Office approved the recommendation to utilize in -house staff and expand the number of staff dedicated to graffiti abatement through the mid-year budget review process.

Discussion
Item 1: Bid Results for Contractual Graffiti Abatement
Staff received two bids that qualified for consideration for contractual graffiti abat ement and dilapidated building painting. Bids were received from Woods Maintenance Services, LLC, at a cost of $504,177 per year ($42,000 monthly/$121.43 per hour/4,152 hours per year) and Lotus, USA, Inc. which only included staff of one owner/operator employee at an hourly rate of $109.25 per hour. It’s important to note that Lotus, USA Inc. specified that they would only have limited hours and days available per week, and would not be able to provide the required monthly services to be beneficial to th e City.

Staff determined that the most responsive bidder to the Request for Bids was Woods 28 Packet Pg. 906
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Maintenance Services, LLC.

Item 2: Cost Analysis
Staff performed a cost analysis of Woods Maintenance Services, LLC. total cost/annual hours and compared it with the costs associated with a fully burdened Maintenance Worker I (MWI). This was done to determine how many in -house staff could be reasonably hired for the proposed cost of $504,127 from Woods Maintenance Services, LLC. At the highest step, a MWI costs the City approximately $36 per hour ($75,005 per year per employee) while contracted staff would charge $121 per hour. Contracted staff would provide a maximum of 346 work hours per month (combined) totaling approximately 4,152 work hours per year. Given the maximum amount of 4,152 work hours per year, Staff proposed adding two MWI employees at a significantly reduced cost. The below table provides a comparison of both contractor and MWI rates. Hiring four MWI employees would be less costly than using con tracted staff (though staff only requested two employees at the mid-year budget process). 28 Packet Pg. 907
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Table 1. In-House Staff vs. Contracted Staff Cost Comparison for Graffiti Abatement

In-House Staff Contractor
$36 per hour $75,005* annual per
employee (top step)
$121 per hour
2 MWI employees at 320 hours per
month (Approved by Mayor and City
Council on March 2, 2021)
2 employees (max of 346 hours per
month combined)
3,840 annual work hours - 80 hours leave
per employee (assumed taken) = 3,680
work hours
4,152 annual work hours
$150,010 (2 MWI employees)
$52,000 (Paint Truck-one time cost)
$28,000 (Two Pressure Washers-one time
cost)

$49,000 Additional Paint and Supplies
Overall First Year Cost: $279,000 Overall First Year Cost: $504,127 Overall Non-First Year Costs: $150,010 Overall Non-First Year Costs:
$504,127

*Employees will not be hired at the top step. The total amount will be significantly less, but accounts for longevity with the City. While contractor cost includes materials cost, in-house staff have existing purchase orders set at $49,000 per year. This is still far less than the overall cost of the contractor. The one -time costs for pressure washers and a work truck produce additional savings during subsequent years after purchase.

Item 3: Potential Concerns and Administration of Contractual Graffiti Abatement The issues surrounding graffiti abatement are complex and require extensive involvement by in-house staff and the Operations and Maintenance Division Manager of Public Works. Com munity relationships have been established over the years and employees performing graffiti abatement are well -respected in the community. The following bullet points describe additional concerns related to utilizing contracted staff for graffiti abatement (to include concerns related to the day-to-day administration of the contractor and his staff):

• Contractor Work Hour Accounting: The contractor has provided an hourly rate which includes travel time to locations. San Bernardino City limits cover nearly 62 sq. miles. Work (and hourly rates) starts from the moment the contractor begins travel at $121 per hour, which can average about 30 minutes to reach their work destination.

• Management Oversight of Contractor During Weekends: Council expressed a desire to have on -call and weekend work capabilities for contractual graffiti abatement. The Contract Administrator does not work seven days a week and alternative schedules would have to be established to ensure 7 -day a week coverage. This would only be r esolved through the hiring of an additional mid - 28 Packet Pg. 908
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management level employee to work a weekend schedule.

• Authorization to Remove Graffiti on Non -City Property: Private business or private residence authorizations to remove graffiti will consume much of the contractor’s time. This time will undoubtedly be counted towards their daily work hours. In-house staff requires little effort to gain this authorization.

• Unsafe Areas: The assigned work areas will be questioned by the contractor. In- house staff h as had weapons pulled on them and received verbal threats by gang members and taggers. In-house staff is aware of the procedures necessary to deescalate and remove themselves from such situations. They also are aware when to return to complete the task and have well-established relationships with the citizens of San Bernardino including commercial property owners that trust them to do the job and warn them when taggers may be around in the area. A contractor would still count the time required to establish a safe zone at an assigned work area (or while waiting for an escort) towards total work hours.

• Re-Tagging and Verification: Re -tagging often occurs, and it may be difficult to truly determine if the contractor has completed an assigned task should a dispute arise over “repeat” tagging.

• Prevailing Wage: This is a prevailing wage job, and it remains unclear if the contractor has appropriately found the correct Department of Industrial Relations (DIR) code for this type of job. There is great diffi culty in getting the correct classification and wage from the State’s DIR office. Failure to acquire the correct code will not absolve the City nor the contractor from potential fines or wage increases.

• Paint Matching: In-house staff has extensive expe rience working with local paint suppliers to match paint colors (to include specialized paint for playground equipment). It is unclear whether the contractor has the same ability . In-house staff are also more knowledgeable of which private and commercial p roperty owners allow variances for paint colors. Some commercial property owners will not accept anything but exact paint matches (which would further delay work on the part of the contractor but would be counted towards their daily work hours).

• Work Task Accountability: Some jobs may not be as labor intensive while others may take longer, yet the contractor would be fully paid for the entirety of his time (whether pre -clearing an area, taking a longer route to get to a work area, or experiencing traffic delays).

• County, Neighboring City, and State Jurisdictions: In -house staff are fully aware of all areas that are within City limits. Some areas that may appear within the City are part of Highland, Colton, Loma Linda, Redlands, or Rialto -these are not easy to determine. Additionally, the County and State have jurisdictions within the City limits. A contractor would require continual guidance in dealing with these locations and add additional work burdens to staff.
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Item 4: Current Pro-Active Measures by In-House Staff
In-house staff has recently expanded its graffiti abatement services to 7 -day a week coverage by alternating crew schedules. Since most graffiti vandalism occurs on weekends, In -house staff have been able to respond much quicker with t heir new schedules. Currently, there are 28 work orders pending for graffiti abatement (16 of which were self -reported by staff). Linear and shape -themed murals are also being used as graffiti deterrents in several locations throughout the City that are frequently tagged. Utility cabinets are also being converted to public art designs that promise to dissuade taggers from tagging works of art. Graffiti -proof wraps are also being considered for utility cabinets and other components.

2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1d: Improved Operational & Financial Capacity. This would create a framework for spending decisions regarding in-house versus contracted graffiti abatement and dilapidated building painting services.

Fiscal Impact
There is no General Fund impact associated with this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report regarding the assessment of uti lizing in-house staff versus contracted staff for graffiti abatement and dilapidated building painting services.

Ward: All

Synopsis of Previous Council Actions: None
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Consent Calendar

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: David Green, Interim Chief of Police

Subject: Agreement with Phoenix Group Information Systems (All Wards)

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement between Phoenix Group Inform ation Systems and the City of San Bernardino for parking citation processing services; and authorize the Director of Finance to issue a purchase order to Phoenix Group Information Systems in an amount not to exceed $100,000 per fiscal year; and amend the b udget each contract year if needed in an amount not to exceed 35% of the revenues collected through the Parking Citation Intercept programs.

Background
The City of San Bernardino contracts with a third -party vendor to process parking citations prepared by City employees, and to collect fines and fees owed to the City.

The City has contracted with Phoenix Group Information Systems for parking citation processing since 2007. On June 30, 2022, the current agreement with Phoenix Group will expire.

On December 22, 2021, the City issued RFP No. F -22-34 to solicit bids to provide the City with parking citation processing services beginning July 1, 2022. Five vendors submitted bids for consideration. City staff reviewed all submitted bids and following a comprehensive process which included presentations by the top three vendors, selected Phoenix Group Information Systems.

Discussion
Parking Enforcement Officers, Police Officers, and other staff employed by the City are empowered to issue parking citations to en force local and state parking and traffic laws.

The issuance of parking citations serves as a deterrent to prevent the unauthorized parking of motor vehicles and other traffic violations and are an important component to effective traffic management and th e reduction of blight in the City of San Bernardino.

Fines collected from parking citations are returned to the General Fund and offset the cost borne by the City to enforce parking and traffic regulations.

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Police Department employees issue over 12,100 parking citations each year. Each parking citation must be reviewed, validated, approved, entered in a database, cataloged, and tracked for payment. Requests for appeal hearings and other legal requirements must also be addressed. Additionally, follow -up work to collect unpaid parking fines is required, including billing and interfacing with the Department of Motor Vehicles for fine and fee collection. The sheer number of parking citations issued combined with the labor required to process each citation requires a significant amount of time to manage. Third -party vendors have demonstrated a more economical and efficient method of processing parking citations than can be accomplished by City staff.

Thus, it is more cost effective for the City to process pa rking citations through a third - party vendor as opposed to hiring additional City personnel to perform that function.

The City of San Bernardino has utilized Phoenix Group Information Systems as its third - party parking citation processing vendor since 200 7. Phoenix Group has provided high quality service to the City and continues to meet the expectations. The existing Vendor Services Agreement with Phoenix Group Information Systems will expire on June 30, 2022. As such, a new agreement is needed effective July 1, 2022.

The City issued RFP No. F -22-34 on December 22, 2021, requesting all interested vendors to submit proposals to provide the City with parking citation processing services. Five companies submitted competitive bids for consideration by the City.

On February 9, 2022, a committee was established to review and consider the five proposals. Following a thorough review process, the committee selected Phoenix Group as the logical, least expensive, company for parking citation processing. First, the committee determined that Phoenix Group has provided high quality services to the City for nearly 15 years and moving to a new vendor may result in unforeseen challenges.

Second, moving to a new vendor would require significant work to migrate historical citation data and outstanding citation processing from one vendor to another, a time consuming and potentially complex process. Third, Parking Enforcement Officers and other personnel who issue parking citations are familiar with the Phoenix Group equipment and software, eliminating the need for City personnel to learn and adapt to a new system provided by an alternative vendor. Finally, based upon the services needed by the City, the committee determined that Phoenix Group would provide the most cost -effective solution for parking citation processing services of the five bids submitted.

Adequate funding for parking citation processing services is included in the proposed FY 2022/23 and FY 2023/24 Budgets for up to $100,000 per fiscal year. The amount is consistent with the FY 2021/22 budget. A large portion of the cost for services from Phoenix Group results from collection processing services. Phoenix Group charges 35% of the fees collected through the pre -intercept and intercept program.

Consequently, the proposed contract amount of $100,000 may be exceeded during one or more contract years based on increased citation activity. The increase may only occur through intercept collection fees, resulting in an increase in revenue for the City. If the 35% costs increase based on fees collected, the 65% of revenue to the City will experience an equivalent increase. Payment to the vendor is due after fees have been 29 Packet Pg. 912
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collected. Staff requests that the Director of Finance be authorized to amend the budget each contract year if needed based on the verified collection of intercept fees from the State of California. This will allow the City to remain revenue -positive without the encumbrance of unnecessary budget expenses.

2021-2025 Key Strategic Targets and Goals
An agr eement with Phoenix Group Information Systems synthesizes with Key Target No.1b: Improved Operational & Financial Capacity. The ability to “Secure a long -term revenue source.” Phoenix Group Information Systems has a proven record of revenue collection on b ehalf of the City of San Bernardino. Executing a professional services agreement with Phoenix Group Information Systems will ensure a long -term revenue collection method for the City.

Fiscal Impact
The proposed FY 2022/23 and FY 2023/24 budgets include annual funding in the amount of $100,000 per fiscal year for this service. Historically parking citation collections and the FTB Parking Citation Intercept program averages less than $100,000 per fiscal year. Should the expense exceed the budgeted amount d ue to higher than anticipated revenue through the Parking Citation Intercept program the budget may be amended by up to 35% of the collected revenue amount.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement between Phoenix Group Information Systems and the City of San Bernardino for parking citation processing services; and authorize the Director of Finance to issue a purchase order to Phoenix Group Information Systems in an amount not to exceed $100,000 per fiscal year; and amend the budget each contract year if needed in an amount not to exceed 35% of the revenues collected through the Parking Citation Intercept programs.

Attachments
Attachment 1 Professional Services Agreement with Phoenix Group Information Systems
Attachment 2 RFP F-22-34 for Parking Citation Processing System

Ward: All

Synopsis of Previous Council Actions:

May 1, 2019 The Mayor and City Council adopted Resolu tion No. 2019 -66, authorizing a budget amendment for Phoenix Group Information Systems.

June 20, 2018 The Mayor and City Council adopted Resolution No. 2018 -179, authorizing a Vendor Services Agreement with Phoenix Group Information Systems.
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April 15, 2013 The Mayor and City Council adopted Resolution No. 2013 -75, authorizing a Vendor Services Agreement with Phoenix Group for three fiscal (FY 12/13, FY 13/14, & FY 14/15) years with three one - year renewal options.

January 1, 2013 The Mayor and City Council adopted Resolution No. 2013 -8 authorizing and directing the City Manager to issue a request for proposals (RFP) for parking citation processing services.

May 5, 2008 The Mayor and City Council adopted Resolution No. 2008 -147, authorizing an increase to pur chase order No. 208043 by an additional $15,000 for parking citation processing services with Phoenix Group
April 2, 2007 The Mayor and City Council adopted Resolution No. 2007 -110 authorizing the execution of a contract with the issuance of a purchase order to Phoenix Group Information Systems.
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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND PHOENIX GROUP INFORMATION SYSTEMS
This Agreement is made and entered into as of July 1, 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Phoenix Group Information Systems, a corporation with its principal place of business at 2677 North Main Street, Suite 440, Santa Ana, CA, 92705 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Parking Citation Processing System (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

3. Professional Practices . All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to Section 4(b) below, Consultant shall receive compensation for all Services rendered under this Agreement at the rates set forth in Exhibit “B,” attached hereto and incorporated herein by reference.

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $100,000 annually. This amount is to cover all related costs, and the City will not pay any addition al fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.

Additionally, no price increases will be permitted during the first year of this Agreement , unless agreed to by City and Consultant in writing. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the a djustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.

6. Term. This Agreement shall commence on the Effective Date (July 1, 2022) and continue through June 30, 2026, unless the Agreement is previously terminated as provided for herein (“Term”).

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

8. Time of Performance. Consultant shall perform its services in a prompt and

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 3 timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other P arty describing the circumstances prev enting continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulator y agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

11. Standard of Care . Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 4 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to t he City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

13. City Business Certificate . Consultant shall, prior to execution of this Agreement, obtain and maintain du ring the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that ar e legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant . Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from e mploying independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant . Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 5 performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability In surance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents , and City -designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 6 (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with s uch provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compe nsation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any a cts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage spec ifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) priva cy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 7 g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occur rence/$4,000,000 aggregate for bodily injury, p ersonal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 8 such policy due to non -payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth h erein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess o f such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A :VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 9 (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amou nts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies o f commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consu ltant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims” ) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 10 b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the p erformance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consulta nt’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements . Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “ maintenance” projects. If the S ervices are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agre es to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring a nd enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended fr om time to time, and shall require all subconsultants and sub -subconsultants to comply with the same.

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 11 21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.

In such event, City shall b e immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reaso nable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provi de further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees . In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Par ty in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanati on as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

26. Documents. Except as otherwise provided in “Terminatio n or Abandonment,” above, all original field notes, written reports, Drawings and

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 12 Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. Organization. Consultant shall assign Claire Murphy as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States P ost Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Robert Field
City Manager
(909) 384-5122

With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney

CONSULTANT:

Phoenix Group Information Systems
2677 North Main Street
Suite #440
Santa Ana, CA 92705
Attn: Robert Murphy
President
(714) 460-7200

30. Third Party Rights . Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

31. Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, s ex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

32. Entire Agreement. This Agreement, including Exhibit “A ,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written un derstanding, promises or representations with respect to those matters covered hereun der. Each Party acknowledges that no representations, inducements, promises , or agreements

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 13 have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

33. Severability. If any provision of this Agreement is determined by a court of competent jurisd iction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, admi nistrators and assigns of each P arty to this Agre ement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any oc currence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

36. Time of Essence. Time is of the essence for each and every provision of this Agreement.

37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant war rants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the awar d or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her servic e with City, shall have any direct

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 14 interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an origina l. All counterparts shall be construed together and shall constitute one single Agreement.

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of sa id Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

43. Electronic Signature . Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal) . Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning . A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.

This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract . If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement.

[SIGNATURES ON FOLLOWING PAGE]

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND PHOENIX GROUP INFORMATION SERVICES

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager

ATTESTED BY:

Genoveva Rocha, CMC
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Phoenix Group Information Systems

Signature
Robert Murphy
Name

President
Title

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 16 EXHIBIT A

SCOPE OF WORK

CONSULTANT RESPONSIBILITIES
City desires an integrated software, hardware and service solution to parking citations and payment processing. The preferred solution will include hand-held computers for citation issuance and data download, real-time, online access by public safety officers, City's Community Service Officer Supervisor and the Administrative Assistant will provide citation information and status and a user-friendly reporting structure. A complete package of citation issuance, processing collection, reporting and hardware and software maintenance is required. The program and service must be able to accept and support hand-written citations.

Consultant shall coordinate its efforts with the City of San Bernardino Police Department, City of San Bernardino Finance Department, San Bernardino County Court System and other agencies affected by this project. Consultant will be expected to work closely with the Traffic Division of the Police Department and Finance Department to ensure compatibility and uniformity. Consultant shall provide the following services:

1. Software Specifications:

Consultant must provide a software solution for electronic issuance of citations.

Software must be installed on and compatible with City’s current handheld computer system and must incorporate the following features:
a. Citation must be capable of printing on a 2"—4.5" thermal printer (brand name can be determined at a later date). Consultant must recommend a printer compatible with their software product.

2. Data Entry from Handwritten Citations.
a. Receive and date stamp weekly batches of all handwritten citations sent by the City.
b. Enter citation information into the database.
c. Batch, record, and verify receipt of all manual citations within two (2) business days.
d. Edit capability to correct dates, duplicate citations, violation codes and fine amounts.
e. System for filing/storing citations in easily retrievable format for a minimum of three (3) years and then dispose in accordance with City direction.

3. Automated Transfer and Upload of Citations Issued by the Handheld Computer

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 17 a. Loading of batch files immediately upon transfer. b. Edit capability to correct dates, duplicate citations, violation codes, and fine amounts.
c. System to promptly notify City regarding citations unable to be entered for any reason (no violation code, unreadable license, etc.).

4. Registered Owner Name Retrieval.
a. Retrieve data online from the State of California Department of Motor Vehicles (DMV).
b. Provide daily access to registered owner information. c. Upon the return of the registered owner's information from the DMV, ensure the proper make of vehicle corresponds with the citation.
d. Review DMV "No Hit" list to ensure that license plate and state have been entered correctly.
e. Daily registered owner name digital retrieval for all citations without a name on the system.

5. Out-of-State Registered Owner Retrieval from State DMV a. Maintain regularly scheduled communications with DMV offices in the 50 states. b. Maintain regularly scheduled communications with the Transportation Ministries in Canada and Mexico that permit registration and name acquisition. c. Mail collection letters.
d. Communicate with individuals outside of the United States who were issued a parking citation by the City.

6. DMV Registration Holds/Releases
a. Process DMV holds or releases daily.
b. Access DMV records online.
c. Capability to release registration holds upon City's request. d. Report monthly holds and payments made at DMV.
e. Immediate update of database with monthly payment information from DMV.

7. Automated Processing of Administrative Review Requests

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 18 a. Consultant shall provide tracking and correspondence for all administrative reviews.
b. Consultant shall enter and maintain database of all administrative reviews, showing current status of each request. System must be integrated with parking citation issuance and processing system. Ensure a result is received for each correspondence. c. Administrative review requests must be entered into the system within two (2) business days from date of receipt.
d. Provide inquiry capabilities for citations in the administrative review process. e. Print and mail (by first class mail) all administrative review result letters. f. Notify the City of citations that have been successfully dismissed through the review process and have had payments processed or are cancelled so that the City can issue a refund.
g. File and store all source documents for ease of retrieval. h. Provide staff with the ability to respond to telephone inquiries regarding how to contest a violation, determine outstanding penalty amounts or delinquent fees, and identify time frames, and any other pertinent information in order to contest a citation by mail or in-person.
i. Link the hearing tracking system to the citation database in real time to obtain citation information such as citation issue date, delinquent date, amount owed, and other citations open with the same license plate numbers. j. Ensure that the computer system is capable of recording data and comments for historical background, suspending action while appeals are under investigation, sort citations by type of violation and/or defense, record case decisions, generate letters and use customized liability reason codes.
k. Provide monthly report of review results by citation number.

8. Administrative Hearings
a. Consultant shall provide tracking and correspondence for all administrative hearing requests.
b. Consultant shall enter and maintain database of all administrative hearing requests, showing current status of each request. System must be integrated with parking citation issuance and processing system. Ensure a result is received for each correspondence.
c. The City of San Bernardino will provide the Hearing Officer. The City will forward results of Administrative Hearing to the Consultant.

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 19 d. Letters regarding the results of Administrative Hearings will be mailed by the Consultant.
e. When a refund is appropriate, the Consultant shall provide information to the City. The City will issue the refund.
f. The Consultant will provide a monthly report of review results by citation number. g. The Consultant will have the ability to accept payments via the Internet.

9. City's Online Payments.

The Consultant must also accept data from the City's cashiering system. Data would be provided electronically on a daily basis. Information on the system is provided below.

These specifications are not all inclusive but are intended for the purpose of giving the Consultant a general idea of the City's system. More specific details will be provided after an agreement has been entered.

10. User Interface
The user interface includes payment information as well as parking citation specific information. It will include the fields listed below, including the validations for each field.

11. Correspondence Processing.
a. All correspondence shall be processed within two (2) business days from date of receipt.
b. Obtain approval from the City on all standard forms, notices of delinquent violation and correspondence. The Consultant must ensure that all forms conform to applicable State and Federal laws.
c. Submit copies of standard forms, notices of delinquent violation, and other types of standard correspondence with bid proposal.

12. Reporting
a. The Consultant shall be responsible for providing regular daily, weekly and monthly reports on demand to the issuing agency within three working days of the report being requested.
b. Although other reports may be required, the Consultant shall be capable, at a minimum, of producing reports relating to scofflaws, open citations, bank deposits and citation dispositions. The Consultant must be capable of delivering these reports to the Police Department on an agreed schedule.
c. The Consultant shall provide duplicate or replacement reports at no additional charge to the city.

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 20 d. Copies of citation abstracts shall be provided to violators at a cost of $10 upon request.
e. Consultant reports to be required monthly, Repeat offender list (5 or more), citation analysis by officer, citation analysis by violation, citation status report, out of state status, out of state revenue, hot sheet, distribution revenue summary, violation statistics, violation analysis by officer, detail citation report by officer, monthly citation statistics, yearly statistics of issuance, citation summary report, bail payment summary report, DMV citation cleared with bail (collected), DMV citations cleared without bail (not collected), DMV registration hold listing, Refunds report. Provide an online report generation capability.
f. Provide weekly license plate number to citation
number cross reference reports sorted by license and citation. Provide additional reports monthly as may be needed by management or auditors. g. Submit a sample of the standard reports used with bid proposal. h. Provide a monthly “mis-match,” report for license plates and citations.

13. Toll-Free Telephone Service
a. Provide a toll-free telephone number for inquiries and credit card payments. b. Operate the toll-free telephone service 24 hours a day, seven days a week, 365 days per year, for the 50 states, Canada and Mexico.
c. Ensure that customer service representatives are available to provide instructions and information on general parking policies and procedures and administrative adjudication procedures for the City. At least one customer service representative shall be available for Spanish translation during regular business hours Monday through Friday. Customer service representatives shall return phone calls and respond to other inquiries in a timely manner, and in no event shall the response be more than twenty-four (24) hours after the initial call or complaint.

14. Automated Voice Response System
a. Provide a customized recorded voice response system in English and Spanish to convey information on:

1. How to pay and contest violations

2. Registration violation information

3. Mail address information

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 21 b. Ensure that the automated telephone system is capable of receiving a minimum of 300 incoming calls per month. Planned downtime must be between midnight and 4:00 a.m.

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 22 EXHIBIT B

SCHEDULE OF CHARGES/COMPENSATION

PARKING CITATION PROCESSING RATES
Processing cost per citation – Electronic $0.35
Processing cost per citation – Handwritten $0.35
Delinquent Notices $0.81
Postage – First Class Rates (for all correspondence mailed) No Charge Payment Processing $0.00
Minimum Monthly Processing Fee $0.00

MISCELLANEOUS SERVICES
1st Level hearing hold placements No Charge
1st Level notification letter (reviews/hearing) $1.00
2nd Level Hearing Suspend Process No Charge
2nd Level Notification Letter (Hearing) $1.00
Automated processing of Administrative Review Requests Administrative Hearings
No Charge
DMV Hold Placements, per instance No Charge
Credit Card Convenience Fee/Citizen Service Fee $3.95 or 3.25% Out of State Processing 28%
Acquisition of Registered Owner – Out of State No Charge Reports No Charge
IVR Phone Service 24 hours/ Toll-free Telephone Service No Charge

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 23 Letters Misc. $1.00/ Optional
Refunds processed $5.00/ Optional
Credit Card Chargebacks/ Pass through Cost to City, Citation is re- opened, and administrative fee is added – free of charge. $30.00
Banking Management Fee/ Monthly Charge $50.00
Online System Access No Charge
Payment Plan Administrative Fee No Charge
WINCITE.NET Training Costs No Charge
RO updates No Charge
Online Contesting Application – Per Month $75.00

COLLECTIONS
Franchise Tax Board – Collection Charge (Processing) $35% FTB: Cost of Social Security Number No Charge
FTB: Cost for Notification of Intent Letter (FTB Intercept Notices) No Charge Delinquent Collections (Citations 90 days past due, not paid at DMB) 15%

MOBILE ENFORCEMENT
*Hand Helds Mobile Phones 8 Devices ($8000 Value) $0.00/ Offered as a Courtesy
Wincite Mobile Software License Per Device $595.00/ Optional Wincite Mobile Software Installation per Device $90.00/ Optional Hardware Support and Maintenance (Per Unit/Per Month) No Charge TSC Mobile Printer/ 2-year warranty, environmental case included $680.00/ Each

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 24 EXTENDED COST SHEET

ITEM DESCRIPTION PER ITEM COST
All Services below are INCLUDED AT NOT ADDITIONAL COST:
*Unlimited Online Web Access for Agency’s customers, real time citation data, ability to pay single or multiple citations. E-mail receipts automatically generated and sent to the customer.
*Custom Website payments and contesting: www.paymycite.com Accepts secure online payments via Visa, MC, Discover, American Express credit/debit.

PCI complaint, TLS1.2 encryption level. McAfee Secure. Trustwave. *Customized IVR and Toll-free phone number for payments. PHX IVR system provides real time information to the caller regarding status, including amount due. All major credit cards are accepted. E-mail receipts automatically generated and set to the customer.
*Live on-site bilingual Customer service. Calls can be recorded for quality assurance.
*Unlimited Online Access for Agency Staff; with unique usernames and encrypted passwords assigned, audit trail detailing all activity in the system, view real time data, depending on security level reduce or increase violation amounts, dismiss citations, void citations, and place citations on hold. Additional features available.
*DMV: Real Time Access to registered owner retrieval, holds and releases. *Reports includes: online reports to generate, print and re-print 24/7. Reports can be exported in both PDF and Excel. Custom reports are available upon request.
*Adjudication Services; adjudication holds and scanning, disposition, entry, scheduling hearings, providing back-up to Hearing Officers including hearing packets.
*Payment Processing includes: Manually received payments (checks, cash, money orders sent via US Mail) received at our PO Box in Santa Ana (bonded courier service included for bank deposits). Daily deposits are made to the Agency account by Accounting Staff at PHX, a deposit slip is generated daily and sent to the Agency via e-mail.
*Web Content Accessibility Compliance: WCAG20-20081211/Level AA, Section 508
*Postal Costs for all correspondence MIALED-FIRST CLASS RATES

INCLUDED
Training; full training of Wincite Parking Database Management System for City Staff. All training sessions can be digitally recorded and given to the Agency for future use of reference
Free of Charge

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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 25 29.a
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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 26 29.a
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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with 27 29.a
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Attachment: Attachment 1 - Professional Services Agreement with Phoenix Group Information Systems [Revision 2] (8874 : Agreement with RFP F-22-34
Bid Open: December 22, 2021
Bid Q&A: January 6, 2022
Bid Close: January 21, 2022