Mayor and City Council
May 18, 2022

Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 18, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: René Anderson, Director of Human Resources
Subject: Approving Job Classifications, Amending the Salary Schedule and the FY 2021/22 Budget (All Wards)
Recommendation
Adopt Resolution No. 2022-100 of the Mayor and City Council of the City of San Bernardino, California, approving the following:

1. Agency Director (U) job classification;

2. Enterprise Resource Planning (ERP) Project Manager job classification;

3. Disadvantaged Business Enterprise (DBE) Specialist job classification;

4. Marketing and Media Specialist job classification;

5. Engineering Project Manager job classification;

6. Increase to the salary range for the classification of Deputy Director of Housing & Homelessness (U);

7. Increase to the salary range for the classification of Code Enforcement Officer I; and

8. Amendment of the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

Background
Staff is recommending the addition of five job classifications and increase of two salary ranges to improve the City’s diverse community outreach, oversight of multiple Public Works projects, organizational efficiency, and communication within the departments.

The approval of these classifications will better position the City team to accomplish priority action items established by the Mayor and City Council.

In light of the City’s recently improved benefit structure, staff was instructed to further review the compensation of both business registration and code enforcement personnel in the region. A classification and compensation study was conducted that surveyed comparable and surrounding cities for the positions of Business Registration Inspector, Code Enforcement Officer I/II, and Lead Code Enforcement Officer. The Code Enforcement Officer I classification was found to be approximately 3% below market at bottom step pay and approximately 9% below market at top step. 20 Packet Pg. 724
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Discussion
Agency Director
As the City continues its efforts to meet its goal of restoring organizational structure, improving service delivery, and stabilizing financial capacity, staff is requesting the approval of an Agency Director. This position will provide management of projects, oversight of operations, and be responsible for administrative services that will assist departments in meeting departmental goals and objectives. The addition of this position would have no budgetary impact for the remainder of this fiscal year.

Enterprise Resource Planning (ERP) Project Manager - Limited Term In the upcoming fiscal year, the City will be investing in an Enterprise Resource Planning Platform to integrate multiple functions throughout the City such as Finance, Human Resources, Permitting, Animal Licensing, Work Orders, etcetera. Implementing an intricate system that is all-inclusive of the Departments’ needs will be a complex and cumbersome task. Therefore, staff is requesting the approval of an ERP Project Manager to be responsible for working with the ERP vendor, external consultants, and City departments to ensure the success of the implementation. Due to the position being specific to the ERP system, this classification will be for a limited term of approximately three years. This position will be paid for through the capital funds that are currently set aside in the Fiscal Year 2021-2022 budget, that will carry over into the new fiscal year. There will be no fiscal impact from adding this position to the Fiscal Year 2021-2022. The recruitment for this position will take place during Fiscal Year 2022-2023.

Disadvantaged Business Enterprise (DBE) Specialist
The City’s dedication to serve and unify the community is one of its top goals. This includes assisting small minority and underrepresented business owners with acquiring federally funded contracts. To combat the continuing effects of past discrimination on minority owned businesses, staff is requesting the approval of a DBE Specialist. The DBE Specialist will be responsible for developing and implementing the Federal DBE Program certification procedures and monitoring contracts for utilization of socially and economically disadvantaged small business owners. This position is a reclassification from an existing contract specialist position. There will be no fiscal impact from adding this position to the Fiscal Year 2021-2022 workforce plan and salary schedule. The recruitment for this position will take place during Fiscal Year 2022-2023.

Marketing and Media Specialist
To increase community outreach regarding the City’s economic growth and development, staff is requesting the approval of a Marketing and Media Specialist to manage the City’s brand, social media, and execute the City’s marketing strategy. This position will identify social media audiences to determine the most effective platforms and communication methods to disseminate information about the City, reach residents, and engage the community. There will be no fiscal impact from adding this position to the Fiscal Year 2021-2022 workforce plan and salary schedule. The recruitment for this position will take place during Fiscal Year 2022-2023.
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Engineering Project Manager
On March 2, 2022, the Mayor and City Council accepted the Fiscal Year 2021/22 MidYear Budget report, which approved funding to create a classification specific to project management in the Public Works Department. For this reason, staff is requesting the approval of the Engineering Project Manager classification to oversee construction and operation of multiple multi-year Public Works Improvement projects from conception to implementation.

Deputy Director of Housing and Homelessness (U)
To align the salaries of the Deputy Director classifications, staff is recommending an adjustment to the salary range for the Deputy Director of Housing and Homelessness (U) from 620 to 629. This salary range aligns with the Deputy Directors of Finance, Human Resources, and Information Technology.

Code Enforcement Officer I
Hiring code enforcement personnel has continued to be difficult. To address this challenge, staff recommends bringing the Code Enforcement Officer I (Flex) salary range from 435, $4,051.93-$4,925.71 to salary range 441, $4,174.97-$5,074.82.

Raising this pay to a more competitive range to that in the labor market will eliminate the identified pay gap and allow the City to attract qualified Code Enforcement Officer I candidates and retain those currently employed.

As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. 2021-2025 Key Strategic Targets and Goals
Authorization of these proposed job classifications align with Key Target No. 2:

Focused, Aligned Leadership and Unified Community by investing in resources, technology, and tools to continually improve organizational efficiency and organizational effectiveness; and Key Target No. 3: Improved Quality of Life by improving the City’s appearance, cleanliness, and attractiveness through Capital and Public Works Improvement Projects.

Fiscal Impact
There is no fiscal impact to the City for establishing the new job classifications. The onboarding of these positions will occur in the new fiscal year.

The fiscal impact to raise the salary for currently employed Code Enforcement Officer I, calculated at the top step, is $2,800 for Fiscal Year 2021/22. On an annual basis, the impact will be approximately $45,000.

Conclusion
Adopt Resolution No. 2022-100 of the Mayor and City Council of the City of San 20 Packet Pg. 726
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Bernardino, California, approving the following:

1. Agency Director (U) job classification;

2. Enterprise Resource Planning (ERP) Project Manager job classification;

3. Disadvantaged Business Enterprise (DBE) Specialist job classification;

4. Marketing and Media Specialist job classification;

5. Engineering Project Manager job classification;

6. Increase to the salary range for the classification of Deputy Director of Housing & Homelessness (U);

7. Increase to the salary range for the classification of Code Enforcement Officer I; and

8. Amendment of the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

Attachments
Attachment 1 Resolution 2022-100
Attachment 2 Resolution 2022-100 Exhibit A - City-wide Salary Schedule Ward: All
Synopsis of Previous Council Actions:

March 2, 2022 Mayor and City Council Adopted Resolution No. 2022-54 authorizing the Fiscal Year 2021/22 Mid-year Budget Report. 20 Packet Pg. 727
Resolution No. 2022-100
Resolution 2022-100
May 18, 2022

RESOLUTION NO. 2022-100

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE FOLLOWING: 1. AGENCY DIRECTOR
(U); JOB CLASSIFICATION; 2. ENTERPRISE RESOURCE

PLANNING (ERP) PROJECT MANAGER JOB
CLASSIFICATION; 3. DISADVANTAGED BUSINESS
ENTERPRISE (DBE) SPECIALIST JOB CLASSIFICATION;

4. MARKETING AND MEDIA SPECIALIST JOB
CLASSIFICATION; 5. ENGINEERING PROJECT
MANAGER JOB CLASSIFICATION; 6. INCREASE TO THE

SALARY RANGE FOR THE CLASSIFICATION OF

DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS
(U); 7. INCREASE TO THE SALARY RANGE FOR THE

CLASSIFICATION OF CODE ENFORCEMENT OFFICER I
CLASSIFICATION; AND 8. AMENDMENT OF THE CITYWIDE SALARY SCHEDULE FOR FULL-TIME, PARTTIME, TEMPORARY, AND SEASONAL POSITIONS WHEREAS, the Agency Director (U) will provide management of projects, oversight of operations, and be responsible for administrative services that will assist departments in meeting departmental goals and objectives;
WHEREAS, the Enterprise Resource Planning Project Manager will assure the successful implementation of the Enterprise System that will be used City-wide and improve interdepartmental processes;
WHEREAS, to ensure nondiscrimination in the award of federal funded contracts, the Disadvantaged Business Enterprise (DBE) Specialist will create a level playing field for underrepresented business owners to compete for federally assisted contracts; WHEREAS, there is a need to develop a City brand and marketing campaign, the Marketing and Media specialist will increase social media presence and inform the residents of program initiatives and services available to them;
WHEREAS, the Engineering Project Manager will be responsible for the development and implementation of Capital and Public Works Improvement Projects and ensure projects are within budget, contract, timeframes, and specification limitations; WHEREAS, To align the salaries of the Deputy Director classifications, staff is recommending an adjustment to the salary range for the Deputy Director of Housing and Homelessness (U).

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Packet Pg. 728 Attachment: Attachment 1 - Resolution No. 2022-100 Approving Job Classifications, Amending the Salary Schedule and the FY 2021/22 Budget Resolution No. 2022-100
Resolution 2022-100
May 18, 2022

WHEREAS, raising the salary for the Code Enforcement Officer I classification to a more competitive range to that in the labor market will eliminate the identified pay gap and allow the City to attract qualified Code Enforcement Officer I candidates and retain those currently employed;
WHEREAS, the salary schedule includes all adopted and approved classification and salaries; and
WHEREAS, the salary schedule meets the California Public Employee’s Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.

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 classification of Agency Director (U), Range 692, $14,381.08 - $17,479.54/month, is hereby established and approved.

SECTION 3. The classification of Enterprise Resource Planning (ERP) Project Manager, Range 532, $6,474.21 - $7,869.90/month, is hereby established and approved.

SECTION 4. The classification of Disadvantaged Business Enterprise (DBE) Specialist, Range 560, $7,546.21 -$9,172.25/month, is hereby established and approved.

SECTION 5. The classification of Marketing and Media Specialist, Range 476, $4,896.74 - $5,952.49/month, is hereby established and approved.

SECTION 6. The classification of Engineering Project Manager, Range 590, $8,646.31 - $10,510.32/month, is hereby established and approved.

SECTION 7. The salary range for Deputy Director of Housing and Homelessness (U), Range 629 $10,503.13 - $12,766.64/month, is hereby amended.

SECTION 8. The salary range for Code Enforcement Officer I, range 441, $4,174.97- $5,074.82 is hereby amended.

SECTION 9. The City-wide salary schedule for all City of San Bernardino’s classifications attached hereto and incorporated herein as Exhibit B, is hereby approved.

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

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Packet Pg. 729 Attachment: Attachment 1 - Resolution No. 2022-100 Approving Job Classifications, Amending the Salary Schedule and the FY 2021/22 Budget Resolution No. 2022-100
Resolution 2022-100
May 18, 2022

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 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 ___ day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Packet Pg. 730 Attachment: Attachment 1 - Resolution No. 2022-100 Approving Job Classifications, Amending the Salary Schedule and the FY 2021/22 Budget Resolution No. 2022-100
Resolution 2022-100
May 18, 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. 2022-100, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 731 Attachment: Attachment 1 - Resolution No. 2022-100 Approving Job Classifications, Amending the Salary Schedule and the FY 2021/22 Budget ADOPTED 5/18/22
EFFECTIVE 5/19/22
CLASS
CODE

CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP
BOTTOM

HOURLY/

MONTHLY

NEW TOP STEP TOP HOURLY/

MONTHLY UNIT
30011 ACCOUNTANT I (FLEX) 465 $4,705.71 MONTHLY $5,720.25 MONTHLY GENERAL 30012 ACCOUNTANT II 485 $5,199.94 MONTHLY $6,320.85 MONTHLY GENERAL 10012 ACCOUNTANT II - PAYROLL 485 $5,121.65 MONTHLY $6,225.67 MONTHLY CONFIDENTIAL 20013 ACCOUNTANT III 520 $6,181.46 MONTHLY $7,513.94 MONTHLY MIDDLE MANAGEMENT 10860 ACCOUNTING DIVISION MANAGER (U) 608 $9,458.67 MONTHLY $11,497.27 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX) 399 $3,386.69 MONTHLY $4,115.54 MONTHLY GENERAL 30018 ACCOUNTING TECHNICIAN II 419 $3,741.21 MONTHLY $4,547.21 MONTHLY GENERAL 30030 ACCOUNTING TECHNICIAN III 437 $4,092.60 MONTHLY $4,974.72 MONTHLY GENERAL 30709 ADMINISTRATIVE ASSISTANT 400 $3,403.37 MONTHLY $4,136.39 MONTHLY GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) 464 $4,612.26 MONTHLY $5,606.39 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U) 410 $3,523.64 MONTHLY $4,282.59 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U) 430 $3,893.36 MONTHLY $4,731.39 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,703.36 MONTHLY $4,501.34 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,165.44 MONTHLY $6,278.27 MONTHLY MIDDLE MANAGEMENT 10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 535 $6,571.77 MONTHLY $7,988.01 MONTHLY MANAGEMENT PENDING AGENCY DIRECTOR (U) 692 $14,381.08 MONTHLY $17,479.54 MONTHLY MANAGEMENT 30140 ANIMAL CONTROL OFFICER I (FLEX) 411 $3,595.23 MONTHLY $4,369.96 MONTHLY GENERAL 30141 ANIMAL CONTROL OFFICER II 424 $3,836.09 MONTHLY $4,662.95 MONTHLY GENERAL 20320 ANIMAL SERVICES MANAGER 526 $6,368.84 MONTHLY $7,741.92 MONTHLY MIDDLE MANAGEMENT 30130 ANIMAL SERVICES REPRESENTATIVE 370 $2,929.99 MONTHLY $3,561.86 MONTHLY GENERAL 20319 ANIMAL SERVICES SUPERVISOR 478 $5,013.46 MONTHLY $6,094.01 MONTHLY MIDDLE MANAGEMENT 30119 ANIMAL SHELTER ATTENDANT 370 $2,929.99 MONTHLY $3,561.86 MONTHLY GENERAL 00300 APPRENTICE (PT) 381 $2,969.00 MONTHLY $3,608.00 MONTHLY NA 20620 AQUATICS SUPERVISOR 468 $4,768.82 MONTHLY $5,797.33 MONTHLY MIDDLE MANAGEMENT 30400 ARBORIST 452 $4,410.62 MONTHLY $5,361.56 MONTHLY GENERAL 30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,603.47 MONTHLY $6,810.92 MONTHLY GENERAL 30271 ASSISTANT BUYER 430 $3,952.88 MONTHLY $4,803.72 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $21,242.00 MONTHLY $21,242.00 MONTHLY POLICE MANAGEMENT 10644 ASSISTANT CITY MANAGER (U) 705 $15,344.41 MONTHLY $18,649.29 MONTHLY EXECUTIVE 00212 ASSISTANT LITERACY PROGRAM COORDINATOR (PT) (GRANT FUNDED) 385 $3,029.00 MONTHLY $3,681.00 MONTHLY NA 30168 ASSISTANT PLANNER (FLEX) 486 $5,226.01 MONTHLY $6,352.13 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U) 580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 10104 ASSISTANT TO THE MAYOR I (U) 430 $3,893.36 MONTHLY $4,731.39 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U) 480 $4,995.33 MONTHLY $6,071.62 MONTHLY MANAGEMENT 10106 ASSISTANT TO THE MAYOR III (U) 530 $6,410.53 MONTHLY $7,791.85 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U) 580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 515 $6,029.47 MONTHLY $7,328.64 MONTHLY MIDDLE MANAGEMENT 00194 BACKGROUND INVESTIGATOR (PT) 493 $5,190.00 MONTHLY $6,308.00 MONTHLY NA 10060 BUDGET DIVISION MANAGER (U) 608 $9,458.67 MONTHLY $11,497.27 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 581 $8,267.35 MONTHLY $10,048.17 MONTHLY MANAGEMENT 20250 BUILDING INSPECTION SUPERVISOR 542 $6,898.71 MONTHLY $8,385.26 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX) 460 $4,589.97 MONTHLY $5,579.49 MONTHLY GENERAL 30073 BUILDING INSPECTOR II 487 $5,252.08 MONTHLY $6,383.41 MONTHLY GENERAL 30074 BUILDING INSPECTOR III 511 $5,919.41 MONTHLY $7,195.67 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U) 613 $9,697.96 MONTHLY $11,786.88 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 459 $4,567.03 MONTHLY $5,551.33 MONTHLY GENERAL City of San Bernardino
Salary Schedule
SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 1 of 7

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Packet Pg. 732 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] ADOPTED 5/18/22
EFFECTIVE 5/19/22
CLASS
CODE

CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP
BOTTOM

HOURLY/

MONTHLY

NEW TOP STEP TOP HOURLY/

MONTHLY UNIT
20263 BUSINESS REGISTRATION MANAGER 530 $6,497.92 MONTHLY $7,898.07 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,741.21 MONTHLY $4,547.21 MONTHLY GENERAL 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $3,933.06 MONTHLY $4,779.74 MONTHLY GENERAL 20271 BUYER 460 $4,582.48 MONTHLY $5,570.39 MONTHLY MIDDLE MANAGEMENT 30292 CEMETERY CARETAKER 395 $3,318.91 MONTHLY $4,034.21 MONTHLY GENERAL 10398 CHIEF DEPUTY CITY CLERK (U) 565 $7,632.66 MONTHLY $9,277.92 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE NA $22,195.99 MONTHLY $27,083.33 MONTHLY EXECUTIVE 10399 CITY CLERK (U) 630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT 00601 CITY COUNCIL NA $1,166.67 MONTHLY $1,166.67 MONTHLY NA 10370 CITY MANAGER (U) NA $23,750.00 MONTHLY $23,750.00 MONTHLY MANAGEMENT 10495 CIVIL ENGINEERING DIVISION MANAGER (U) 620 $10,042.01 MONTHLY $12,205.90 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U) 563 $7,556.67 MONTHLY $9,185.49 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I (FLEX) 441 $4,174.97 MONTHLY $5,074.82 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 472 $4,873.58 MONTHLY $5,923.58 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,045.65 MONTHLY $6,133.24 MONTHLY CONFIDENTIAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,759.98 MONTHLY $4,570.15 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,280.28 MONTHLY $5,203.07 MONTHLY GENERAL 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,113.45 MONTHLY $4,999.75 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U) 600 $9,088.95 MONTHLY $11,047.44 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $4,824.57 MONTHLY $5,865.19 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,397.35 MONTHLY $8,991.12 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,205.26 MONTHLY $3,896.57 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,269.54 MONTHLY $6,405.27 MONTHLY MIDDLE MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,537.72 MONTHLY $5,515.22 MONTHLY MIDDLE MANAGEMENT 30758 COMMUNITY SERVICES OFFICER 410 $3,577.50 MONTHLY $4,348.06 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,063.42 MONTHLY $6,154.39 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,113.45 MONTHLY $4,999.75 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 585 $8,548.69 MONTHLY $10,390.22 MONTHLY MIDDLE MANAGEMENT 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U) 506 $5,687.53 MONTHLY $6,912.74 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,403.37 MONTHLY $4,136.39 MONTHLY GENERAL 30603 CRIME ANALYST 493 $5,411.61 MONTHLY $6,577.35 MONTHLY GENERAL 00605 CRIME DATA TECHNICIAN (PT) 362 $2,700.00 MONTHLY $3,282.00 MONTHLY NA 20600 CRIME FREE PROGRAM COORDINATOR 490 $5,322.63 MONTHLY $6,469.82 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 493 $5,411.61 MONTHLY $6,577.35 MONTHLY GENERAL 00054 CUSTODIAL AIDE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20616 CUSTODIAL SUPERVISOR 477 $4,988.47 MONTHLY $6,062.78 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 368 $2,900.79 MONTHLY $3,526.41 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,173.98 MONTHLY $3,857.99 MONTHLY GENERAL 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 396 $3,335.60 MONTHLY $4,055.06 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) 396 $3,335.60 MONTHLY $4,055.06 MONTHLY GENERAL 30224 CUSTOMER SERVICE REPRESENTATIVE (U) 386 $3,173.98 MONTHLY $3,857.99 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,238.58 MONTHLY $5,151.98 MONTHLY GENERAL 10650 DEPUTY CITY CLERK I (U) 490 $5,251.05 MONTHLY $6,382.81 MONTHLY CONFIDENTIAL 10654 DEPUTY CITY CLERK II (U) 530 $6,410.53 MONTHLY $7,791.85 MONTHLY MANAGEMENT 10372 DEPUTY CITY MANAGER (U) 681 $13,612.89 MONTHLY $16,547.02 MONTHLY MANAGEMENT 10066 DEPUTY DIRECTOR OF FINANCE (U) 629 $10,503.13 MONTHLY $12,766.64 MONTHLY MANAGEMENT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) 629 $10,503.13 MONTHLY $12,766.64 MONTHLY MANAGEMENT 10610 DEPUTY DIRECTOR OF HUMAN RESOURCES (U) 629 $10,503.13 MONTHLY $12,766.64 MONTHLY MANAGEMENT 10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) 629 $10,503.13 MONTHLY $12,766.64 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) 612 $9,649.69 MONTHLY $11,728.34 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 2 of 7

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Packet Pg. 733 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] ADOPTED 5/18/22
EFFECTIVE 5/19/22
CLASS
CODE

CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP
BOTTOM

HOURLY/

MONTHLY

NEW TOP STEP TOP HOURLY/

MONTHLY UNIT
10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) 655 $11,957.36 MONTHLY $14,534.10 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U) 620 $10,042.01 MONTHLY $12,205.90 MONTHLY MANAGEMENT 10400 DEPUTY LIBRARY DIRECTOR (U) 575 $8,022.92 MONTHLY $9,752.39 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,293.03 MONTHLY $10,875.93 MONTHLY POLICE SAFETY 10685 DIRECTOR OF ANIMAL SERVICES (U) 630 $10,555.51 MONTHLY $12,830.31 MONTHLY EXECUTIVE 10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U) 692 $14,381.08 MONTHLY $17,479.54 MONTHLY EXECUTIVE 10711 DIRECTOR OF FINANCE (U) 692 $14,381.08 MONTHLY $17,479.54 MONTHLY EXECUTIVE 10665 DIRECTOR OF HUMAN RESOURCES (U) 660 $12,259.30 MONTHLY $14,900.74 MONTHLY EXECUTIVE 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U) 660 $12,259.30 MONTHLY $14,900.74 MONTHLY EXECUTIVE 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) 662 $12,382.54 MONTHLY $15,050.69 MONTHLY EXECUTIVE 10753 DIRECTOR OF PUBLIC WORKS (U) 692 $14,381.08 MONTHLY $17,479.54 MONTHLY EXECUTIVE PENDING DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $7,546.21 MONTHLY $9,172.25 MONTHLY MIDDLE MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U) 590 $8,646.31 MONTHLY $10,510.32 MONTHLY MANAGEMENT 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U) 600 $9,088.95 MONTHLY $11,047.44 MONTHLY MANAGEMENT 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,444.72 MONTHLY $9,048.90 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,519.10 MONTHLY $6,708.36 MONTHLY CONFIDENTIAL 30831 ELECTRICIAN I (FLEX) 445 $4,259.43 MONTHLY $5,177.01 MONTHLY GENERAL 30841 ELECTRICIAN II 465 $4,705.71 MONTHLY $5,720.25 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $7,632.66 MONTHLY $9,277.92 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX) 450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $4,946.57 MONTHLY $6,013.25 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 511 $5,919.41 MONTHLY $7,195.67 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 532 $6,562.46 MONTHLY $7,977.18 MONTHLY MIDDLE MANAGEMENT PENDING ENGINEERING PROJECT MANAGER 590 $8,646.31 MONTHLY $10,510.32 MONTHLY MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,280.28 MONTHLY $5,203.07 MONTHLY GENERAL PENDING ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,474.21 MONTHLY $7,869.90 MONTHLY MANAGEMENT 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,682.77 MONTHLY $5,692.10 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 560 $7,546.21 MONTHLY $9,172.25 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,215.17 MONTHLY $8,770.43 MONTHLY MIDDLE MANAGEMENT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,275.15 MONTHLY $7,627.41 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX) 420 $3,759.98 MONTHLY $4,570.15 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 445 $4,259.43 MONTHLY $5,177.01 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 408 $3,542.05 MONTHLY $4,305.31 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $3,952.88 MONTHLY $4,803.72 MONTHLY GENERAL 10707 EXECUTIVE ASSISTANT (U) 430 $3,893.36 MONTHLY $4,750.64 MONTHLY CONFIDENTIAL 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U) 464 $4,612.26 MONTHLY $5,606.39 MONTHLY CONFIDENTIAL 10978 EXECUTIVE ASSISTANT TO MAYOR (U) 502 $5,574.56 MONTHLY $6,776.15 MONTHLY CONFIDENTIAL 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 502 $5,574.56 MONTHLY $6,776.15 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U) 550 $7,082.19 MONTHLY $8,609.34 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) 591 $8,689.45 MONTHLY $10,562.70 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,759.98 MONTHLY $4,570.15 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,029.47 MONTHLY $7,328.64 MONTHLY MIDDLE MANAGEMENT 10512 FINANCIAL ANALYST 532 $6,474.21 MONTHLY $7,869.90 MONTHLY MANAGEMENT 30506 FLEET PARTS STOREKEEPER 398 $3,368.96 MONTHLY $4,095.73 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 438 $4,113.45 MONTHLY $4,999.75 MONTHLY GENERAL 00259 FOOD SERVICE PROGRAM SPECIALIST (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20060 FOOD SERVICE SUPERVISOR 478 $5,013.46 MONTHLY $6,094.01 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX) 448 $4,324.08 MONTHLY $5,255.21 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 460 $4,589.97 MONTHLY $5,579.49 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 3 of 7

20.b
Packet Pg. 734 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] ADOPTED 5/18/22
EFFECTIVE 5/19/22
CLASS
CODE

CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP
BOTTOM

HOURLY/

MONTHLY

NEW TOP STEP TOP HOURLY/

MONTHLY UNIT
20160 FORENSICS SUPERVISOR 525 $6,337.61 MONTHLY $7,703.40 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $6,898.71 MONTHLY $8,385.26 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,226.27 MONTHLY $9,998.87 MONTHLY CONFIDENTIAL 10623 GIS ANALYST 483 $5,070.30 MONTHLY $6,163.03 MONTHLY CONFIDENTIAL 10730 GRANT DIVISION MANAGER (U) 601 $9,134.14 MONTHLY $11,102.90 MONTHLY MANAGEMENT 10778 GRANT WRITER 506 $5,687.53 MONTHLY $6,912.74 MONTHLY CONFIDENTIAL 30133 GRANTS ANALYST 476 $4,971.59 MONTHLY $6,043.49 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,237.58 MONTHLY $3,935.15 MONTHLY GENERAL 20100 GRANTS MANAGER (U) 506 $5,765.06 MONTHLY $7,006.97 MONTHLY MIDDLE MANAGEMENT 30098 GROUNDWORKER ARBORIST 392 $3,269.91 MONTHLY $3,974.77 MONTHLY GENERAL 30516 HAZMAT TECHNICIAN 452 $4,410.62 MONTHLY $5,361.56 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,297.86 MONTHLY $8,870.20 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,519.10 MONTHLY $6,708.36 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U) 601 $9,134.14 MONTHLY $11,102.90 MONTHLY MANAGEMENT 10657 HUMAN RESOURCES ANALYST 518 $6,037.73 MONTHLY $7,338.94 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U) 590 $8,646.31 MONTHLY $10,510.32 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,251.05 MONTHLY $6,382.81 MONTHLY CONFIDENTIAL 30207 HUMAN RESOURCES TECHNICIAN 418 $3,722.44 MONTHLY $4,525.32 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,589.97 MONTHLY $5,579.49 MONTHLY GENERAL 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX) 490 $5,251.05 MONTHLY $6,382.81 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,098.33 MONTHLY $7,412.89 MONTHLY CONFIDENTIAL 10637 INFORMATION TECHNOLOGY MANAGER 599 $9,043.76 MONTHLY $10,991.98 MONTHLY MANAGEMENT 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,410.53 MONTHLY $7,791.85 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) 430 $3,893.36 MONTHLY $4,731.39 MONTHLY CONFIDENTIAL 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) 447 $4,302.18 MONTHLY $5,229.14 MONTHLY GENERAL 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $4,753.67 MONTHLY $5,777.60 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $32.96 HOURLY $32.96 HOURLY NA 30113 LEAD ANIMAL CONTROL OFFICER 437 $4,092.60 MONTHLY $4,974.72 MONTHLY GENERAL 30080 LEAD BUILDING INSPECTOR 526 $6,379.24 MONTHLY $7,783.88 MONTHLY GENERAL 30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,548.21 MONTHLY $6,744.18 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,352.28 MONTHLY $4,074.87 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $4,824.57 MONTHLY $5,865.19 MONTHLY GENERAL 20170 LEAD FORENSICS SPECIALIST 503 $5,678.66 MONTHLY $6,902.87 MONTHLY MIDDLE MANAGEMENT 30490 LEAD MAINTENANCE WORKER 452 $4,410.62 MONTHLY $5,361.56 MONTHLY GENERAL 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $4,849.60 MONTHLY $5,894.38 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U) 497 $5,436.94 MONTHLY $6,608.75 MONTHLY CONFIDENTIAL 30335 LIBRARIAN I (FLEX) 450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 30366 LIBRARIAN II 479 $5,046.67 MONTHLY $6,134.20 MONTHLY GENERAL 30341 LIBRARY ASSISTANT 370 $2,929.99 MONTHLY $3,561.86 MONTHLY GENERAL 20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,582.48 MONTHLY $5,570.39 MONTHLY MIDDLE MANAGEMENT 10401 LIBRARY DIRECTOR (U) 635 $10,822.53 MONTHLY $13,153.82 MONTHLY MANAGEMENT 20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,375.72 MONTHLY $6,534.36 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $3,797.51 MONTHLY $4,616.03 MONTHLY GENERAL 00361 LIBRARY PAGE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20387 LIBRARY PROGRAM COORDINATOR 450 $4,359.71 MONTHLY $5,299.73 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX) 380 $3,080.14 MONTHLY $3,744.34 MONTHLY GENERAL 30392 LIBRARY TECHNICIAN II 402 $3,436.74 MONTHLY $4,178.10 MONTHLY GENERAL 00133 LIFEGUARD (PT) 370 $2,810.00 MONTHLY $3,416.00 MONTHLY NA 30215 LITERACY PROGRAM COORDINATOR 470 $4,824.57 MONTHLY $5,865.19 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,243.92 MONTHLY $7,588.89 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 4 of 7

20.b
Packet Pg. 735 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] ADOPTED 5/18/22
EFFECTIVE 5/19/22
CLASS
CODE

CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP
BOTTOM

HOURLY/

MONTHLY

NEW TOP STEP TOP HOURLY/

MONTHLY UNIT
30486 MAINTENANCE WORKER I (FLEX) 393 $3,286.59 MONTHLY $3,994.58 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 415 $3,667.18 MONTHLY $4,457.54 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 425 $3,854.86 MONTHLY $4,685.89 MONTHLY GENERAL 10530 MANAGEMENT ANALYST I (FLEX) 476 $4,896.74 MONTHLY $5,952.49 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U) 476 $4,896.74 MONTHLY $5,952.49 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,687.53 MONTHLY $6,912.74 MONTHLY MANAGEMENT 10533 MANAGEMENT ANALYST II (U) 506 $5,687.53 MONTHLY $6,912.74 MONTHLY MANAGEMENT PENDING MARKETING & MEDIA SPECIALIST 476 $4,896.74 MONTHLY $5,952.49 MONTHLY CONFIDENTIAL 30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,612.90 MONTHLY $5,607.64 MONTHLY GENERAL 00502 MAYOR NA $9,378.08 MONTHLY $9,378.08 MONTHLY NA
10503 MAYOR'S CHIEF OF STAFF (U) 580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U) 561 $7,481.70 MONTHLY $9,094.09 MONTHLY MANAGEMENT 10528 NETWORK SYSTEMS ADMINISTRATOR 566 $7,670.66 MONTHLY $9,324.13 MONTHLY CONFIDENTIAL 30425 NPDES INSPECTOR I (FLEX) 461 $4,612.90 MONTHLY $5,607.64 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,199.94 MONTHLY $6,320.85 MONTHLY GENERAL 20555 NPDES MANAGER 525 $6,337.61 MONTHLY $7,703.40 MONTHLY MIDDLE MANAGEMENT 10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U) 591 $8,689.45 MONTHLY $10,562.70 MONTHLY MANAGEMENT 30581 PARKING ENFORCEMENT OFFICER 380 $3,080.14 MONTHLY $3,744.34 MONTHLY GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $6,628.05 MONTHLY $8,057.34 MONTHLY MIDDLE MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX) 390 $3,237.58 MONTHLY $3,935.15 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $3,778.74 MONTHLY $4,593.09 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,129.14 MONTHLY $7,449.86 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $3,893.36 MONTHLY $4,731.39 MONTHLY CONFIDENTIAL 30691 PLANNING AIDE 456 $4,499.25 MONTHLY $5,468.96 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U) 594 $8,820.90 MONTHLY $10,721.88 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX) 499 $5,576.36 MONTHLY $6,777.55 MONTHLY GENERAL 30682 PLANS EXAMINER II 534 $6,638.87 MONTHLY $8,070.50 MONTHLY GENERAL 30481 PLUMBER 450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 00192 POLICE CADET (PT) NA $15.00 HOURLY $17.00 HOURLY NA 50283 POLICE CAPTAIN P5 $17,351.00 MONTHLY $17,351.00 MONTHLY POLICE MANAGEMENT 20775 POLICE DISPATCH MANAGER 528 $6,433.38 MONTHLY $7,819.99 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 498 $5,539.16 MONTHLY $6,733.19 MONTHLY MIDDLE MANAGEMENT 32767 POLICE DISPATCHER I (FLEX) 425 $3,857.82 MONTHLY $4,689.49 MONTHLY POLICE DISPATCHER 32768 POLICE DISPATCHER II 456 $4,502.70 MONTHLY $5,473.16 MONTHLY POLICE DISPATCHER 30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,368.96 MONTHLY $4,095.73 MONTHLY GENERAL 50402 POLICE LIEUTENANT P4 $14,743.00 MONTHLY $14,743.00 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $7,141.76 MONTHLY $9,537.75 MONTHLY POLICE SAFETY 30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $3,952.88 MONTHLY $4,803.72 MONTHLY GENERAL 20765 POLICE RECORDS SUPERVISOR 464 $4,675.13 MONTHLY $5,682.82 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX) 369 $2,915.39 MONTHLY $3,544.14 MONTHLY GENERAL 30220 POLICE RECORDS TECHNICIAN II 390 $3,237.58 MONTHLY $3,935.15 MONTHLY GENERAL 40332 POLICE SERGEANT P3 $9,384.73 MONTHLY $12,290.11 MONTHLY POLICE SAFETY 30585 POOL MAINTENANCE COORDINATOR 421 $3,778.74 MONTHLY $4,593.09 MONTHLY GENERAL 00331 POOL MANAGER I (PT) 421 $3,624.00 MONTHLY $4,405.00 MONTHLY NA 00333 POOL MANAGER II (PT) 443 $4,044.00 MONTHLY $4,916.00 MONTHLY NA 20019 PRINCIPAL ACCOUNTANT 550 $7,178.74 MONTHLY $8,726.70 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,088.95 MONTHLY $11,047.44 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,181.46 MONTHLY $7,513.94 MONTHLY MIDDLE MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 5 of 7

20.b
Packet Pg. 736 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] ADOPTED 5/18/22
EFFECTIVE 5/19/22
CLASS
CODE

CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP
BOTTOM

HOURLY/

MONTHLY

NEW TOP STEP TOP HOURLY/

MONTHLY UNIT
10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) 550 $7,082.19 MONTHLY $8,609.34 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,082.19 MONTHLY $8,609.34 MONTHLY MANAGEMENT 20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,429.86 MONTHLY $6,599.94 MONTHLY MIDDLE MANAGEMENT 30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) 411 $3,595.23 MONTHLY $4,369.96 MONTHLY GENERAL 30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $4,873.58 MONTHLY $5,923.58 MONTHLY GENERAL 10212 PUBLIC INFORMATION OFFICER (U) 593 $8,776.74 MONTHLY $10,668.48 MONTHLY MANAGEMENT 30580 PUBLIC WORKS INSPECTOR I (FLEX) 476 $4,971.59 MONTHLY $6,043.49 MONTHLY GENERAL 30583 PUBLIC WORKS INSPECTOR II 499 $5,576.36 MONTHLY $6,777.55 MONTHLY GENERAL 30584 PUBLIC WORKS INSPECTOR III 529 $6,476.21 MONTHLY $7,871.34 MONTHLY GENERAL 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $5,801.52 MONTHLY $7,052.41 MONTHLY MANAGEMENT 10863 PURCHASING DIVISION MANAGER (U) 598 $8,998.57 MONTHLY $10,937.55 MONTHLY MANAGEMENT 30770 RANGEMASTER 465 $4,705.71 MONTHLY $5,720.25 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U) 460 $4,520.85 MONTHLY $5,495.48 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 00244 RECREATION LEADER (PT) 363 $2,714.00 MONTHLY $3,299.00 MONTHLY NA 00230 RECREATION SPECIALIST (PT) 393 $3,152.00 MONTHLY $3,831.00 MONTHLY NA 00256 RECREATION SUPERVISOR (AQUATICS) (PT) 481 $4,888.00 MONTHLY $5,942.00 MONTHLY NA 30825 RECREATION THERAPIST 468 $4,776.61 MONTHLY $5,806.80 MONTHLY GENERAL 30115 REGISTERED VETERINARY TECHNICIAN 450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 10690 RISK DIVISION MANAGER (U) 590 $8,646.31 MONTHLY $10,510.32 MONTHLY MANAGEMENT 10538 SAFETY OFFICER 530 $6,410.53 MONTHLY $7,791.85 MONTHLY CONFIDENTIAL 00266 SECURITY OFFICER I (PT) 371 $2,824.00 MONTHLY $3,433.00 HOURLY NA 00265 SECURITY OFFICER II (PT) 395 $3,183.00 HOURLY $3,869.00 HOURLY NA 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,759.98 MONTHLY $4,570.15 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,237.58 MONTHLY $3,935.15 MONTHLY GENERAL 30410 SENIOR ARBORIST 502 $5,659.78 MONTHLY $6,879.73 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 581 $8,267.35 MONTHLY $10,048.17 MONTHLY MANAGEMENT 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,051.93 MONTHLY $4,925.71 MONTHLY GENERAL 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 445 $4,259.43 MONTHLY $5,177.01 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U) 445 $4,259.43 MONTHLY $5,177.01 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) 435 $3,990.92 MONTHLY $4,851.55 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,410.53 MONTHLY $7,791.85 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,543.45 MONTHLY $5,523.21 MONTHLY CONFIDENTIAL 10689 SENIOR HUMAN RESOURCES/RISK ANALYST 559 $7,407.75 MONTHLY $9,003.71 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,189.00 MONTHLY $8,738.74 MONTHLY CONFIDENTIAL 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 460 $4,520.85 MONTHLY $5,495.48 MONTHLY CONFIDENTIAL 00283 SENIOR LIFEGUARD (PT) 396 $3,199.00 MONTHLY $3,889.00 MONTHLY NA 10513 SENIOR MANAGEMENT ANALYST 556 $7,297.86 MONTHLY $8,870.20 MONTHLY MANAGEMENT 10514 SENIOR MANAGEMENT ANALYST (U) 556 $7,297.86 MONTHLY $8,870.20 MONTHLY MANAGEMENT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $8,733.61 MONTHLY $10,615.07 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 375 $3,004.02 MONTHLY $3,651.54 MONTHLY GENERAL 10223 SENIOR OFFICE ASSISTANT (U) 375 $2,958.79 MONTHLY $3,596.55 MONTHLY CONFIDENTIAL 20243 SENIOR PLANNER 549 $7,143.34 MONTHLY $8,682.98 MONTHLY MIDDLE MANAGEMENT 00294 SENIOR RECREATION LEADER (PT) 372 $2,838.00 MONTHLY $3,450.00 MONTHLY NA 30978 SOLID WASTE FIELD INSPECTOR 450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 20995 STATION MANAGER 490 $5,322.63 MONTHLY $6,469.82 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20336 TECHNOLOGY LIBRARIAN 502 $5,650.55 MONTHLY $6,868.52 MONTHLY MIDDLE MANAGEMENT 10443 TRAFFIC ENGINEER 573 $7,943.85 MONTHLY $9,655.85 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 6 of 7

20.b
Packet Pg. 737 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] ADOPTED 5/18/22
EFFECTIVE 5/19/22
CLASS
CODE

CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP
BOTTOM

HOURLY/

MONTHLY

NEW TOP STEP TOP HOURLY/

MONTHLY UNIT
20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,562.46 MONTHLY $7,977.18 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,251.61 MONTHLY $8,814.15 MONTHLY MIDDLE MANAGEMENT 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $6,595.78 MONTHLY $8,016.74 MONTHLY MIDDLE MANAGEMENT 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX) 450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,173.88 MONTHLY $6,288.52 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $5,978.84 MONTHLY $7,267.62 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,386.69 MONTHLY $4,115.54 MONTHLY GENERAL 10740 TREASURY MANAGER 598 $8,998.57 MONTHLY $10,937.55 MONTHLY MANAGEMENT 20666 TREASURY SUPERVISOR 502 $5,650.55 MONTHLY $6,868.52 MONTHLY MIDDLE MANAGEMENT 30620 VOLUNTEER COORDINATOR (GRANT FUNDED) 358 $2,760.03 MONTHLY $3,354.37 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,635.84 MONTHLY $5,635.79 MONTHLY GENERAL REVISION ADOPTED BY MCC 6/19/17
REVISION ADOPTED BY MCC 6/20/18
REVISION ADOPTED BY MCC 06/19/19
REVISION ADOPTED BY MCC 8/21/19
REVISION ADOPTED BY MCC 1/15/20
REVISION ADOPTED BY MCC 6/24/20
REVISION ADOPTED BY MCC 9/2/20
REVISION ADOPTED BY MCC 12/16/20
REVISION ADOPTED BY MCC 2/17/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 6/16/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 8/4/21
REVISION ADOPTED BY MCC 9/15/21
REVISION ADOPTED BY MCC 10/20/21
REVISION ADOPTED BY MCC 11/3/21
REVISION ADOPTED BY MCC 2/2/22
REVISION ADOPTED BY MCC 2/16/22
REVISION ADOPTED BY MCC 3/16/22
REVISION ADOPTED BY MCC 4/6/22
(U) DENOTES UNCLASSIFIED
* Part-time, seasonal, and temporary filled positions with a salary established in Resolution No. 2022- shall be paid the hourly equivalent of the salary listed in the 2021/2022 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, rules or regulations.

SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 7 of 7

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Packet Pg. 738 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1]

CITY OF SAN BERNARDINO POLICE DEPARTMENT
First 6 Following Third Fourth Fifth & SubJOB Months 18 Months Year Year sequent Yrs TITLE Service Service Service Service Service
Monthly Pay Rates Effective September 1, 2021:

Police Officer $7,141.76 $7,740.50 $8,340.27 $8,939.01 $9,537.75 P-1
Detective/Corporal $8,293.03 $8,939.01 $9,584.99 $10,229.95 $10,875.93 P-2
Sergeant $9,384.73 $10,110.82 $10,836.90 $11,564.02 $12,290.11 P-3
Lieutenant -- -- -- -- $14,743.00
P-4
Captain -- -- -- -- $17,351.00
P-5
Assistant Chief -- -- -- -- $21,242.00
P-6

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Packet Pg. 739 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] (8900 : Approving Job Classifications,

Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 18, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: David Green, Interim Chief of Police
Subject: Purchase of Commercial Vehicle Enforcement Trucks (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Director of Finance to issue a purchase order to UAG of Cerritos in an amount not to exceed $110,000.

Background
In 2021, the San Bernardino Police Department began planning to create a Commercial Enforcement Unit to address the impact of increased commercial traffic on the City’s roadways. To create a functioning Commercial Enforcement Unit, the Police Department allocated funds within the Fiscal Year 2021/22 budget for the purchase of vehicles, equipment, and the assignment of personnel. On June 16, 2021, the Mayor and City Council adopted the Fiscal Year 2021/22 operating budget, allowing the Police Department to move forward with the project.

Discussion
In recent years, the City of San Bernardino has experienced rapid growth in the logistics and transportation sectors. This growth has been accompanied by increased commercial vehicle traffic on roadways and requests from the public that the police department ensure these vehicles are legally and safely operated. The Police Department has responded to this need by establishing a Commercial Enforcement Unit.

The Commercial Enforcement Unit requires unique equipment in addition to the standard equipment carried by patrol officers. This necessitates the purchase of larger vehicles capable of carrying the needed equipment as officers conduct enforcement activities. To adequately equip the officers assigned to the unit, the Police Department needs to purchase two commercial enforcement vehicles. After several months of conducting commercial enforcement activity and the study of commercial enforcement units from other law enforcement agencies, the Police Department has determined that the vehicle type that best serves the needs of the unit is a pick-up truck. Each truck purchased would be outfitted with the necessary emergency equipment and other modifications to securely carry and operate the equipment required for commercial 21 Packet Pg. 740
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enforcement operations.

The Police Department determined what vehicle specifications were required and on February 23, 2022, the Finance Department opened a competitive bid process. At that time, bids were solicited for a Dodge Ram 2500 pick-up truck. The bid was written for a Dodge truck based on availability, since Ford and Chevrolet were not willing to accept orders for trucks and this issue would have prevented any Ford or Chevrolet dealerships from submitting bids. At the conclusion of that bid process, no bids were received.

On March 17, 2022, the Finance Department reopened the competitive bid process, and one bid was submitted before the process was closed. The sole bid submitted was from UAG of Cerritos, more commonly known as Penske Chevrolet of Cerritos for a 2022 Chevrolet Silverado 2500 pick-up truck. This vehicle met or exceeded the vehicle specifications of the Dodge truck in all areas except for the requirement regarding the alternator. This issue is relatively minor and can be overcome through the addition of a second alternator when the truck is outfitted with the necessary equipment.

Current supply chain shortages and the lack of vehicle availability have negatively impacted the vehicle purchasing processes for private citizens and government agencies alike. This impact has been felt by government agencies when few or no responses are received for bid requests related to vehicle purchases. This bid process has reflected that trend and it is unlikely that opening the bid for a third time will yield different results. The vehicle bid submitted by UAG of Cerritos will meet the overall needs of the Commercial Enforcement Unit and it is recommended that the City move forward with the purchase of two trucks.

Bid Results Table
Vendor Cost Quantity Total
Penske Chevrolet $52,574.00 2 $105,148
2021-2025 Key Strategic Targets and Goals
The purchase of two commercial vehicle enforcement trucks aligns with Key Target No. 3: Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
The fiscal impact to the City involves the expenditure of up to $110,000 from the Fiscal Year 2021/2022 adopted budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Director of Finance to issue a purchase order to UAG of Cerritos in an amount not to exceed $110,000.

Attachments
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Attachment 1 Commercial Enforcement Bid and Response Document Attachment 2 Penske Contract
Attachment 3 Exhibit A to Penske Contract (Vehicle Specifications) Attachment 4 Exhibit B to Penske Contract (Delivery and Fee Schedule) Ward: All
Synopsis of Previous Council Actions:

June 16, 2021 Adoption of the Fiscal Year 2021/22 budget by the Mayor and City Council of San Bernardino.
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Packet Pg. 743 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement

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Packet Pg. 760 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 1 CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 18th day of May, 2022, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and UAG Cerritos I, LLC (Penske Chevrolet of Cerritos), a limited liability corporation with its principal place of business at 18605 Studebaker Rd, Cerritos, CA 90703 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.

B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval.

Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request.

Section 3. INSPECTIONS AND TESTS.

City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after

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Packet Pg. 761 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 2 rejection or acceptance thereof.

Section 4. WARRANTY.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s vehicle warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights

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Packet Pg. 762 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 3 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

Section 5. PRICES.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “B,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications.

If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.

Section 7. PAYMENTS.

A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met.

Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.

C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which

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Packet Pg. 763 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 4 payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.

D. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;

2. Written acceptance of the Goods by City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.

E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 8. SCHEDULE FOR DELIVERY.

A. The time of Supplier’s performance is of the essence for this Agreement.

The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule.

B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in

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Packet Pg. 764 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 5 scheduling the delivery so that City can maximize the efficient completion of such project(s).

Section 9. TAXES.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.

B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 10. INDEPENDENT CONTRACTOR.

Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 11. SUBCONTRACTS.

Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.

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Packet Pg. 765 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 6 Section 12. TITLE AND RISK OF LOSS.

Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.

Section 13. INDEMNIFICATION.

A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

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Packet Pg. 766 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 7 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.

5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, selfinsurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

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.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

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Packet Pg. 767 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 8 D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 15. LIENS.

A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 16. TERMINATION OF AGREEMENT BY CITY.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered.

If City’s cost of obtaining the Goods, including compensation for additional managerial

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Packet Pg. 768 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 9 and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. A Force Majeure Event shall mean an event that materially affects a Party’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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects

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Packet Pg. 769 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 10 thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.

Section 18. MISCELLANEOUS PROVISIONS.

A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Lieutenant Michele Mahan
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:

UAG Cerritos I, LLC, (Penske Chevrolet of
Cerritos)
18605 Studebaker Road
Cerritos, Ca. 90703
Attn: Kyle Slavin
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

21.b
Packet Pg. 770 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 11 C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.

H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.

K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.

O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered

21.b
Packet Pg. 771 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 12 as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]

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Packet Pg. 772 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND UAG CERRITOS I, LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

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

SUPPLIER

UAG CERRITOS I, LLC
Signature
Name
Title

21.b
Packet Pg. 773 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 14 Exhibit A
Goods Specifications
[ATTACHED]

21.b
Packet Pg. 774 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 15 Exhibit B
Delivery Schedule/Fee Schedule
[ATTACHED]

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Packet Pg. 775 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards))

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Packet Pg. 776 Attachment: Attachment 3 - Exhibit A to Penske Contract (Vehicle Specifications) (8904 : Purchase of Commercial Vehicle Enforcement Trucks

21.c
Packet Pg. 777 Attachment: Attachment 3 - Exhibit A to Penske Contract (Vehicle Specifications) (8904 : Purchase of Commercial Vehicle Enforcement Trucks

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Packet Pg. 778 Attachment: Attachment 3 - Exhibit A to Penske Contract (Vehicle Specifications) (8904 : Purchase of Commercial Vehicle Enforcement Trucks

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Packet Pg. 779 Attachment: Attachment 3 - Exhibit A to Penske Contract (Vehicle Specifications) (8904 : Purchase of Commercial Vehicle Enforcement Trucks

21.d
Packet Pg. 780 Attachment: Attachment 4 - Exhibit B to Penske Contract (Delivery and Fee Schedule) (8904 : Purchase of Commercial Vehicle Enforcement

Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 18, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: David Green, Interim Chief of Police
Subject: Authorize the Issuance of a Purchase Order Body Worn Camera Solution Contract Extension (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 the Second Amendment to the Professional Services Agreement with Axon Enterprise, Inc., for body worn camera services; and authorize the Director of Finance to issue a purchase order to Axon Enterprise Inc., in an amount not to exceed $48,200.

Background
On February 21, 2017, the City entered into an agreement with Axon Enterprise, Inc., (then Taser International, Inc.) to provide the Police Department with Body Worn Camera (BWC) services. On December 6, 2017, the City and Axon modified the agreement to incorporate the purchase of Taser weapons. In 2020, staff identified excessive costs to the contract and renegotiated a cost savings of more than $139,000 over two years. That renegotiation process resulted in the execution of a replacement Professional Services Agreement with Axon Enterprise, Inc.

In April of 2022, the City extended the contract by 2.5 months to provide staff time to complete an RFP process consistent with the City's procurement process. The agreement is currently set to expire on June 30, 2022.

Discussion
The Department is in the process of selecting a new BWC system provider. On February 8, 2022, staff issued an RFP to solicit proposals from different vendors. The bidding closed on February 24, 2022. The City received numerous submissions from qualified vendors, each with innovative solutions that met the RFP requirements. As a result, the City began a thorough interview, trial, and vetting process to identify the bestvalued vendor. During this vetting process, staff has learned that transferring BWC data from Axon’s evidence management system over to other vendors is more complex than was initially understood.

Under our current contract with Axon, the City owns all data associated with its account; however, staff has learned that although the City owns the data, the metadata is 22 Packet Pg. 781
8945

encrypted in a manner that it is only accessible by Axon. The City currently has approximately 200 terabytes of data stored in Axon’s evidence management system which equates to thousands of videos. Some of those videos contain evidence of crimes that must be retained for court purposes. Retaining the meta-data associated with those videos is important so that staff can easily identify videos when needed. Staff is working with vendors to identify a method of transferring all data and the best option vendor cannot be selected until this process is completed.

The City’s review panel anticipates selecting a vendor soon, but staff will not be able to present the selection to the Mayor and City Council until after the current contract expires.

To maintain BWC services during the selection process and in preparation for unanticipated delays related to vendor selection, staff requested a contract extension from Axon. The extension will be effective at the beginning of the new fiscal year, for which funds have been budgeted to cover the anticipated cost of the new contract. In addition to this extension, two one-month option extensions are also available at City’s discretion if more time is needed for the data migration. The following table lists the cost of a contract extension that will provide BWC coverage to the end of September 30, 2022. Also included are the costs of the two option months:

Vendor Cost Quantity Total
Axon Enterprises
Inc.
$24,100.00 3 months $24,100.00
$24,100.00 2 option months $24,100.00
Staff requests the issuance of a purchase order to Axon Enterprise for an amount not to exceed $48,200 including a slight contingency to cover any unforeseen costs. 2021-2025 Strategic Targets and Goals
This contract extension for Body Worn Camera services aligns with Key Target No. 3:

Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
The financial impact to the City is $48,200. There is sufficient funding in the FY 2022/2023 Adopted Budget in account numbers: 001-210-0086*5502 to cover this cost.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the Second Amendment to the Professional Services Agreement with Axon Enterprise, Inc., for body worn camera services; and authorize the Director of Finance to issue a purchase order to Axon Enterprise, Inc. in an amount not to exceed $48,200.

Attachments
Attachment 1 Amendment No. 2 to Professional Services Agreement with Axon 22 Packet Pg. 782
8945

Enterprise, Inc.

Attachment 2 First Amendment to Professional Services Agreement with Axon Enterprise, Inc.

Attachment 3 Original Agreement Taser International, Inc (Axon) Attachment 4 Axon Quote for Contract Extension
Ward: All
Synopsis of Previous Council Actions:

April 6, 2022 Mayor and City Council authorized the City Manager to execute a Professional Services Agreement with Axon Enterprise, Inc, to extend the City’s current contract for body worn cameras.

June 17, 2020 Mayor and City Council adopted Resolution 2020-129, authorizing the City Manager to execute a replacement Professional Services Agreement with Axon Enterprise, Inc., decreasing costs for the remaining two years of an existing five-year agreement by $139,426.56.

December 6, 2017 Mayor and City Council adopted Resolution 2017-232, authorizing the execution of a 5-year agreement between the City of San Bernardino and Axon Enterprise, Inc. for body worn cameras and Taser X26P weapons and issuance of a purchase order to Axon Enterprise, Inc.

September 6, 2017 Mayor and City Council adopted Resolution 2017-171, authorizing the Director of Finance to issue purchase orders to Taser International, Inc. and the City of Fontana Police Department for body worn camera data storage.

February 21, 2017 Mayor and City Council adopted Resolution 2017-020, authorizing the City manager to execute a vendor services agreement with Taser International, Inc., and authorizing the Director of Finance to issue a purchase order to Taser International, Inc. in the amount of $341,230 for body worn cameras.
22 Packet Pg. 783
AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
WITH AXON ENTERPRISE, INC.

This Amendment No. 2 to the Professional Services Agreement is made and entered into as of May 18, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Axon Enterprise, Inc., a Delaware corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and Consultant have entered into an agreement, dated February 21, 2017, for the purchase of 285 body worn camera licenses (“First Agreement”).

B. WHEREAS, the City and Consultant have entered into an amendment to the First Agreement, dated December 6, 2017, to incorporate the purchase of TASER weapons.

C. WHEREAS, the City and the Consultant have entered into a replacement agreement, dated June 17, 2020, for the purpose of reducing the cost of services for body-worn cameras, digital evidence management, and TASER conducted energy weapons (the “Master Agreement”).

D. WHEREAS, the City and Consultant have entered into Amendment No. 1 to the Master Agreement, dated April 6, 2022, in order to extend the term of the Master Agreement through June 30, 2022, provide additional services, and include additional funds for the performance of the additional services.

E. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement through September 30, 2022, provide the City with two one month extension options, provide additional services, and to include additional funds for the continued performance of the services.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Amendment No. 2 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Term. The term of the Master Agreement shall be extended through September 30, 2022, unless earlier terminated. In addition, City shall, at its sole discretion, have the option to extend the term of the Master Agreement for option terms

22.a
Packet Pg. 784 Attachment: Attachment 1 - Amendment No. 2 to Professional Services Agreement with Axon Enterprise, Inc. [Revision 1] (8945 : Authorize the of one month each. Option Term #1 shall begin on October 1, 2022 and end on October 31, 2022. Option Term #2 shall begin on November 1, 2022 and end on November 30, 2022.

3. Services. The Services, as that term is defined in the Master Agreement, shall be amended to include additional services, as further described in Exhibit “A-1”, attached to this Amendment No. 2 and incorporated herein by reference. Services shall be provided at the rates as more particularly described in Exhibit “A-1”. Services during the Option Terms shall be provided at a monthly rate of approximately Twelve Thousand Fifty Dollars ($12,050.00).

4. Compensation. The compensation for Services performed pursuant to this Amendment No. 2 shall not exceed Forty Eight Thousand Two Hundred Dollars ($48,200.00), thereby increasing the total not to exceed compensation of the Master Agreement to the amount of Five Hundred Twenty Six Thousand Five Hundred Eleven Dollars and Four Cents ($526,511.04).

5. Full Force. Except as amended by this Amendment No. 2, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.

6. Electronic Transmission. A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.

7. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

22.a
Packet Pg. 785 Attachment: Attachment 1 - Amendment No. 2 to Professional Services Agreement with Axon Enterprise, Inc. [Revision 1] (8945 : Authorize the

SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH AXON ENTERPRISE, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field,
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
AXON ENTERPRISE, INC.

Signature
Name
Title

22.a
Packet Pg. 786 Attachment: Attachment 1 - Amendment No. 2 to Professional Services Agreement with Axon Enterprise, Inc. [Revision 1] (8945 : Authorize the

EXHIBIT A
-1

AXON QUOTE

ADDITIONAL SERVICES/COMPENSATION
[ATTACHED]

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Packet Pg. 787 Attachment: Attachment 1 - Amendment No. 2 to Professional Services Agreement with Axon Enterprise, Inc. [Revision 1] (8945 : Authorize the

22.b
Packet Pg. 788 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

22.b
Packet Pg. 789 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 790 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

22.b
Packet Pg. 791 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

22.b
Packet Pg. 792 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 793 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

22.b
Packet Pg. 794 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 795 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 796 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 797 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 798 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 799 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 800 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 801 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 802 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 803 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 805 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 806 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 807 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 808 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

22.b
Packet Pg. 809 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn

22.c
Packet Pg. 810 Attachment: Attachment 3 - Original Agreement Taser International, Inc (Axon) (8945 : Authorize the Issuance of a Purchase Order Body Worn

22.c
Packet Pg. 811 Attachment: Attachment 3 - Original Agreement Taser International, Inc (Axon) (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 812 Attachment: Attachment 3 - Original Agreement Taser International, Inc (Axon) (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 813 Attachment: Attachment 3 - Original Agreement Taser International, Inc (Axon) (8945 : Authorize the Issuance of a Purchase Order Body Worn

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Packet Pg. 814 Attachment: Attachment 3 - Original Agreement Taser International, Inc (Axon) (8945 : Authorize the Issuance of a Purchase Order Body Worn

Q-389901-44678.663CM
Issued: 04/27/2022
Quote Expiration:

Estimated Contract Start Date: 07/01/2022
Account Number: 106954
Payment Terms: N30
Delivery Method: Fedex - Ground

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Delivery;Invoice-710 N D St San Bernardino Police Dept. - CA Chris Morton Nelson Carrington 710 N D St 710 N D St Phone: +1 2063106165 Phone: (909) 384-5690 San Bernardino, CA 92401-1112 San Bernardino, CA 92401-1112 Email: [email protected] Email: [email protected] USA USA Fax: Fax:

Email:

Quote Summary Discount Summary
Program Length 3 Months Average Savings Per Year $77,120.00 TOTAL COST $24,100.00
ESTIMATED TOTAL W/ TAX $24,100.00 TOTAL SAVINGS $19,280.00 Payment Summary
Date Subtotal Tax Total
Jun 2022 $24,100.00 $0.00 $24,100.00
Total $24,100.00 $0.00 $24,100.00
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

22.d
Packet Pg. 815 Attachment: Attachment 4 - Axon Quote for Contract Extension (8945 : Authorize the Issuance of a

Quote Unbundled Price: $43,380.00
Quote List Price: $43,380.00
Quote Subtotal: $24,100.00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Software
73682 AUTO TAGGING LICENSE 180 3 $9.00 $5.00 $2,700.00 $0.00 $2,700.00 73686 UNLIMITED BWC + CAPTURE STORAGE 180 3 $24.00 $13.33 $7,200.00 $0.00 $7,200.00 BasicLicense Basic License Bundle 100 3 $15.00 $8.33 $2,500.00 $0.00 $2,500.00 ProLicense Pro License Bundle 180 3 $39.00 $21.67 $11,700.00 $0.00 $11,700.00 Total $24,100.00 $0.00 $24,100.00

22.d
Packet Pg. 816 Attachment: Attachment 4 - Axon Quote for Contract Extension (8945 : Authorize the Issuance of a

Delivery Schedule
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 100 07/01/2022 09/30/2022 Basic License Bundle 73840 EVIDENCE.COM BASIC LICENSE 100 07/01/2022 09/30/2022 Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 540 07/01/2022 09/30/2022 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 180 07/01/2022 09/30/2022 A la Carte 73682 AUTO TAGGING LICENSE 180 07/01/2022 09/30/2022 A la Carte 73686 UNLIMITED BWC + CAPTURE STORAGE 180 07/01/2022 09/30/2022

22.d
Packet Pg. 817 Attachment: Attachment 4 - Axon Quote for Contract Extension (8945 : Authorize the Issuance of a

Payment Details
Jun 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Extension - 7/1/2022-
9/30/2022 73682 AUTO TAGGING LICENSE 180 $2,700.00 $0.00 $2,700.00 Extension - 7/1/2022-
9/30/2022 73686 UNLIMITED BWC + CAPTURE STORAGE 180 $7,200.00 $0.00 $7,200.00 Extension - 7/1/2022-
9/30/2022 BasicLicense Basic License Bundle 100 $2,500.00 $0.00 $2,500.00 Extension - 7/1/2022-
9/30/2022 ProLicense Pro License Bundle 180 $11,700.00 $0.00 $11,700.00 Total $24,100.00 $0.00 $24,100.00

22.d
Packet Pg. 818 Attachment: Attachment 4 - Axon Quote for Contract Extension (8945 : Authorize the Issuance of a

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

22.d
Packet Pg. 819 Attachment: Attachment 4 - Axon Quote for Contract Extension (8945 : Authorize the Issuance of a

\s1\ \d1\
Signature Date Signed
4/27/2022

22.d
Packet Pg. 820 Attachment: Attachment 4 - Axon Quote for Contract Extension (8945 : Authorize the Issuance of a

Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 18, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: David Green, Interim Chief of Police
Subject: Adopt Ordinance MC-1579, Police Department Policy 705 (Military Equipment Policy) (All Wards)
Recommendation
Adopt Ordinance No. MC-1579 of the Mayor and City Council of the City of San Bernardino, California, adopting Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481.

Background
AB 481 was enacted to increase transparency, accountability, and oversight surrounding the use and acquisition of military equipment by state and local law enforcement. It requires law enforcement agencies to obtain approval from the legislative bodies that oversee them before purchasing, raising funds for, or acquiring military equipment, by any means. Law enforcement agencies are also required to obtain approval by their legislative bodies before collaborating with another law enforcement agency in the deployment or use of military equipment within the law enforcement agency’s jurisdiction, or before using any new or existing military equipment not previously approved.

Under AB 481, a governing body approval must take the form of an ordinance adopting a publicly released, written military equipment use policy, which must address a number of specific topics, including the type, quantity, capabilities, purposes, and authorized uses of each type of military equipment, the fiscal impact of their acquisition and use, the legal and procedural rules that govern their use, the training required by any officer allowed to use them, the mechanisms in place to ensure policy compliance, and the procedures by which the public may register complaints. The governing body must consider a proposed military equipment use policy in open session and may only approve a military equipment use policy if it makes various specific findings regarding the necessity of the military equipment and the lack of reasonable alternatives.

AB 481 also requires any law enforcement agency that receives approval for the use of military equipment to submit annual reports to the governing body regarding the use of the equipment, any complaints received, any internal audits or other information about violations of the military equipment use policy, the cost of such use, and other similar information.
23 Packet Pg. 821
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Discussion
Law enforcement incidents can be unpredictable and complex. In order to de-escalate violent and tense situations, at times, special equipment, tools, or resources may be necessary to reduce the possibility of harm to community members, individuals directly involved in the incident, and officers and increase the likelihood of a positive outcome.

Items identified as “military equipment” include, but are not limited to, unmanned aerial (Drones) or ground vehicles, pepper balls, less lethal 40mm projectile launchers and distraction devices. These tools have been tested in the field and are used to help enhance citizen safety, officer safety, and reduce the need for escalation of force. They are commonly utilized by law enforcement, and their use is considered best practices.

The San Bernardino Police Department (“Department”) has not discovered other reasonable alternatives for these tools that can achieve the same objectives of community member safety and officer safety as these tools are capable of doing.

The mere presence or communicated use of some of these tools can help to deescalate a situation prior to the need to utilize them and some items can be used for other purposes, such as an unmanned aerial vehicle (i.e., drone) for missing persons or interior searches of a building, or a Long-Range Acoustic Device (LRAD) for making announcements during evacuations.

The Department is committed to utilizing equipment that helps to safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter.

The adoption of Ordinance No. MC-1579 and Policy 705 provide for safeguards to the public’s safety, welfare, and civil rights and ensures transparency, oversight and accountability measures are in place. As examples, the Department will be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to City Council the use of this equipment, seek approval prior to purchasing tools deemed to be “military equipment.”
On May 4, 2022, the Mayor and City Council introduced, read by tile only, and waived further reading of Ordinance No. MC-1579. The Ordinance is now ready for adoption. 2021-2025 Key Strategic Targets and Goals
The adoption of Police Department Policy 705 aligns with Key Target No. 3: Improved Quality of Life; constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
There is no new fiscal impact associated with the approval of this ordinance, policy, and equipment list. Any future equipment would be subject to approved budgets at the time of acquisition and approval.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, 23 Packet Pg. 822
8955

California, adopt Ordinance No. MC-1579 of the Mayor and City Council of the City of San Bernardino, California, adopting Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481.

Attachments
Attachment 1 Ordinance No. MC-1579
Attachment 2 Ordinance No. MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment”
Ward: All
Synopsis of Previous Council Actions:

May 4, 2022 First reading of Ordinance No. MC-1579 adopting Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481 was presented to, and introduced by, the Mayor and City Council.
23 Packet Pg. 823
Ordinance MC-1579
ORDINANCE NO. MC-1579

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING POLICE DEPARTMENT POLICY NO. 705
(MILITARY EQUIPMENT POLICY), IN ACCORDANCE
WITH ASSEMBLY BILL 481
WHEREAS, the City San Bernardino, California, (“City”), is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c); and
WHEREAS, AB 481 requires adoption of a military equipment policy (“Policy”) by the City Council before the San Bernardino Police Department (“Department”) may take action to request military equipment; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, to continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and
WHEREAS, once adopted, the Policy will be made publicly available on the Department website for as long as the covered military equipment is available for use; and WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and
WHEREAS, this Ordinance shall be reviewed by the City Council at least annually and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO

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Packet Pg. 824 Attachment: Attachment 1 - Ordinance MC-1579 Ordinance Adopting Police Department Policy 705 (Military Equipment Policy) (8955 : Adopt Ordinance MC-1579
ORDAIN AS FOLLOWS:

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

SECTION 2. Findings. Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:

A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. If the Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

SECTION 3. Adoption of Military Equipment Policy. The City Council hereby adopts the Policy No. 705, Military Equipment Policy, along with any related Attachments, which are all attached hereto as Exhibit “A.”
SECTION 4. Notice of Adoption. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

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Packet Pg. 825 Attachment: Attachment 1 - Ordinance MC-1579 Ordinance Adopting Police Department Policy 705 (Military Equipment Policy) (8955 : Adopt Ordinance MC-1579
SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

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

John Valdivia, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Packet Pg. 826 Attachment: Attachment 1 - Ordinance MC-1579 Ordinance Adopting Police Department Policy 705 (Military Equipment Policy) (8955 : Adopt Ordinance MC-1579

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 Ordinance No. MC-1579, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 4
th day of May, 2022 Ordinance No. MC-1579 was approved and adopted at a regular meeting held the XX day of , 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.

Genoveva Rocha, CMC, City Clerk

23.a
Packet Pg. 827 Attachment: Attachment 1 - Ordinance MC-1579 Ordinance Adopting Police Department Policy 705 (Military Equipment Policy) (8955 : Adopt 1 San Bernardino Police Department
SBPD Policy Manual
Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy (“Policy”) is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Bill 481 (“AB 481”). (California Government Code § 7070 et seq.)
705.1.1 DEFINITIONS
Definitions related to this policy (“Policy”) include those provided in Government Code section 7070, and as follows:

1. Governing body – The City of San Bernardino City Council (“City Council”).

2. Military equipment – As defined in Government Code section 7070, Subsections (c)(1) through (c)(16). 705.1.2 MILITARY EQUIPMENT USE POLICY CONSIDERATIONS

1. The military equipment acquired or sought by the San Bernardino Police Department (“Department”):

(a) Is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(b) Is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(c) Will safeguard the public’s welfare, safety, civil rights, and civil liberties.

2. Military equipment shall only be used by Department personnel only after applicable training, including any course required by the Commission on Peace Officer Standards and Training has been completed, unless exigent circumstances arise.
705.2 POLICY
Pursuant to California Government Code section 7070, the Department will maintain a copy of the Policy on its website as long as the equipment is in use. It is the Policy of the Department that members of this Department will comply with the provisions of Government Code section 7071 with respect to military equipment.
705.3 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the Policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed Policy is submitted to the City Council and is available on the Department website at least thirty (30) days prior to any public hearing concerning the military equipment at issue.

Policy
705

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Packet Pg. 828 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 2 The Policy must be approved by the City Council prior to engaging in any of the following:
a) Requesting military equipment made available pursuant to 10 USC § 2576(a). b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, federal funds, in-kind donations, or other donations or transfers. c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department.
e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. g) Acquiring military equipment through any means not provided above. 705.4 CATALOGING OF MILITARY USE EQUIPMENT
All military use equipment kept and maintained by the Department shall be catalogued in a way which addresses each of the following requirements:

1. Description of each type of military equipment;

2. Quantity sought;

3. Capabilities of the equipment;

4. The expected lifespan of the equipment;

5. The purpose and authorized uses for which the Department proposes to use each type of equipment;

6. The fiscal impact of the equipment, both initially and for ongoing maintenance; and

7. Training including courses required by the Commission on Peace Officer Standards and Training. 705.5 MILITARY EQUIPMENT COORDINATOR
The Chief of Police will designate a member of this Department to act as the military equipment coordinator.

The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this Policy. (b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all military equipment annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Department.
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting; and

2. Preparing for public questions regarding the Department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring the report is made available on the Department website. (g) Establishing a procedure for a person to register a complaint or concern, or how that person may submit a question regarding the use of military equipment, and how the Department will respond

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Packet Pg. 829 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 3 in a timely manner.
705.6 ANNUAL REPORTING AND COMMUNITY ENGAGEMENT
The Chief of Police or authorized designee shall submit an annual military equipment report to the City Council that addresses each type of military equipment possessed by the Department.

1. The Department shall also make each annual military equipment report publicly available on its Internet website for as long as the military equipment is available for use.

2. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a) A summary of how the military equipment was used and the purpose of its use. b) A summary of any complaints or concerns received concerning the military equipment. c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following the submission of the annual military equipment report.
e) The quantity possessed for each type of military equipment. f) If the Department intends to acquire additional military equipment in the next year and the quantity sought for each type of military equipment.

3. Within thirty (30) days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Department’s funding, acquisition, or use of military equipment. 705.7 ADDRESSING COMPLAINTS AND CONCERNS RELATED TO MILITARY EQUIPMENT Pursuant to California Government Code section 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of specific military equipment in this policy by any of the following
means:

1. Via email to: [email protected]

2. Via phone call to: (909) 384-5742

3. Via mail sent to: San Bernardino Police Department
Attn: Military Equipment Coordinator
710 N. D Street San Bernardino, CA 92401
705.8 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use in accordance with Department policy. Military equipment used by other jurisdictions during mutual aid requests, collaborations, and while conducting operations within this jurisdiction, should comply with their respective military equipment use policies.
705.9 MAINTENANCE OF MILITARY EQUIPMENT SUPPLIES
Based on fluctuating Department responses throughout the year, coupled with ongoing training, stocks of military equipment will be maintained to ensure operational readiness for critical incidents and other significant public safety concerns.

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Packet Pg. 830 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 4 705.10 COMPLIANCE
Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this Policy may result in criminal or administrative investigations, or action.
705.11 SBPD EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment owned, sought, or utilized by the Department:

1. Robots
a. Description, capabilities, and purchase cost:

I. Recon Robotics-Throwbot. This equipment is an unmanned, battery powered, remote operated device. The light-duty robot is equipped with a camera and can be remotely operated from hundreds of feet away, providing protection and safety to the operator.

Its stair climbing ability and overall maneuverability allows the robot to search condensed areas. This equipment is generally used during high-risk incidents. Use is limited to members of the Department who have received training. Incidents that may qualify for its use include, but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk.

Cameras can also help determine if a suspect is armed and can also identify other subjects inside the location in need of assistance, or immediate medical attention.

Cost: $16,000.

II. iRobot Packbot. The iRobot Packbot is like the Throwbot, but is a larger, heavy-duty machine, which is also remotely operated. Cost: $30,000.

III. Transcend Tactical-Vantage Patrol Robot. Similar capabilities as the iRobot Packbot.

Cost: $25,500.
b. Purpose:

To be used to remotely gain visual/audio data, deliver CNT phone, open doors, disrupt packages, and clear buildings.
c. Authorized Use:

Only assigned personnel who have completed the required training shall be permitted to operate the robot. The SWAT team provides internal training for staff. Use is established by the Incident Commander, Watch Commander, or SWAT Supervisor. d. Expected Lifespan:
8-10 years
e. Fiscal Impact:

Estimated annual maintenance cost is approximately $500. f. Legal and Procedural Rules:

It is the policy of the Department to utilize robots for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

2. Unmanned Aerial Vehicles (“UAV”)
a. Description, capabilities, and purchase cost:

I. DJI Mavic 2 Enterprise. This miniature UAV is a battery-powered, remote- operated device that weighs approximately 249 grams and can record video and audio with approximately 30 minutes of flight time depending on weather and flight conditions.

The UAV allows operators to view a live feed or take still photographs from mounted cameras. Cost: $2,500.

II. DJI Phantom 4 2.0. This UAV is a battery-powered, remote-operated device that weighs approximately 899 grams. It is equipped with an inferred camera with

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Packet Pg. 831 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 5 recording capability, a spotlight, and an audible speaker with approximately 30 minutes of flight time depending on weather and flight conditions. Cost: $2,200.

III. AARDVARK-Loki-MK2-UAVSDS-EU. This UAV is a battery-powered, remoteoperated device that weighs approximately 508 grams. It is intended for close quarter, indoor and outdoor tactical scouting missions, and features a highly sensitive NightDay + IR sensor camera giving it the ability to fly and see in complete darkness. It has a rapid deploy feature which can be hand thrown, for exigent circumstances requiring a quick deployment. The UAV can record video and audio for up to six hours when perched and has approximately 60 minutes of flight time depending on weather and flight conditions. Cost: $9,500.
b. Purpose:

UAVs may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

I. Major traffic collision investigations;
II. Search and rescue operations;
III. Suspect apprehension;
IV. Natural disaster management;
V. Crime scene photography;
VI. Hazard monitoring;
VII. Tactical or other public safety and life preservation missions; VIII. In response to specific requests from local, state, and federal fire; authorities for fire response and/or prevention;
IX. Crisis communications; and
X. Legally authorized surveillance.
c. Authorized Use:

Only assigned personnel who have completed the required training shall be permitted to operate the UAVs during approved missions. All UAV operators are licensed by the Federal Aviation Administration for UAV operation. Prior to piloting any UAV, personnel must secure a FAA Remote Pilot License and complete all training required by our FAA COA.
d. Expected Lifespan:
5 years
e. Fiscal Impact:

Estimated annual maintenance and battery replacement cost is approximately $1,200. f. Legal and Procedural Rules:

Use is established under Department Policy Manual Section 319. Any use of UAVs will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAVs potentially involves privacy considerations. Operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy. Operators and observers should take reasonable precautions to maintain privacy when operating UAVs. Reasonable precautions can include deactivating or turning imaging devices away from such areas or persons during UAV operation.

3. Armored Rescue Vehicles
a. Description, capabilities, and purchase cost:
2010 Lenco Armored Rescue Vehicle (“ARV”). The ARV is designed to provide ballistic protection during tactical events (designed to withstand various projectiles, low-level explosions, and provides greater safety for citizens and officers beyond the protection of a

23.b
Packet Pg. 832 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 6 shield or body armor). The ARV is equipped with nuclear/radiological detection devices, self-contained breathing apparatus, and explosive gas detection devices. The ARV is also equipped with emergency lights/siren and a public address system. Common uses for the ARV include citizen and officer rescues, evacuations, deployment of officers during tactical situations, riots, vehicle borne interventions, and in the event of an active shooter or similar emergency. The ARV is currently deployed at large events in the City of San Bernardino, generally out of public view for potential rescue operations. The ARV is a regional mutualaid asset that can be requested, deployed to, and utilized by allied agencies in the region.

The asset was obtained via federal grant. Cost: $306,175. b. Purpose:

To be used for rescues to enhance officer and community safety, improve scene containment, stabilization, transport personnel during tactical operations, and assist in resolving critical incidents.
c. Authorized Use:

The deployment of the ARV is based on specific circumstances of a given incident or tactical operation. The ARV should only be operated by personnel familiar with the equipment unless exigent circumstances arise.
d. Expected Lifespan:
20-25 years.
e. Fiscal Impact:

Estimated annual maintenance cost is approximately $1,500. f. Legal and Procedural Rules:

It is the policy of the Department to utilize armored rescue vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

4. Mobile Incident Command and Control Vehicles (“Mobile Command Post”) a. Description, capabilities, and purchase cost:
2001 BlueBird custom-built vehicle. The vehicle is a two-axle busstyle vehicle with a front door and a rear door. It is painted black and white with police graphics affixed to the body.

The equipment housed in the vehicle includes, but is not limited to, mobile data computer consoles, communications accessories, cables, charging stations, auxiliary power, lighting, miscellaneous office supplies, tabletops, chairs, and other miscellaneous storage. The vehicle is capable of being used as a mobile operation command post and dispatch center and is equipped with a restroom for long operations in remote areas. The vehicle is also capable of transporting personnel and equipment. The mobile command vehicle is used as an auxiliary command vehicle during major incidents. The asset was obtained via a CLETEP grant from the Office of Criminal Justice Planning. Cost: $242,000. b. Purpose:

To be utilized for critical incidents and large-scale events. c. Authorized Use:

This mobile incident command and control vehicle will used by police personnel who have been properly trained in the safe handling of the vehicle. The driver of this vehicle shall have a valid commercial driver’s license.
d. Expected Lifespan:
25 years.
e. Fiscal Impact:

Annual maintenance cost of approximately $2000
f. Legal and Procedural Rules:

It is the policy of the Department to use mobile incident command and control vehicles for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

5. Mobile Incident Command and Control Vehicles (“RIMA”)

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Packet Pg. 833 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 7 a. Description, capabilities, and purchase cost:
2019 Freightliner Chassis custom-built vehicle (Regional Incident Management Apparatus). The vehicle is primarily used by the Crisis Negotiation Team (“CNT”). It can operate as a mobile command dispatch center during natural disasters, large-scale operations, and community events. The equipment housed in the vehicle includes, but is not limited to, mobile data computer consoles, communications accessories, cables, charging stations, auxiliary power, lighting, CNT throw phones and associated equipment, office supplies, tabletops, chairs, and other miscellaneous storage. The vehicle is a regional mutual-aid asset that can be requested and utilized by allied agencies in the region. The asset was obtained via UASl grant. Cost: $334,000. b. Purpose:

To be used during critical incidents, large operations, natural disasters, or community events. c. Authorized Use:

This mobile incident command and control vehicle will used by police personnel who have been properly trained in the safe handling of the vehicle. The driver of this vehicle shall have a valid a driver’s license.
d. Expected Lifespan:
20 years
e. Fiscal Impact:

Estimated annual maintenance cost is approximately $1,500 f. Legal and Procedural Rules:

It is the policy of the Department to use mobile incident command and control vehicles for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

6. Mobile Incident Command and Control Vehicles (“SWAT VAN”) a. Description, capabilities, and purchase cost:
2008 Freightliner Chassis Utility Master custom built vehicle by Braun Northwest. This vehicle is primarily used by the Special Weapons and Tactics team (“SWAT”). The vehicle is used to transport SWAT personnel and equipment. The equipment housed in this vehicle includes, but is not limited to, manual breaching tools, weapons, ammunition, robots, unmanned aerial vehicles, less lethal launchers and munitions, tear gas, water, lighting, and a power generator. The asset was obtained via Homeland Security grant funds. Cost:
$132,964.
b. Purpose:

To be utilized for critical incident callouts.
c. Authorized Use:

This mobile incident command and control vehicle will used by police personnel who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid driver’s license.
d. Expected Lifespan:
20 years
e. Fiscal Impact:

Estimated annual maintenance cost is approximately $1,500 f. Legal and Procedural Rules:

It is the policy of the Department to use mobile incident command and control vehicles for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

7. Specialized Firearms and Ammunition
a. Description, capabilities, and purchase cost:

23.b
Packet Pg. 834 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 8 I. Beretta Tikka T3X TAC A1, .308 WIN, bolt action sniper rifle with magnified scope. The rifle does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks. Cost: $1,395.

II. Hornady TAP (Tactical Action Police), .308 WIN, 168 grain sniper rifle ammunition. Cost: $6,250.

III. Hornady TAP (Tactical Action Police), .308 WIN, 165 grain GMX sniper rifle ammunition heavy barrier penetrator. Cost: $1,140.
b. Purpose:

To be used as precision weapons, at greater distances, with additional accuracy and performance. The rifle(s) gives the operator more effective options in addressing the increasing level of firepower and body armor used by criminal suspects. c. Authorized Use:

Beretta Tikka T3X TAC A1, .308 WIN, bolt action sniper rifle is reserved for qualified SWAT personnel who have completed a POST basic sniper course, followed by monthly competency training and function testing. Officers may deploy the rifles in any circumstances where the officer can articulate a reasonable expectation that the rifle may be needed.

Examples of general guidelines for deploying rifles may include but are not limited to:

I. Situations where the officer reasonably anticipates and armed encounter II. When an officer is faced with a situation that may require accurate and effective fire at long-range
III. Situations when officer reasonably expects the need to meet or exceed a suspect’s firepower
IV. When an officer reasonably believes there may be a need to fire on a barricaded person or a person with a hostage
V. When an officer reasonably believes that a suspect may be wearing body armor
VI. When authorized or request by supervisor
d. Expected Lifespan:

I. Beretta Tikka T3X TAC A1, .308 bolt action sniper rifle – No expiration II. Hornady TAP .308 WIN, 168 grain – No expiration
III. Hornady TAP .308 WIN, 165 grain GMX – No expiration e. Fiscal Impact:

I. Rifles – Annual maintenance costs are estimated between $1,000 to $3,000. Most maintenance is performed by Department staff.

II. The ongoing costs for ammunition will vary depending on usage, inventory, and market price based on current demand/availability. f. Legal and Procedural Rules:

Use is established under the Department Policy Manual Section 432. It is the policy of the Department to utilize rifles and associated ammunition only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

8. Diversionary Devices
a. Description, capabilities, and purchase cost:

A Noise Flash Diversionary Devices (NFDD), or Light Sound Diversionary Device (LSDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. They are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescues, room entry, or

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Packet Pg. 835 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 9 other high-risk arrest situations. Diversionary devices produce atmospheric over-pressure and brilliant white light, which as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

I. Defense Technology, 8925 multi-port, multi-bang diversionary device. Cost: $52.

II. Combined Tactical Systems, 7290M, mini diversionary device. The mini exhibits all the same attributes of the 8925 but comes in a smaller, lighter package. Cost: $49, quantity: (50).

III. Defense Technology, 8933, single-port diversionary device. Cost: $62. b. Authorized Use:

Only officers who have completed divisionary device training that is conducted by a POST certified instructor will be authorized to deploy these devices.

Diversionary Devices are generally used:

I. In hostage and barricaded subject situations.

II. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.

III. During other high-risk situations where their use would enhance officer safety.

IV. To produce humane fright for potentially dangerous animals encountered. c. Expected Lifespan:

I. 8925 – 5 years
II. 7290 – 5 years
III. 8933 – 5 years
d. Fiscal Impact:

I. No annual maintenance. Costs for diversionary devices will vary depending on usage and inventory. Estimated cost is generally between $500-$3,000 annually.
e. Legal and Procedural Rules:

It is the policy of the Department to utilize diversionary devices only for official law enforcement purposes, and pursuant to State and Federal law.

9. Tear Gas
a. Description, capabilities, and purchase cost:

Chemical agent munitions and canisters, which are commonly referred to as “tear gas”.

The Department deploys two chemical agents which are used by law enforcement agencies across the United States: CS (2-hlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum).

CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow).

OC was deregulated in California in 1996 and is available to civilians to legally possess (2.5 oz or less). OC is an inflammatory agent which causes temporary involuntary closure of eyes and respiratory inflammation which generally subsides after several minutes.

I. 1026 – Defense Technology, Tripple-Chaser Separating Canister CS. The Triple-Chaser CS Canister consists of three separate canisters pressed together with ability to separate when deployed. When deployed, the canisters separate and land approximately (20) feet apart, allowing increased area

23.b
Packet Pg. 836 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 10 coverage in a short period of time. The canister can be hand deployed or launched from a delivery system. The canister is (6.5) inches by (2.7) inches and holds approximately (92) grams of agent. The device has an approximate burn time of (20) to (30) seconds. Cost: $52.00.

II. 1072 – Defense Technology, Spede-Heat, Continuous Discharge Canister. The Spede-Heat CS Canister is a high-volume continuous burn device and expels the agent for approximately 20-40 seconds. The agent is dispersed through four ports on top of the canister, three on the side, and one on the bottom. The device can be hand deployed or launched and measures (6.12) inches by (2.62) inches. The canister holds approximately (81.2) grams of agent. Cost: $33.00.

III. 1092 – Defense Technology, Han-Ball, CS. The Han-Ball CS is an outdoor use device expelling the agent in approximately 15-20 seconds. The rubber ball device has an overall size of (4.8) inches tall (including the fuze head) and a diameter of (3.1) inches. The device holds approximately (45.4) grams of agent which is expelled through three ports around the equator of the ball. Cost: $40.00 quantity:
(100).

IV. 1087– Defense Technology, Stinger, Rubber Balls. The Stinger Rubber Balls device delivers three stimuli for psychological and physiological effects: rubber balls, light, and sound. The device is used to deliver .60 caliber rubber balls with the stimuli of bright light and sound. It is widely used as a riotous crowd management tool by law enforcement and corrections. The device has an initial (1.5) second delay that initiates a fuse assembly separation, followed by another (0.5) second delay before the function of the device. Cost: $53.00, quantity: (100).

V. 1088 – Defense Technology, Stinger, CS. The Stinger CS device delivers four stimuli for psychological and physiological effects: rubber balls, light, sound, and CS.

The device is used to deliver .60 caliber rubber balls with the stimuli of light, sound, and agent. It is widely used as a riotous crowd management tool by law enforcement and corrections. The device has an initial (1.5) second delay that initiates a fuse assembly separation, followed by another (0.5) second delay before the function of the device. The device holds approximately (2) grams of agent.

Cost: $56.00.

VI. 2042 – Defense Technology, Flameless Expulsion, CS. The Flameless Expulsion, CS is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without the risk of fire. It is safe to use indoors, and the contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. The device measures approximately (7.5) inches by (1.65) inches and delivers approximately (4.5) grams of agent during its three second discharge time. Cost: $49.00, quantity: (50).

VII. 2040 – Defense Technology, Flameless Expulsion, OC. The Flameless Expulsion, OC is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without the risk of fire. It is safe to use indoors, and the contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. The device measures approximately (7.5) inches by (1.65) inches and delivers approximately (4.5) grams of agent during its three second discharge time. Cost: $50.00, quantity: (30).

VIII. 1083 – Defense Technology, Military-Style Maximum HC, Smoke Canister. The Military-Style Maximum HC Smoke Canister is a slow burning, high volume,

23.b
Packet Pg. 837 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 11 continuous discharge device designed for outdoor use to signal, obscure, distract, direct movement, and carry other chemical agent through the air. The steel canister emits grey-white smoke for approximately (1.5) to (2) minutes. Cost: $39.00.

IX. 1073 – Defense Technology, Large Style Maximum HC Smoke. Like the 1083 Military-Style Maximum HC Smoke Canister except for the steel canister and slight size difference. The Large-Style Maximum HC Smoke Canister is a slow burning, high volume, continuous discharge device designed for outdoor use to signal, obscure, distract, direct movement, and carry other chemical agent through the air.

The canister emits grey-white smoke for approximately (1.5) to (2) minutes. Cost:
$42.00.

X. 1262 – Defense Technology, Ferret 40mm Round, CS Liquid. The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small amount of agent inside of a structure or vehicle.

The round is used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous individuals. The round contains (8) grams of agent. Cost: $25.00.

XI. 2262 – Defense Technology, Ferret 40mm Round, CS Liquid barricade penetrator.

The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small amount of agent inside of a structure or vehicle. The round is used to dislodge barricaded subjects from confined areas.

Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous individuals. The round contains (8) grams of agent. Cost: $25.00.

XII. 5230B – Combined Tactical Systems, Baffled CS Canister. The Baffled CS Cannister is a continuous burning device which delivers approximately (23.5) grams of agent and measures (6.2) inches in length and (2.6) inches in diameter. The device is designed for indoor use and can deliver agent throughout multiple rooms with minimal risk of fire. The canister can be launched or hand deployed. The device is commonly used by tactical teams to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous individuals. Cost: $50.00.

XIII. 1210 – The 12-Gauge Muzzle Bang/Launching Cartridge incorporates an opaque shell and uses black powder as the propellant. It can be used alone as a muzzle bang for crowd management but is primarily used to launch chemical agents when paired with a 12-gauge less lethal shotgun and Combined Tactical Systems launching cup. Cost: $7.00.
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include,but are not limited to:

I. Self-destructive, dangerous and/or combative individuals II. Riotous crowd control
III. Barricaded and/or armed individuals
IV. Circumstances where a tactical advantage can be obtained

23.b
Packet Pg. 838 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 12 V. Potentially vicious animals
c. Authorized Use:

Only officers who have received POST certification in the use chemical agents are authorized to deploy chemical agents.
d. Expected Lifespan:

I. 1026 – 5 years
II. 1072 – 5 years
III. 1092 – 5 years
IV. 1087 – 5 years
V. 1088 – 5 years
VI. 2042 – 5 years
VII. 2040 – 5 years
VIII. 1083 – 5 years
IX. 1073 – 5 years
X. 1262 – 5 years
XI. 2262 – 5 years
XII. 5230B– 5 years
XIII. 1210 – 5 years
e. Fiscal Impact:

No annual maintenance. Annual costs vary significantly depending on usage and inventory. f. Legal and Procedural Rules:

Use is established under Department Policy Manual Section 308. They are to be used as an intermediate level of force.

10. Projectile Launch platforms and associated munitions (PepperBall Launching System) a. Description, capabilities, and purchase cost:

A less lethal launcher system that uses high pressure air to deliver projectiles (similar to a paintball delivery system). The system is designed to assist law enforcement in a variety of encounters. The PepperBall launching system can provide effective results from distances up to 150 feet. The Pepperball launcher provides a lightweight modular option for law enforcement, while also providing a multiple feeding system for different styles of deployment and encounters. This less lethal option allows law enforcement officers to deliver chemical agents and kinetic energy impacts to suspects in a potentially violent encounter. It is a deescalation tool used to minimize injuries and reduce the chance of lethal encounters. The range of the launching system creates a barrier between officers and dangerous individuals, reducing the immediacy of the threat, which is a principal of de-escalation.

I. Tippman PepperBall launching system, TX model. Cost: $591.

II. PepperBall Live-X projectile. Cost: $244/375 rds.

III. PepperBall Inert projectile. Cost: $323/375rds.
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. To provide law enforcement with a less lethal option to assist in resolving critical incidents. Situations for use of the less lethal weapon systems may include but are not limited to:

I. Self-destructive, dangerous and/or combative individuals.

II. Riotous crowd control
III. Circumstances where a tactical advantage can be obtained.

IV. Potentially vicious animals.

23.b
Packet Pg. 839 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 13 c. Authorized Use:

Only personnel certified as having completed department-approved training on the use of PepperBall launching systems will be allowed to deploy the system. d. Expected Lifespan:

I. PepperBall Launcher: No expiration
II. Live-X Projectile: 3 years
III. Inert Projectile: 3 years
e. Fiscal Impact:

I. PepperBall Launcher: Estimated between $0 and $100 annually II. Live-X Projectile: Estimated between $0 and $500 annually III. Inert Projectile: Estimated between $0 and $325 annually Legal and Procedural Rules:

Use is established under Department Policy Manual Section 308.7.2. It is the policy of the Department to utilize PepperBall launching systems only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

11. Projectile Launch platforms and associated munitions (40mm system, 12-Guage less lethal shotgun) a. Description, capabilities, and purchase cost:
40mm and 12-Guage launching systems are less lethal options which allow law enforcement officers to deliver chemical agents and kinetic energy impacts to suspects in a potentially violent encounter. It is a de-escalation tool used to minimize injuries and reduce the chance of lethal encounters. The range of the launching system creates a barrier between officers and the suspect, reducing the immediacy of the threat, which is a principal of de-escalation.

I. Defense Technology, 40mm, single-shot launcher, #1425. The 40mm less lethal launching system uses smokeless powder to deliver 40mm projectiles from a safe distance. Cost: $1,000.

II. Defense Technology, 40mm, tactical multi-shot launcher, #1440. The launcher is a low profile and lightweight system which provides multi-shot capability. Cost:
$1,975.

III. Penn Arms 40mm, multi-shot launcher, pump advance version, PGL65, double action, 6-shot capability with an adjustable stock. Cost: $2,250.

IV. Defense Technology, 40mm Exact Impact sponge munition, #6325. A less lethal lightweight plastic and foam projectile fired from a single or multi-shot 40mm launcher. The 30-gram foam projectile delivers 120 foot-pounds of energy on impact at 325 feet per second. The munition provides accurate and effective performance when fired from the approved distances (no less than 5 feet and up to 130 feet from the target). Cost: $18.

V. Remington 870 less lethal shotgun. The dedicated less lethal lunching system with an easily identifiable bright orange stock, used to deploy a 12-gauge drag stabilized beanbag munitions up to 75 feet. Cost: $946.

VI. Defense Technology 12-Guage Drag Stabilized beanbag munition #3027. A less lethal 2.4 inch, 12-gauge shotgun munition, firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270 to 290 feet per second. Cost: $5. b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

23.b
Packet Pg. 840 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 14 c. Authorized Use:
40mm and 12-Gauge less lethal shotgun launching systems are authorized for use by police personnel who have completed the required Department training. Situations for use of the less lethal weapon systems may include, but are notlimited to:

I. Self-destructive, dangerous and/or combative individuals II. Riotous crowd control
III. Circumstances where a tactical advantage can be obtained IV. Potentially vicious animals
d. Expected Lifespan:

I. 40mm Launcher #1425: No expiration
II. 40mm Launcher #1440: No expiration
III. 40mm Sponge Round #6325: 5 years
IV. Remington 870 dedicated less lethal shotgun: No expiration V. Defense Technology 12-Gauage drag stabilized beanbag: No expiration e. Fiscal Impact:

I. 40mm Launchers: Estimated maintenance between $0 and $500 annually II. 40mm #6325 Sponge Round: Estimated between $0 and $1,000 annually III. Remington 870 dedicated less lethal shotgun: Estimated maintenance between $500 and $1,500 annually
IV. Defense Technology 12-Gauage drag stabilized beanbag: Estimated between $0 and $1,500 annually
f. Legal and Procedural Rules:

Use of kinetic energy projectiles and chemical agents is established under Department Policy Manual Section 308. It is the policy of the Department to utilize kinetic energy projectiles for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

12. Long Range Acoustic Device (LRAD)
a. Description, capabilities, and purchase cost:

A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

I. LRAD 100x Mag- HS Wireless Kit. Self-contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD 100X ensures voice messages are clearly heard and understood. LRAD’s optimized driver, waveguide, and power efficiency technologies enable the LRAD 100X to provide several hours of clear, continuous communication from a single battery charge. Cost: $16,455.

II. LRAD 300x-RE. A long, medium, and near-range acoustic hailing device to warn and communicate to crowds, individuals, and potential vehicle/vessel threats over distances up to 3,000 meters. These acoustic devices broadcast warnings and can determine the intent of potential threats. Cost: $12,000.

III. LRAD 500x-RE. A compact, lightweight LRAD designed for applications ranging from fixed security installations to mid-sized vehicles and vessels, the LRAD 500X-RE easily mounts and transports to provide law enforcement personnel unparalleled long-range communication and safe, scalable non-kinetic escalation of force. Cost: $9,500. b. Purpose:

To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects, K9 deployments, etc.).

The LRAD may also be used to issue a warning tone.
c. Authorized Use:

The LRAD should only be used by officers trained in its deployment.

23.b
Packet Pg. 841 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 15 d. Expected Lifespan:
25 years
e. Fiscal Impact:

No annual maintenance
f. Legal and Procedural Rules:

Use of the LRAD is for official law enforcement purposes and will be used according to applicable State and Federal law.

13. Explosive Breaching Tools
a. Description, capabilities, and purchase cost:

Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive breaching effectively reduces the time spent overcoming fortified gates, doors, locks, and structures. The reduction in time in mitigating a hardened structure increases officer safety during high-risk operations and increases the safety of civilians during hostage rescue situations.

I. Remington 870 Express, 12-guage breaching shotgun. The system is a lightweight, tube fed, pump operated, shoulder fired weapon. It has a 15-inch breaching barrel and is used exclusively for breaching applications. Cost: $1,000.

II. Defense Technology, TKO 12-guage breaching munitions. The 12-Gauge shell is loaded with a compressed zinc slug and utilizes smokeless power as the propellant.

The round is used for defeating door lock mechanisms, doorknobs, hinges, dead bolts, safety chains, and pad locks. Upon impact the zinc slug disintegrates into a fine powder eliminating fragmentation. Cost: $7.00.

III. Royal Arms, MB-70S, 12-guage, muzzle blast, flash bang soft. The 12-Gauge shell loaded with light media powder and no hard wads. The round can be used for less lethal / diversionary applications and is 170 db. The round is also used for breaching windows, sliding glass doors, vehicle windows, light wooden doors, and interior doors.

Cost: $6.00, quantity: (100).

IV. Royal Arms, FB-82H, 12-guage, 82 grain flash, flash bang hard. The12-Gauge shell loaded with compressed powder and two hard fiber wads. The round can be used for diversionary applications and is 185 db. The round is also used for breaching solid wood doors, light steel doors, sliding glass doors, vehicle windows, and can be used in crawl spaces. Cost: $5.00, quantity: (100).

V. Royal Arms, TESAR-5, blue cap, 500 grain, copper frangible. The 12-Gauge 500 grain round is loaded with a copper powder slug. The round can be used to breach metal doors, heavy locks, cross bolts, and heavy hinges (steel doors on steel frames). The round has an average velocity of 1450 feet per second (FPS). Cost: $6.00, quantity:
(100).

VI. Royal Arms, TESAR-4, yellow cap, 750 grain, copper frangible. The 12-Gauge 750 grain round is loaded with copper and S-70 steel shot. The round can be used to breach heavy class 3 steel doors, heavy locks, and heavy hinges. The round has an average velocity of 1285 feet per second (FPS). Cost: $6.00, quantity: (100).

VII.Royal Arms, TESAR-2, black cap, 425 grain, copper frangible. The 12-Gauge 425 grain round is loaded with a copper powder slug. The round can be used to breach metal doors, solid oak doors, heavy locks, dead bolts, and hinges. The round has an average velocity of 1525 feet per second (FPS). Cost: $5.00, quantity: (100).

VIII. Royal Arms, TESAR-1, orange cap, 275 grain, copper frangible. The 12-Gauge 275

23.b
Packet Pg. 842 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 16 grain round is loaded with a compressed copper frangible slug. The round can be used to breach solid wood doors, hollow wood doors, locks, and hinges. The round has an average velocity of 1750 feet per second (FPS). Cost: $5.00, quantity: (100) IX. Royal Arms, HP cutter, 12-guage, hollow point, rebar cutter. The 12-gauge 450 grain round is loaded with a hardened chromoly steel slug. The round can be used to cut rebar, penetrate security glass, penetrate vehicle doors, and disable vehicle engine blocks. The round has an average velocity of 1400 feet per second (FPS). Cost:
$6.00, quantity: (100).
b. Purpose:

To expedite entry into fortified structures, locations, and vehicles. The breaching shotgun in conjunction with a breaching round is designed to gain entry quickly and safely in most cases during a search, arrest, or rescue.
c. Authorized Use:

Use of breaching munitions are authorized for use by SWAT personnel who have completed the required Department training.
d. Expected Lifespan:

I. Remington 870 Express breaching shotgun – No expiration II. All breaching ammunition – 5 years
e. Fiscal Impact:

Annual maintenance for the shotgun is completed by Department staff at an estimated cost of $0 to $100.
f. Legal and Procedural Rules:

It is the policy of the Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

23.b
Packet Pg. 843 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt

Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 18, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Resolution Approving Agreement W/San Bernardino County to Provide HHW Collection Service (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2022-101, approving an agreement with the San Bernardino County Fire Protection District Pursuant to Section 3.04.010 B-3 of the Municipal Code for Household Hazardous Waste Collection Service and Sharps Collection Service to the City; and

2. Authorizing the Director of Finance to issue a Purchase Order to the San Bernardino County Fire Protection District, in an annual amount not to exceed $368,000.

Background
The California Integrated Waste Management Act of 1989, as amended, (AB939) requires that cities and counties adopt a Household Hazardous Waste (HHW) Element which describes the proper management of HHW generated by residents within the jurisdiction and selects an appropriate program based on local conditions. The City is participating in the HHW program administered by the San Bernardino County Fire Department. This program provides a local drop-off center for residents to safely and conveniently dispose of HHW located at the San Bernardino International Airport. San Bernardino County Fire has provided HHW collection services to the City continuously since 1993.

Discussion
The City of San Bernardino is required to comply with the California Health and Safety Code, section 25218, which hereby finds and declares that all residential households that generate household hazardous waste in the State need an appropriate and economic means of disposing of the hazardous waste they generate. Counties and cities provide for the collection of household hazardous waste as a community service to ensure proper handling and disposal of the material to prevent the potential contamination of solid waste landfills. It is the shared responsibility of state and local 24 Packet Pg. 844
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agencies to ensure proper recycling and disposal of household hazardous waste.

The City is also required to comply with the Public Resources Code 41500. This code requires cities to prepare, adopt, and submit to their respective county agency, a household hazardous waste element which identifies a program for the safe collection, recycling, treatment, and disposal of hazardous wastes, that have been separated from the solid waste stream as defined in Section 25117 of the Health and Safety Code.

Pursuant to Public Resources Code Section 41502, the city household hazardous waste element may also include a program for the safe collection, treatment, and disposal of sharps waste generated by households.

The County has previously incorporated disposal of waste streams with no added cost to the existing contract. Those items include fluorescent lights, household batteries, microwaves, phones, DVD players, VCRs, stereos, printers, clothes irons, space heaters, and mercury thermometers. The County accepts pharmaceutical waste, such as prescription medicine, at no additional cost.

In addition to providing HHW collection services to the City at the permanent facility, the agreement also includes Sharps Collection and door-to-door collection of used sharps from City homebound residents. The cost for this service is included in the proposed agreement and no additional charges will be incurred for this service. 2021-2025 Key Strategic Targets and Goals
The request to authorize the issuance of a purchase order and execution of an Agreement with San Bernardino County Fire Protection District, aligns with Key Target No. 1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Providing Household Hazardous waste collection for residents ensures the City is not fined for noncompliance with Public resources Code 41500 and allows safe disposal of hazardous materials that can endanger public health and safety.

Fiscal Impact
This agreement will be for FY 22/23 through FY 26/27 in the amount of:

Fiscal Year Cost
2022/2023 $317,904.48
2023/2024 $328,236.37
2024/2025 $339,724.64
2025/2026 $352,464.31
2026/2027 $366,562.88*
*equation based on the population, per capita, and annual 3% increase that is based on the approximate rise in HHW management cost
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2022-101, approving an agreement with the San 24 Packet Pg. 845
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Bernardino County Fire Protection District Pursuant to Section 3.04.010 B-3 of the Municipal Code for Household Hazardous Waste Collection Service and Sharps Collection Service to the City; and

2. Authorizing the Director of Finance to issue a Purchase Order to the San Bernardino County Fire Protection District, in an annual amount not to exceed $368,000.

Attachments
Attachment 1 Resolution No. 2022-101
Attachment 2 Proposed Agreement with San Bernardino County Fire Protection District for HHW collection program
Attachment 3 Previous Agreement with San Bernardino County Fire Protection District for HHW collection program dated November 14, 2017 Attachment 4 Resolution No. 2017-150 Agreement with San Bernardino County to provide HHW Collection Service
Ward: All
Synopsis of Previous Council Actions:

March 4, 1992 Mayor and City Council adopted a Hazardous Waste Program.

August 18, 1993 Mayor and City Council adopted Resolution 93-318 approving an agreement with San Bernardino County to provide HHW Collection Service.

January 27, 1997 Mayor and City Council adopted Resolution 97-17 Approving an agreement with San Bernardino County to provide HHW Collection Service.

September 2, 1997 Mayor and City Council adopted Resolution 97-273 approving an agreement with San Bernardino County to provide HHW Collection Service.

October 16, 2000 Mayor and City Council adopted Resolution 2000-313 approving an agreement with San Bernardino County to provide HHW Collection Service.

November 18, 2002 Mayor and City Council adopted Resolution 2002-367 approving an agreement with San Bernardino County to provide HHW Collection Service.

July 17, 2007 Mayor and City Council adopted Resolution 2007-253 approving an agreement with San Bernardino County to provide HHW Collection Service.

June 4, 2012 Mayor and City Council adopted Resolution 2012-103 approving an 24 Packet Pg. 846
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agreement with San Bernardino County to provide HHW Collection Service
August 16, 2017 Mayor and City Council adopted Resolution 2017-150 approving an agreement with San Bernardino County to provide HHW Collection Service.
24 Packet Pg. 847
Resolution No. 2022-101
RESOLUTION NO. 2022-101

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH THE SAN BERNARDINO COUNTY

FIRE PROTECTION DISTRICT PURSUANT TO SECTION

3.04.010 B-3 OF THE MUNICIPAL CODE FOR

HOUSEHOLD HAZARDOUS WASTE COLLECTION

SERVICE AND SHARPS COLLECTION SERVICE TO THE
CITY; AND AUTHORIZING THE DIRECTOR OF FINANCE

TO ISSUE A PURCHASE ORDER TO THE SAN

BERNARDINO COUNTY FIRE PROTECTION DISTRICT,
IN AN ANNUAL AMOUNT NOT TO EXCEED $368,000
WHEREAS, the California Public Resources Code (Section 47000 et seq.) requires cities and counties to prepare a Household Hazardous Waste element which identifies a program for safe collection, recycling, treatment, and disposal of hazardous wastes generated by households in the City or county and which should be separated from the solid waste stream; and WHEREAS, San Bernardino County and each of the cities in the County have developed Household Hazardous Waste Elements (HHWE) which identify a county-wide cooperative program for the management of Household Hazardous Waste; and WHEREAS, the existing Household Hazardous Waste program operated by the District is consistent with the adopted HHWE; and
WHEREAS, the District’s Section of Hazardous materials, is a section of the District responsible for the safe management of hazardous waste; and WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of a fire, the prevention of potential environmental degradation and the conservation of resources through recycling.

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

SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City an Agreement between the City of San Bernardino and San Bernardino County Fire Department, a copy of which is attached hereto, marked Exhibit “A” and incorporated herein by reference as fully as though set forth at length. San Bernardino County Fire Department is selected to provide household hazardous waste collection service and sharps collection service to the City; pursuant to this determination the Director of Finance is hereby authorized to issue a purchase order to San Bernardino County Fire Department for a total amount

24.a
Packet Pg. 848 Attachment: Attachment 1 - Resolution No. 2022-101 Approving an Agreement and Issuance of a Purchase Order for San Bernardino County Resolution No. 2022-101
of $317,904.48 for FY 22/23; $328,236.37 for FY 23/24; $339,724.64 for FY 24/25; $352,464.31 for FY 25/26 and $366,562.88 for FY 26/27.

SECTION 2. This purchase order is exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010.B.3 of said Code, “Purchases approved by the Mayor and Common Council.”
SECTION 3. The Purchase Order shall reference this Resolution No. 2022-_______, and shall read, “San Bernardino County Fire Department, household hazardous waste collection services and sharps collection service to the City of San Bernardino.” The amount of the Purchase Order shall not exceed $317,904.48 for FY 22/23; $328,236.37 for FY 23/24; $339,724.64 for FY 24/25; $352,464.31 for FY 25/26 and $366,562.88 for FY 26/27.

SECTION 4. The authorization to execute the above referenced Agreement is rescinded if it is not executed by all parties within sixty (60) days of the passage of this resolution.

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

John Valdivia, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Packet Pg. 849 Attachment: Attachment 1 - Resolution No. 2022-101 Approving an Agreement and Issuance of a Purchase Order for San Bernardino County Resolution No. 2022-101

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. 2022-101, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 850 Attachment: Attachment 1 - Resolution No. 2022-101 Approving an Agreement and Issuance of a Purchase Order for San Bernardino County Standard Contract Page 1 of 7

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY San Bernardino County Fire
Protection District
Department Contract Representative Jose Rodriguez
Telephone Number (909) 382-5401
Contractor City of San Bernardino
Contractor Representative Leslie Graciano
Telephone Number (909) 384-5353 ext. 3260
Contract Term July 1, 2022 through June 30, 2027
Original Contract Amount $1,704,892.68
Amendment Amount
Total Contract Amount $1,704,892.68
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:

HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT
This Agreement is made and entered into between the San Bernardino County Fire Protection District, hereinafter referred to as “District” and the City of San Bernardino hereinafter referred to as the “City.” RECITALS:

WHEREAS, the California Public Resources Code (Section 47000 et seq.) requires cities and counties to prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are generated by households in the City or county and which should be separated from the solid waste stream; and, WHEREAS, San Bernardino County and each of the cities in the County have developed Household Hazardous Waste Elements (HHWE) which identify a county-wide cooperative program for the management of Household Hazardous Waste; and,
WHEREAS, the existing Household Hazardous Waste program operated by the District is consistent with the adopted HHWE; and,
WHEREAS, the District’s Section of Hazardous Materials, is a section of the District responsible for the safe Contract Number
SAP Number

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Packet Pg. 851 Attachment: Attachment 2 - Proposed Agreement with San Bernardino County Fire Protection District for HHW collection program 2022 (8893 :

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management of hazardous waste; and,
WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of potential environmental degradation and the conservation of resources through recycling.

NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows:

WITNESSETH:

RESPONSIBILITIES AND DUTIES OF THE CITY

1. The City shall publicize to its residents the need to properly reduce, recycle, store, transport and dispose of Household Hazardous Waste and inform its residents of the availability of nearby household hazardous waste collection facilities for safe management of household hazardous waste, in the manner and form recommended by District.

2. The City shall publicize to its residents the maximum quantities of hazardous waste allowed for transportation which are containers no larger than 5 gallons and maximum quantities of 15 gallons or 125 pounds per trip brought to a household hazardous waste collection facility per participant.

3. The City shall publicize to its small businesses that need to dispose of small quantities of hazardous waste to contact the District and make an appointment to use the Very Small Quantity Generator (VSQG) program for proper disposal.

4. The City shall publicize to its residents that home generated sharps containers shall only contain needles, lancets and syringes with a needle attached that must be completely spent (used and no liquid remaining, this includes EpiPens). The public may use 2 gallon or smaller heavy-duty plastic household containers as an alternative to plastic bio-hazard sharps containers. The container should be leak-resistant, remain upright during use and have a tight fitting, puncture-resistant lid, such as a plastic laundry detergent container. Containers consisting of glass, metal, cardboard or paper will not be accepted.

RESPONSIBILITIES AND DUTIES OF THE DISTRICT

5. The District shall continue to operate a comprehensive Household Hazardous Waste Program (Program) for the safe collection, recycling, treatment and disposal of household hazardous waste, including universal waste, Home-generated Sharps (HGS), and pharmaceutical waste excluding controlled substances. The District program shall be based on a Central Processing Facility and a regional network of collection centers sited so as to provide safe, convenient service to the public in a cost-effective manner.

6. The District shall assume responsibility for maintaining the necessary site permits and responsibility for the on-site management, transportation, recycling and disposal of the materials and waste collected at the District-operated collection facility site(s). The District-operated collection facility site(s) will be operated in accordance with the District’s Operations Manual. The District’s Operations Manual shall be consistent with all state and federal regulations applicable to Household Hazardous Waste facilities and amended as necessary.

7. The District will provide approved waste storage containers, meeting the specifications of the Department of Transportation for the disposal of hazardous waste and sufficient absorbent materials for “over packing” the waste containers. At the termination or expiration of this Agreement, all items provided by the District shall belong to the District, unless otherwise agreed upon in writing. The District will provide an Emergency Coordinator to offer support and assistance during Facility operating hours excluding County observed holidays.

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8. The District shall remove the household hazardous waste or independently contract with a licensed hazardous waste hauler to remove the accumulated wastes, monthly, and to recycle or dispose of household hazardous wastes at an approved facility at no additional cost to the City.

9. The District shall provide an annual report to the City, which shall include the amounts and types of waste collected, participation by jurisdiction, and final disposition of the waste. The report will be provided at no additional cost to the City.

10. The District shall compile and provide to the California Department of Resources Recycling and Recovery (CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Program Agency, the City’s Annual Form 303 Report. The reports will be provided at no additional cost to the City.

11. The District shall provide to the City, flyers/brochures/education material that shall be distributed by the City electronically. Hard copies will also be provided upon request, at no additional cost to the City.

12. The District shall charge any business that disposes of household hazardous waste the actual cost of disposal as indicated in District’s fee ordinance. For cities or community services districts that operate their own household hazardous waste collection facility, if business waste is accepted at any satellite facility, the city, town or community services district will be responsible for the disposal cost of the business waste.

13. The District shall provide an electronic biohazardous waste label to every participant that disposes of home generated sharps. As provided in Paragraph 4, the public may use 2 gallon or smaller heavy-duty plastic household containers such as a plastic laundry detergent container as an alternative to plastic bio-hazard sharps containers. The biohazardous waste label shall be placed on the rigid heavy-duty, puncture-resistant plastic container used to dispose of home generated sharps.

CONSIDERATION

14. In consideration for the services provided and except as otherwise provided in this Agreement, City shall pay the District the following amount not to exceed $1,704,892.68:

Fiscal Year Annual Amount Amount per quarter
2022/2023 $317,904.48 $79,476.12
2023/2024 $328,236.37 $82,059.09
2024/2025 $339,724.64 $84,931.16
2025/2026 $352,464.31 $88,116.07
2026/2027 $366,562.88 $91,640.72

15. Payments will be due on July 15, October 15, January 15, and April 15 of each year through the term of the contract.

TERM AND TERMINATION

16. This Agreement shall be effective July 1, 2022 and shall remain in effect through June 30, 2027, but may be renewed for specified periods, unless, otherwise terminated or amended.

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17. Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior written notice to the other party.

INSURANCE AND INDEMNIFICATION

18. City and District are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.

19. District agrees to indemnify, defend (with counsel reasonably approved by City) and hold harmless City and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Agreement by District, and/or its authorized officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of District and for any costs or expenses incurred by City on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The District’s indemnification obligation applies to City’s “active” as well as “passive” negligence but does not apply to City’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

City agrees to indemnify, defend (with counsel reasonably approved by District) and hold harmless District and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Agreement by City, and/or its authorized officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of City and for any costs or expenses incurred by District on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The City’s indemnification obligation applies to District’s “active” as well as “passive” negligence but does not apply to District’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

In the event District and/or City are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, District and/or City, as applicable, shall indemnify the other to the extent of its comparative fault.

Notwithstanding indemnification for any claim, action, loss, or damage involving a third party, District and City hereby waive any and all rights of subrogation recovery against each other.

Furthermore, if District or City attempts to seek recovery from the other for Workers’ Compensation benefits paid to an employee, District and City agree that any alleged negligence of the employee shall not be construed against the employer of that employee.

GENERAL TERMS AND CONDITIONS

20. Representation of the District. In the performance of the Agreement, City, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the District.

21. Change of Address. City shall notify the District in writing of any change in mailing address within ten (10) business days of the change.

22. Agreement Assignability. Without the prior written consent of the District, the agreement is not assignable by City, either in whole or in part.

23. Agreement Amendments. City agrees that any alterations, variations, modifications, waivers, or provisions of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the original Agreement and approved by the required persons of both City and District.

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24. Correction of Performance Deficiencies. Failure by City or District to comply with any of the provisions, covenants, requirements or conditions of this agreement shall be a material breach of this agreement.

In the event of a non-cured breach, either Party may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:

A. Afford the breaching Party, thereafter, a time period within which to cure the breach, which period shall be established at sole discretion of the other Party; and/or, B. Immediately terminate this Contract.

25. Attorneys Fees and Costs. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under Paragraph 19.

26. Venue and Governing Law. The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernardino County Superior Court. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third-party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County Superior Court. This contract shall be governed by the laws of the State of California.

27. Notification. In the event of a problem or potential problem that will impact the level of performance under this Agreement, the City shall notify the District within one (1) working day, in writing, by email and by telephone.

28. Former County and District Officials. City agrees to provide or has already provided information on former San Bernardino County and District administrative officials (as defined below) who are employed by or represent City. The information provided includes a list of former County and District administrative officials who terminated County or District employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of City. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Administrative Officer or member of such officer’s staff, County or District department or group head, assistant department or group head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit.

29. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement if a Party determines that the other Party has made a material misstatement or misrepresentation, or that materially inaccurate information has been provided, this Agreement may be immediately terminated. If the Agreement is terminated according to this provision, either Party is entitled to pursue any available legal remedies.

30. Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or further exercise thereof of any other power or right. No waiver by any party of any right hereunder or of any default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized official of such party; and no waiver of any default or failure by such party to exercise any right hereunder shall operate as a waiver of any other or further exercise of such right or of any further default.

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Packet Pg. 855 Attachment: Attachment 2 - Proposed Agreement with San Bernardino County Fire Protection District for HHW collection program 2022 (8893 :

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31. Severability. If any provisions of this agreement, or portions thereof, or the application thereof to any circumstances shall be held invalid or unenforceable, the remainder of this agreement and the application thereof to other circumstances shall nevertheless be valid.

32. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below:

DISTRICT: Monica Ronchetti
Deputy Fire Marshal/CUPA Manager
Household Hazardous Waste Section
2824 East “W” Street
San Bernardino, CA 92415-0799
[email protected]
(909) 386-8401
CITY: Leslie Graciano
Environmental Project Specialist
City of San Bernardino
290 N. “D” Street
San Bernardino, CA 92401
[email protected]
(909) 384-5353 x3260

33. Entire Agreement.

A. This agreement is intended by the parties hereto as a final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms hereof and supersedes any and all prior and contemporaneous agreements and understandings.

B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.

34. Counterparts.

This agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterpart shall together constitute one and the same agreement.

The parties shall be entitled to sign and transmit an electronic signature of this agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed agreement upon request.

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Packet Pg. 856 Attachment: Attachment 2 - Proposed Agreement with San Bernardino County Fire Protection District for HHW collection program 2022 (8893 :

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IN WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Secretary thereof, and City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the day, month and year written.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Scott Runyan, Principal Assistant County Counsel
Date Date Date

SAN BERNARDINO COUNTY FIRE PROTECTION

DISTRICT
(Print or type name of corporation, company, contractor, etc.) By
Curt Hagman, Chairman, Board of Directors (Authorized signature - sign in blue ink) Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell, Secretary (Print or Type)
By Dated:

Deputy
Address

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RESOLUTION NO. 2017- 150

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN

AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO SAN BERNARDINO COUNTY FIRE DEPARMENT PURSUANT TO SECTION 3. 04.010 ( B) ( 3) OF THE

MUNICIPAL CODE RELATED TO HOUSEHOLD HAZARDOUS WASTE

COLLECTION AND SHARPS COLLECTION SERVICES

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

SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City an Agreement between the City of San Bernardino and San Bernardino County Fire Department, a copy of which is attached hereto, marked Exhibit " A" and incorporated herein by reference as fully as though set forth at length.

SECTION 2. This purchase order is exempt from the formal contract procedures of Charter

3. 04 of the Municipal Code, pursuant to Section 3. 04.010 ( 13)( 3) of said Code, " Purchases approved by the Mayor and Common Council."
SECTION 3. The Purchase Order shall reference this Resolution and shall read, " San Bernardino County Fire Department, household hazardous waste collection services and sharps collection service to the City of San Bernardino." The amount of the Purchase Order shall not exceed 274,227.20 for FY 17/ 18.

SECTION 4. The authorization to execute the above referenced Agreement is rescinded ifit is not executed by all parties within sixty (60) days of the passage of this Resolution and return same to the Office of the City Clerk.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN

AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO SAN BERNARDINO COUNTY FIRE DEPARMENT PURSUANT TO SECTION 3. 04.010 ( B) ( 3) OF THE

MUNICIPAL CODE RELATED TO HOUSEHOLD HAZARDOUS WASTE

COLLECTION AND SHARPS COLLECTION SERVICES
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 16' day ofAugust 2017, by the following vote, to wit:

Council Members: AYES

MARQUEZ X

BARRIOS

VALDIVIA X(M)

SHORETT X

NICKEL X

RICHARD X

MULVIHILL X(S)

NAYS ABSTAIN ABSENT
X
rrc
George arena, CM _ •C" ity Clerk
The foregoing Resolution is hereby approved this 16'
b
day ofAum 2017.

R. Carey Da s, Mayor
City of SarvBemardino
Approved as to form:

Gary D. Saenz, City Attorney

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Packet Pg. 866 Attachment: Attachment 4 - Resolution 2017-150 Agreement with San Bernardino County to provide HHW Collection Service (8893 : Resolution