SECTION 13. Notices. Any notice or communications to be among any of the parties to the Disclosure Certificate may be given by regular, overnight, or electronic mail as follows:
To the Issuer: City of San Bernardino
290 North “D” Street
San Bernardino, CA 92401
Attn: Barbara Whitehorn, Finance Director
Email: [email protected]
To the Participating Underwriter: Hilltop Securities
2533 South Coast Highway 101, Suite 250
Cardiff, CA 92007
Attn: Mike Cavanaugh, Managing Director
Email: [email protected]
To the Property Owner: TH Rancho Palma, LLC
c/o Trumark Homes
3001 Bishop Drive, Suite 100
San Ramon, CA 94583
Attn: Maggi Kibbee
Email: [email protected]
With a copy to: O’Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
Attn: Sandra A. Galle
Email: [email protected]
Any person may, by written notice to the other persons listed above, designate a different address or telephone number(s) to which subsequent notices or communications should be sent.
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SECTION 14. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the District, the Property Owner (its successors and assigns), the Dissemination Agent, the Participating Underwriter and holders and beneficial owners from time to time of the Bonds, and shall create no rights in any other person or entity. All obligations of the Property Owner hereunder shall be assumed by any legal successor to the obligations of the Property Owner as a result of a sale, merger, consolidation or other reorganization. (Signature page follows)
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IN WITNESS WHEREOF, the Property Owner has executed this Disclosure Certificate as of the date first above written.
PROPERTY OWNER:
TH Rancho Palma, LLC, a Delaware limited liability company By: Trumark Homes, LLC, a California limited liability
company
Its: Manager
By ___________________________________
Name:
Title:
-Signature PageContinuing Disclosure Certificate
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EXHIBIT A
NOTICE TO REPOSITORIES OF FAILURE TO FILE PERIODIC REPORT Name of Issuer: Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California Name of Bond Issue: $____________ Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, 2022 Special Tax Bonds
Date of Issuance: ________, 2022
NOTICE IS HEREBY GIVEN that __________________ (the “Developer”), on behalf of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California, has not provided a Semi-Annual Report with respect to the above-named Bonds as required by the Continuing Disclosure Certificate. The Developer anticipates that the applicable Semi-Annual Report will be filed by _____________.
Dated: _______________
Dissemination Agent
By: __________________________________
Its: __________________________________
cc: Developer
District
Participating Underwriter
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EXHIBIT B
SEMI-ANNUAL REPORT
APRIL 1, ____/ SEPTEMBER 30, ____
COMMUNITY FACILITIES DISTRICT NO. 2020-1
(RANCHO PALMA) OF THE CITY OF SAN BERNARDINO
OF 2022 SPECIAL TAX BONDS
This Semi-Annual Report is hereby submitted under Section 4 of the Continuing Disclosure Certificate of the Developer (the “Disclosure Certificate”) dated as of _________, 20__, executed by the undersigned (the “Property Owner”) in connection with the issuance by the City of San Bernardino (the “City”) of the bonds captioned above (the “Bonds”) for Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino (the “District”).
Capitalized terms used in this Semi-Annual Report but not otherwise defined have the meanings given to them in the Disclosure Certificate.
I. Property Ownership and Development
The information in this section is provided as of __________ (this date must be not more than 60 days before the Report Date of this Semi-Annual Report).
A. Description of the Property currently owned by the Property Owner in the District (the “Property”) in substance and form similar to such information in the Official Statement for the Bonds under the caption “THE DISTRICT—The Development” or the Semi-Annual Report last filed in accordance with the Disclosure Certificate.
B. Updated information regarding land development construction of backbone infrastructure and home construction activities with respect to the Property described in the Official Statement for the Bonds under the caption “THE DISTRICT—The Development” or the Semi-Annual Report last filed in accordance with the Disclosure Certificate.
C. Status of any building permits and material changes to the description of land use or development entitlements for the Property in the Official Statement for the Bonds under the caption “THE DISTRICT—The Development” or the Semi-Annual Report last filed in accordance with the Disclosure Certificate.
D. Status of any land purchase contracts with regard to the Property, whether acquisition of land in the District by the Property Owner or sales of land to other property owners (other than individual homeowners).
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II. Legal and Financial Status of Property Owner
Unless such information has previously been included or incorporated by reference in a Semi-Annual Report, describe any material change in the legal structure of the Property Owner or the financial condition and financing plan of the Property Owner that would materially and adversely interfere with its ability to complete its development plan described in the Official Statement. To the extent that the ownership of the Property Owner has changed, describe all material terms of the new ownership structure.
III. Change in Development or Financing Plans
Unless such information has previously been included or incorporated by reference in a Semi-Annual Report, describe any development plans or financing plans relating to the Property that are materially different from the proposed development and financing plan described in the Official Statement.
IV. Status of Tax Payments
Describe status of payment of taxes, special taxes (including the Special Taxes) or assessments due with respect to the Property owned by the Property Owner and its Affiliates.
V. Other Material Information
In addition to any of the information expressly required above, provide such further information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading.
Certification
On behalf of the Property Owner, the undersigned officer or representative, based on actual knowledge after reasonable inquiry of employees of Property Owner and its Affiliates, hereby certifies that this Semi-Annual Report constitutes the Semi-Annual Report required to be furnished by the Property Owner under the Disclosure Certificate.
ANY OTHER STATEMENTS REGARDING THE PROPERTY OWNER, THE DEVELOPMENT OF THE PROPERTY, THE PROPERTY OWNER’S FINANCING PLAN OR FINANCIAL CONDITION, OTHER
THAN STATEMENTS MADE BY THE PROPERTY OWNER IN AN OFFICIAL RELEASE, OR FILED
WITH THE MUNICIPAL SECURITIES RULEMAKING BOARD, ARE NOT AUTHORIZED BY THE PROPERTY OWNER. THE PROPERTY OWNER IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR FAIRNESS OF ANY SUCH UNAUTHORIZED STATEMENTS.
THE PROPERTY OWNER HAS NO OBLIGATION TO UPDATE THIS SEMI-ANNUAL REPORT OTHER THAN AS EXPRESSLY PROVIDED IN THE DISCLOSURE CERTIFICATE.
Dated:
PROPERTY OWNER:
TH Rancho Palma, LLC, a Delaware limited liability company By: Trumark Homes, LLC, a California limited liability
company
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Its: Manager
By ___________________________________
Name:
Title:
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APPENDIX F
PROPOSED FORM OF BOND COUNSEL OPINION
[Closing Date]
City Council
City of San Bernardino
290 North “D” Street
San Bernardino, CA 92401
Re: $________ Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds
Ladies and Gentlemen:
We have acted as bond counsel in connection with the issuance by the City of San Bernardino (the “City”) for and on behalf of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), of $______ aggregate principal amount of the Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds (the “Bonds”). The Bonds are issued pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), a resolution adopted by the City Council of the City on ________, 2022 (the “Resolution”), and a Fiscal Agent Agreement, dated as of ________ 1, 2022 (the “Agreement”), by and between the City and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”).
We have examined the Act, the Resolution, the Agreement and certified copies of the proceedings taken for the issuance and sale of the Bonds. As to questions of fact which are material to our opinions, we have relied upon the representations of the City contained in the Agreement, and in certificates of its authorized officers which have been delivered to us for the purpose of supplying such facts, without having undertaken to verify the accuracy of any such representations by independent investigation.
Based upon such examination, we are of the opinion, as of the date hereof, that the proceedings referred to above have been taken in accordance with the laws and the Constitution of the State of California, and that the Bonds, having been issued in duly authorized form and executed by the proper officials and delivered to and paid for by the purchaser thereof, and the Agreement, having been duly authorized and executed by the proper officials, constitute the legally valid and binding obligations of the City and District enforceable in accordance with their terms subject to the qualifications specified below. Except where funds are otherwise available, as may be permitted by law, the Bonds are payable, as to both principal and interest, solely from certain special taxes to be levied and collected within the District and other funds available therefor held under the Agreement.
The Internal Revenue Code of 1986, as amended (the “Code”) sets forth certain investment, rebate and related requirements which must be met subsequent to the issuance and delivery of the Bonds for the interest on the Bonds to be and remain exempt from federal income taxation. Noncompliance with such requirements could cause the interest on the Bonds to be subject to federal income taxation retroactive to the date of issuance of the Bonds. Pursuant to the Agreement, the City has covenanted to comply with the requirements of the Code and applicable regulations promulgated thereunder.
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We are of the opinion that, under existing statutes, regulations, rulings and court decisions, and assuming compliance by the City with the aforementioned covenants, the interest on the Bonds is excluded from gross income for purposes of federal income taxation and is exempt from personal income taxation imposed by the State of California.
We are further of the opinion that interest on the Bonds is not an item of tax preference for purposes of calculating the federal alternative minimum tax. Although interest on the Bonds is excluded from gross income for purposes of federal income taxation, the accrual or receipt of interest on the Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these tax consequences will depend on the recipient’s particular tax status or other items of income or deduction. We express no opinion regarding any such consequences.
The opinions expressed herein may be affected by actions which may be taken (or not taken) or events which may occur (or not occur) after the date hereof. We have not undertaken to determine, or to inform any person, whether any such actions or events are taken or occur or are not taken or do not occur.
The rights of the owners of the Bonds and the enforceability of the Bonds and the Agreement may be subject to bankruptcy, insolvency, moratorium and other similar laws affecting creditors’ rights heretofore or hereafter enacted, and their enforcement may be subject to the exercise of judicial discretion in accordance with general principles of equity.
Respectfully submitted,
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APPENDIX G
INFORMATION CONCERNING DTC
The information in this section concerning DTC and DTC’s book-entry only system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the completeness or accuracy thereof. The following description of the procedures and record keeping with respect to beneficial ownership interests in the Bonds, payment of principal, premium, if any, accreted value and interest on the Bonds to DTC Participants or Beneficial Owners, confirmation and transfers of beneficial ownership interests in the Bonds and other related transactions by and between DTC, the DTC Participants and the Beneficial Owners is based solely on information provided by DTC to the City which the City believes to be reliable, but the City and the Underwriter do not and cannot make any independent representations concerning these matters and do not take responsibility for the accuracy or completeness thereof. Neither the DTC, Direct Participants, Indirect Participants nor the Beneficial Owners should rely on the foregoing information with respect to such matters, but should instead confirm the same with DTC or the DTC Participants, as the case may be.
The Depository Trust Company (“DTC”), New York, New York, will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fullyregistered Bond will be issued for each annual maturity of the Bonds, each in the aggregate principal amount of such maturity, and will be deposited through the facilities of DTC.
DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.6 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has a Standard & Poor’s rating of “AA+.” The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com.
Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC’s records. The ownership interest of each actual purchaser of each Bond (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive Bonds representing their ownership interests in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued.
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To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not affect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as prepayments, tenders, defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of Bonds may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them.
Redemption notices shall be sent to DTC. If less than all of the Bonds within a maturity are being prepaid, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Bonds unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy).
Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the City or the Fiscal Agent, on payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, the Fiscal Agent, or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or the Fiscal Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants.
A Bond Owner shall give notice to elect to have its Bonds purchased or tendered, through its Participant, to the Fiscal Agent, and shall effect delivery of such Bonds by causing the Direct Participant to transfer the Participant’s interest in the Bonds, on DTC’s records, to the Fiscal Agent. The requirement for physical delivery of Bonds in connection with an optional tender or a mandatory purchase will be deemed satisfied when the ownership rights in the Bonds are transferred by Direct Participants on DTC’s records and followed by a bookentry credit of tendered Bonds to the Fiscal Agent’s DTC account.
DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the City or the Fiscal Agent. Under such circumstances, in the event that a successor depository is not obtained, physical certificates are required to be printed and delivered.
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The City may decide to discontinue use of the system of book-entry only transfers through DTC (or a successor securities depository). In that event, Bonds will be printed and delivered to DTC.
THE FISCAL AGENT, AS LONG AS A BOOK-ENTRY ONLY SYSTEM IS USED FOR THE
BONDS, WILL SEND ANY NOTICE OF REDEMPTION OR OTHER NOTICES TO OWNERS ONLY TO DTC. ANY FAILURE OF DTC TO ADVISE ANY DTC PARTICIPANT, OR OF ANY DTC PARTICIPANT
TO NOTIFY ANY BENEFICIAL OWNER, OF ANY NOTICE AND ITS CONTENT OR EFFECT WILL NOT
AFFECT THE VALIDITY OF SUFFICIENCY OF THE PROCEEDINGS RELATING TO THE REDEMPTION
OF THE BONDS CALLED FOR REDEMPTION OR OF ANY OTHER ACTION PREMISED ON SUCH NOTICE.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Agency Director of Administrative Services
Department: Human Resources
Subject: Agreement with the Counseling Team International for the Employee Assistance Program (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a professional services agreement with The Counseling Team International for an Employee Assistance Program.
Background
The City’s agreement with The Counseling Team International, Inc. (“TCTI”) for an Employee Assistance Program (“EAP”) service expired June 30, 2022. A Request for Proposal (“RFP”) was opened to obtain vendor bids for an Employee Assistance Program. The RFP yielded one (1) response from a qualified bidder, The Counseling Team International, Inc.
An EAP is designed to assist all employees, retirees (within 12 months of retirement) and their eligible dependents (i.e., spouse and children) in resolving personal and/or work-related problems. These programs are crucial to an employee’s overall well-being as the effects of personal and/or work-related issues can significantly impact a person’s ability to carry out everyday tasks and performance on the job. Services are accessible 24 hours a day, 7 days a week, 365 days of the year, conducted in complete confidentiality and offered at no cost.
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Discussion
TCTI has provided Personnel Support Services, and Counseling for the City of San Bernardino for thirty-two (32) years. Continuing the relationship with TCTI will allow employees and their dependents to receive undisrupted service with their trusted counselor on matters including but not limited to:
Domestic Abuse
Anxiety/Panic Attacks
Substance Abuse
Separation/Divorce
Critical Incident/Trauma
Stress/Burnout
Legal Problems
TCTI has provided service to many local and national municipalities for over 35 years.
Their scope of work includes the following:
Initial Assessments
Create and administer treatment plans
Provide counseling services
Furnish referrals when appropriate
Provide Critical Incident Intervention/Debriefing Services Access to 24-hour crisis hot line
Conduct educational seminars upon request
Host annual orientation training
An EAP can minimize risk and litigation exposure by reducing health care costs, Workers' Compensation claims, accidents, and grievances. EAP can lead to improvements in employee quality of life by providing them with easily accessible assistance to prevent, manage, and resolve problems. Many City employees attest to the benefits and services rendered by TCTI.
2021-2025 Strategic Targets and Goals
The request to enter into a professional services agreement for an Employee Assistance Program aligns with Key Target No. 1.e.: Improved Operational & Financial Capacity, minimize risk and litigation exposure. The EAP provides employees tools that minimize risk by assisting employees in successfully managing and navigating life events and improving overall quality of life.
Fiscal Impact
The Employee Assistance Program is funded in the FY 2022/23 Operating Budget in the Workers Compensation Fund.
Conclusion
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It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a professional services agreement with The Counseling Team International for an Employee Assistance Program.
Attachments
Attachment 1 - PSA TCTI
Ward: All Wards
Synopsis of Previous Council Actions:
June 20, 2018 Mayor and City Council adopted Resolution No. 2018-170, approving the Vendor Services Agreement between The Counseling Team International and the City of San Bernardino.
July 22, 2014 Mayor and City Council adopted Resolution No. 2014- 274, authorizing the execution of a consultant services agreement between The Counseling Team International and the City of San Bernardino.
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1 PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND THE COUNSELING TEAM INTERNATIONAL
This Agreement is made and entered into as of August 1, 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and The Counseling Team International, a Corporation, with its principal place of business at 1881 Business Center Drive, Suite 11 & 12, San Bernardino, CA 92423 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Employee Assistance Program (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.”. b. In no event shall the total amount paid for services rendered by DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg. 2169
2 Consultant under this Agreement exceed the sum of $98,000.00. This amount is to cover all related costs, and the city will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.
City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council. The annual rate adjustment will be capped at 3%.
6. Term. This Agreement shall commence on July 1, 2022 and continue through May 31, 2027 (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
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3 a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare, and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of consultant by federal, state, and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B: and incorporated herein by this reference
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg. 2171
4 interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
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5 (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City designated volunteers additional insured status.
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6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors, or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
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7 Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location, and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg. 2175
8 and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg. 2176
9 canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents, or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the city. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg. 2177
10 court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to consultant.
In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
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11 b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to, and become the property of the City.
27. Organization. Consultant shall assign Nancy K. Bohl-Pernod as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY: CONSULTANT:
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12 City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: René Anderson, Director of Human
Resources
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
The Counseling Team International 1881
Business Center Drive, Suite 11 San
Bernardino, CA 20408
Attn: Nancy K. Bohl-Penrod, Director
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff, or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
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13 No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg. 2181
14 may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regard to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.
This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND THE COUNSELING TEAM INTERNATIONAL
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
THE COUNSELING TEAM
INTERNATIONAL
Signature
Name
Title
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CFO
Packet Pg. 2183
16 EXHIBIT A
SCOPE OF SERVICES/COMPENSATION SCHEDULE
The consultant shall provide the following services:
Counseling Services
The consultant shall provide confidential short-term counseling services the City personnel and eligible dependents. The Mental Health Professional (MHP) will determine on a case-by-case at some point in counseling, if the issues require longterm treatment (i.e.: acute or chronic emotional disorders that require ongoing treatment) then the MHP will refer accordingly.
Counseling services shall be available to provide employee counseling services in a convenient and timely manner. To make an appointment an employee or eligible dependents may call the office between the hours of 7:30am to 4:30pm Monday through Friday. An Employee or eligible dependent will come to the office at the prescribed time where their counseling session will take place. When an emergency takes place, the consultant will provide a 24-hour answering service and all mental health professionals are equipped with cell phones. The consultant offers these services through the Inland Empire and in the counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura.
Assessment, Treatment and Referral
The consultant shall provide assessment, treatment and referral for employees and their eligible dependents. If a referral is indicated, the consultant shall determine which referral sources will be most appropriate to meet the needs of an employee or eligible dependent and shall assist them by providing at least three referral choices. Referrals shall be made within two days of the initial assessment. TCTI shall assist a City employee or eligible dependent in accessing a referral source and shall provide followup within thirty days to determine whether services have been received and if the referral was appropriate and useful.
Confidentiality
The consultant shall maintain the confidentiality of all City employees and eligible dependents that utilized the consultant’s services. Confidentiality means that all personal information parted will be respected and safeguarded and may only be used in a responsible manner for helping in rehabilitating the employee and eligible dependent.
The consultants’ records are kept secure in accordance with our Professional Code of Ethics, Federal Regulations and State laws. All records are located in our “Headquarters office” locked in filing cabinets. We also have a top-of-the-line alarm system installed, which protects our records. The consultant will not reveal names or identities of City employees or eligible dependents. The consultant is HIPPA compliant.
Critical Incident Intervention/Critical Incident Debriefing Services:
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17 The consultant shall provide on-site Mental Health Professional’s to conduct Critical Incident Intervention/Critical Incident Debriefing Services to the City. These services will include defusings, debriefings, consultations, crisis management briefings, demobilizations and psychological first aid to affected personnel, management and/or families. All crisis intervention services provided by the Counseling Team International Mental Health Professionals will have the skills and knowledge required by the professional standards and best practices of the International Critical Incident Stress Foundation (ICISF). The consultant shall be available by being available 24 hours a day, 7 days a week, 365 days a year “Stand by Status” (SBS) for immediate intervention for those who are identified as being in crisis by the City, the consultant will provide a Mental Health Professional on-site within two hours of the City’s request.
Initial Call
The consultant shall provide Stand-by-Status, by being available 24 hours a day, 7 days a week, 365 days a year for calls that required immediate attention. The consultants’ staff can be reached by calling 1-800-222-9691. During business hours, calls will be answered by a member of the consultants’ clerical staff who has been trained in crisis intervention. The clerical staff will assure that a qualified MHP will respond to the campus/home/command center, as requested. All after-hour calls will be automatically transferred to the consultants answering service. The caller will be assured that a MHP will return the call within 15 minutes and will render the services that are requested by the district. Those services may be one of the following i.e., One-on-One, Defusings, Debriefings, Rest Information Transition Services (RITS), Crisis Management Briefings (CMB), Psychological First Aid, counseling and/or phone consultation Critical Incident Debriefing:
The consultant follows the Critical Incident Stress Foundation (ICISF) protocol. All of the consultants’ responders hold ICISF certificates which meets the requirements for “standard of care”.
Arrival
Once on scene the MHP will consult with the contact supervisor/employee and make decisions regarding how the incident will be handled. Depending on the nature of the incident it may be individual one-on-one or group debriefings and/or defusings. The consultant may decide to go to an employee’s home, to the command post to provide the necessary support.
Group for the debriefing process in order to avoid any negative or adverse reactions. A Critical Incident Stress Debriefing may last between 1 to 3 hours, depending on the number of people in the group and the nature of the event. More intense events may generate stronger emotional reactions which may make it more difficult for individuals to express their feelings.
Monitoring and follow-up
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18 Follow-up sessions after other critical incidents are at the discretion of the treating MHP.
In addition, the Director calls the contract supervisor to get feedback regarding the consultants respond to the Critical Incident debriefing. Through this monitoring of the consultants response, the Director is able to provide quality control.
COMPENSATION SCHEDULE
Title Description Unit of Measure Rate
Short-term in-house sessions Employee Support Services will be charged on a “fee for services” basis.
Per Counseling Session $90.00
Supervisor Referrals/Consultations Provides consultations with supervisor regarding problem
employee and/or any aspect of the
Employee Support Services
Included in Short-term
In-house Session
$0.00
Follow-up Sessions For employees involved in Critical
Incidents
Included in Short-term
In-house Session
$0.00
Health Fair Consultant will attend one health fair
per year at no charge as determined
by the City
N/A $0.00
All services above will not exceed the annual amount of $48,000.
Critical Incident Intervention Provide Stand by Status (SBS) 24/7/365 Critical Incident Debriefing
services.
Response time is normally within two
hours of the call, depending on the
location of the incident.
Per Hour
Port-to-port (costs will
not occur unless
services are provided)
$225.00
Training/Brown Bags Provide a wide variety of training
classes.
POST/STC certified classes will be
billed at the POST/STC rate for
POST/STC training being requested
Per Hour
Per Hour for travel
(costs will not occur
unless services are
provided).
$150.00
$50.00
Training Provide a wide variety of training
classes
Per Hour
Per Hour for travel
$175.00
$65.00
DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg. 2186
19 Training Day Rate Day rate training is a flat rate that includes the travel
Day Rate
Half-Day Rate (4-Hours)
$1,500.00
$800.00
24 participants minimum if hosting a training. The training can be opened to outside agencies 3-Day Basic Peer Support (POST
Plan III)
Per student $299.00
2-Day Basic Critical Incident Stress
Management (CISM)
Per student $199.00
2-Day Advanced Peer Support Per student $199.00
Peer Support Consultation Per Hour $175.00
Peer Support Meeting Quarterly Per Hour
Per Hour for Travel
$175.00
$65.00
Peer Support Candidate Interviews Per Hour
Per Hour for Travel
$175.00
$65.00
Meditation Course 6 week online self-paced course that
teaches the how, the why, the when,
and the benefits of mediation
Per Person $50.00
Retire Well Course Is for First Responders who have
retired in the last 5 years or are
planning to retire within 5 years. This
course provides tools to rediscover
their identity, purpose, security, and
acceptance upon retirement as well
as improve quality of life and
adaption, making the unknown know
Per Person $750.00
Retreats Reflection and Restoration (Peer
Support Retreat):
R&R Retreat combines insight,
education, and a fluid systemic
approach designed to debrief, and to
bring relief, peace, and purpose back
into daily living, the goal is to guide
you on to a path of self-care and
realistic goals that will improve your
life, your job, and your family
Per Attendee
(2 ½ Day Retreat)
$2,000.00
DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg. 2187
20 The Janus Project (Trauma Retreat):
is designed to help those who have
experienced traumatic events and/or
have been affected by personal
difficulties during their career through
workshops, therapy, and experiential
activities. The experience will address
sensory overload, fear, shock,
nightmare, anger, disbelief, sleep
problems, frustration, and other
unresolved issues
Per Attendee
(5 ½ Day Retreat)
$5,500.00
Sage Retreat: explores the cost and
rewards of being the spouse/partner
of a First Responder. This journey will
help participants navigate the pride,
confusion, fear, frustration,
exhaustion, and lack of
acknowledgment so often
experienced for partners and
spouses. The focus is to help guide
participants on a path of self-care and
realistic goals that will improve their
life, marriage, and family by improving
resiliency, conflict resolution skills,
and personal restoration.
Per Attendee
(3 ½ Day Retreat)
$3,500.00
Behavioral Care System
Development
Will assess, present best practices,
and partner with the City to create,
implement, provide, and monitor a
comprehensive Behavioral Care
System to effectively support
personnel with their personal and
departmental behavioral health and
wellness needs. We will do this by
establishing clear goals and
comprehensive solution based on the
department’s needs and aid with
assessing, building, and implementing
a Behavioral Care Assistance system.
Project Based or Hourly
Consulting
Per Hour
$400.00
Total Estimated Cost for Optional Training $50,000
Total Annual Cost Combined: $98,000.00
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21 EXHIBIT B
KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS
1. Performance Expectations
A Performance Measurement Plan (“Performance Plan”) will be developed by the City Human Resources Department and will be reviewed on a quarterly basis. Consultant will track and document all performance measures identified in the Performance Plan. Measures will include, but a not limited to the measures listed below:
Consultant will develop and distribute, electronically, a monthly summary report showing the current status and 12-month trend of each performance measure Consultant will attend quarterly meetings scheduled by the City Human Resources Department and present and discuss performance measures Consultant will track all cost savings for all orders requested by Waste Resources and will report their total Cost Savings on a quarterly basis
2. Performance Measures
1. Safety:
a. Definition: the condition of being protected from or unlikely to cause danger, risk, or injury
b. Safety Measures is related to PW projects when a contractor is conducting work on a county facility and/or delivery materials and services to a county facility
2. Quality:
a. Definition: the standard of something as measured against other things of a similar kind; the degree of excellence of something.
b. Quality Measure is related to final result of a product or service. Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete.
3. Cost Savings:
a. Definition: a reduction in expenses, especially in business b. Cost Savings Measure is related savings that a vendor makes and passes on to the County.
4. On-Time Delivery:
a. Definition: On Time Delivery or OTD refers to a key performance indicator measuring the rate of finished product and deliveries made in time. This rate is expressed in a total number of units delivered within a set period defined by the customer and the supplier.
DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg. 2189
22 b. On-Time Delivery measure is related to service contracts, were the samples delivered on time to the lab. This can also refer to pick-up services such as with environmental contracts that deal with hazardous samples
DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg. 2190
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Barbara Whitehorn, Agency Director of Administrative Services Department: Human Resources
Subject: Adopt Resolution No. 2022-149 Authorizing the Agency Director of Administrative Services to Amend the FY 2022/23- 24 Liability Fund Budget in the amount of $363,000 for both FY 2022/23 and 2023/24 and approving an Agreement with
George Hills for General Liability Third Party Administrator Services (All Wards).
Recommendation
Authorize the City Manager to enter into an Agreement with George Hills for General Liability Third Party Administrator Services and Adopt Resolution No. 2022-149 Authorizing the Agency Director of Administrative Services to Amend the FY 2022/23- 24 Liability Fund Budget in the amount of $363,000 for both FY 2022/23 and 2023/24 (All Wards).
Background
The City of San Bernardino has used a third-party administrator (TPA) for general liability claims since 2013. The existing contract with the City’s current TPA expired on June 30, 2022. Staff prepared a Request for Proposal (RFP) that garnered two responses from Bidders, one from the City’s existing TAP, Carl Warren, and one from George Hills. The bids were evaluated with the cost of both the contract and the quality of claims service, and George Hills was selected to be the City’s TPA for general liability claims administration services.
Discussion
George Hills Company has provided liability and property claims administration Packet Pg. 2191
services to the public sector for nearly four decades. In addition to third-party claims administration, they provide subrogation recovery, and investigative services. Today, they work with more public entities in California than any other TPA, primarily in the northern and central state areas. Their commitment to superior customer service is bolstered by their highly qualified staff, who has specialized in multi-line claims adjusting (property and liability). George Hills’ emphasis on high quality public entity adjusters and their reputation for excellent client service has led them to the forefront for California Public Entities property and liability claims management.
George Hills recognizes and has the program in place to manage the claims for the City. Their approach as a TPA for California municipalities is based on their commitment to protect the assets of their clients. Their goal is to reduce the number of claims and claims paid amounts by identifying cost drivers, performance gaps, and opportunities for cost reduction. Their approach to fulfilling client needs stem from their company’s experience, values, personnel, and their best practices approach to claims handling. To George Hills, customer satisfaction is paramount and one of their core values; one which guides them in all that they do.
George Hills was the more expensive option of the two respondent bidders. However, this TPA offers several enhancements above the competitor. George Hills developed their own comprehensive and effective public entity claims training program titled George Hills Claims University (GHCU); the first and only TPA to launch its own learning program. Managed through a Learning Management System, GHCU provides continuous matriculation for their employees, their clients, and soon the general public.
Their trademarked iMetrics reports gives their clients unique access to the claims process at every stage and allows clients to run customized reports. George Hills has also developed a client facing portal, which provides dashboards and secure online areas for file sharing and collaboration. In addition, they have in-house attorneys accessible and routinely utilized by their claims adjusters and are available to assist their clients.
Lastly, all six of George Hills’ references gave them excellent reviews, praising their service and responsiveness, knowledge, and overall handling of general liability claims.
2021-2025 Strategic Targets and Goals
The request to enter into a professional services agreement for general liability TPA services aligns with Goal No. 1.e.: Minimize risk and litigation exposure. The City’s TPA acts as an extension of the risk management division by providing experienced adjusters that work swiftly to help minimize liability exposure through proactive claim investigations, negotiations, and lower settlement payouts and costs.
Packet Pg. 2192
Fiscal Impact
Conclusion
Authorize the City Manager to enter into an Agreement with George Hills for General Liability Third Party Administrator Services and Adopt Resolution No. 2022-149 Authorizing the Agency Director of Administrative Services to Amend the FY 2022/23- 24 Liability Fund Budget in the amount of $363,000 for both FY 2022/23 and 2023/24 (All Wards).
Attachments
Attachment 1- Resolution No. 2022-149 Budget Amendment George Hills Attachment 2- PSA George Hills
Ward: All Wards
Synopsis of Previous Council Actions:
June 20, 2018 Mayor and City Council adopted Resolution No. 2018-168, approving the Vendor Services Agreement between Carl Warren & Company and the City of San Bernardino for Third Party Administrative (TPA) Services for General Liability.
December 3, 2013 Mayor and City Council adopted Resolution No. 2013-331, approving an agreement with Carl Warren & Company.
FINANCIAL
DATA
Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost:
COST $ 363,000 $ 363,000 $ 726,000 $ 475,000
GENERAL
FUND
SHARE
$ 0 $ 0 $ 0 $ 0
SOURCE OF FUNDS: This action requires a
Budget Amendment to the Liability Fund in the
Amount of $363,000 for FY 2022/23 and
2023/24, with an ongoing cost of $475,000
per year.
Budget Adjustment:
Yes
For Fiscal Year: 22/23
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Packet Pg. 2194
Resolution No. 2022-149
Resolution 2022-149
July 20, 2022
RESOLUTION NO. 2022-149
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE AGENCY DIRECTOR OF
ADMINISTRATIVE SERVICES TO AMEND THE
LIABILITY FUND BIENNIAL BUDGET FOR 2022/23-24 BY
$363,000 FOR BOTH FY 2022/23 AND 2023/24.
WHEREAS, the City of San Bernardino uses a third party administrator for general liability claims administration; and
WHEREAS, through a Request for Proposal process, George Hills was selected as the most responsive and responsible bidder; and
WHEREAS, there is adequate fund balance in the Liability Fund to cover the proposed increase.
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 Agency Director of Administrative Services is authorized to amend the Liability Fund Budget for FY 2022/23 and 2023/24.
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July 2022.
Packet Pg. 2195
Resolution No. 2022-149
Resolution 2022-149
July 20, 2022
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg. 2196
Resolution No. 2022-149
Resolution 2022-149
July 20, 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. 2022-149 adopted at a regular meeting held on the 20th day of July 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
Packet Pg. 2197
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Five-Year Capital Improvement Program FY 2022/23 to FY 2026/27 for Measure I Local Expenditures (All Wards)
Recommendation
Adopt Resolution No. 2022-150 of the Mayor and City Council of the City of San Bernardino, California, approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2022/23 through Fiscal Year 2026/27 and Measure I Expenditure Strategy.
Background
In November 1989, voters approved Measure I authorizing the San Bernardino County Transportation Authority (SBCTA) to impose a one-half of one percent retail transaction and use tax. This tax was applicable throughout the County for a period of 20 years beginning April 1, 1990 and extending to March 31, 2010 and is commonly known as the 1/2-Cent Sales and Road Tax (Measure I). In November 2004, voters approved an extension of the 1/2-cent sales tax for an additional 30 years from April 1, 2010, through March 31, 2040. To distinguish the two programs, they are being referenced as Measure I 1990-2010 and Measure I 2010-2040.
Discussion
The City is required to adopt a Measure I Five Year Capital Improvement Program annually. This program must identify projects, the estimated Measure I expenditures on these projects, and a brief description of project and program to be undertaken. This is an administrative requirement for both the original and subsequent voter approved measures.
Local street project funds can be used flexibly for any eligible transportation purpose determined to be a local priority, including local streets, major highways, state highway Packet Pg. 2198
improvements, transit, and other improvements/programs to maximize use of transportation facilities. Expenditure of local street project funds shall be based upon a Five-Year Measure I Capital Improvement Plan (MICIP) adopted annually by the governing body of each jurisdiction after being made available for public review and comment.
The Five-Year MICIP only relates to the expenditure of Measure I funds, and each agency is required to update their program annually. If approved, the City would be committed to expending funds in accordance with the first year of the Five-Year Plan.
The second through fifth years are estimates for planning purposes and the Program will be evaluated annually to update projects and estimates identified for future years.
In addition to obtaining approval for the proposed Five-Year MICIP for FY 2022-2027, the proposed Resolution includes language asserting that the City of San Bernardino will meet its base year level Maintenance of Effort for FY 2022/23. Pursuant to Policy VLS-25 of the Measure I Strategic Plan, jurisdictions shall annually provide a statement in the resolution of the governing body adopting the Five-Year CIP that acknowledges the jurisdiction will maintain General Fund expenditures for transportation related construction and maintenance activities at the required levels to meet base year level in that fiscal year.
City staff is recommending approval of the proposed Five-Year MICIP for FY 2022- 2027 (Attachment 2, Exhibit A). The projects shown in the five years of the MICIP reflect the projects and budget amounts included in the City's previously adopted Capital Improvement Program budget. However, only projects in the first year of the budget are funded in FY 2022/23. The City is projected to receive $5,549,282 in Measure I pass-thru funds for fiscal year 2022/23 and Exhibit A indicates the way those funds have been allocated in the City’s Capital Improvement Budget.
The proposed projects were selected based upon need for and importance of the City’s roadway network. Changes to the Program during the year are permitted, subject to approval of plan amendments by resolution of the Mayor and City Council.
SBCTA also requires the local agencies to provide an "Expenditure Strategy." Attached is a copy of the proposed strategy (Attachment 3, Exhibit B) for FY 2022/23.
The projects shown in the attached Five-Year Measure I Capital Improvement Program is consistent with the approved Capital Improvement Program and the Public Works Department Work Plan.
2021-2025 Strategic Targets and Goals
The Measure I Five-year CIP is consistent with Key Target No 1d: Improved Operational & Financial Capacity - Create a framework for spending decisions as it reflects the most current and highest priority need for use of Measure I Funds in the 2022/23 fiscal year.
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Fiscal Impact
There is no General Fund Impact. The projects listed in the proposed Five-Year MICIP Fiscal Year 2022/23-2026/27 for Measure I Local Expenditures for the City of San Bernardino have previously been identified in the City's Capital Improvement Program.
Conclusion
Adopt Resolution No. 2022-150 of the Mayor and City Council of the City of San Bernardino, California, approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2022/23 through Fiscal Year 2026/27 and Measure I Expenditure Strategy.
Attachments
Attachment 1 Resolution No. 2022-150
Attachment 2 Measure I Five Year Capital Improvement Plan (MICIP) Attachment 3 Measure I Five Year Capital Improvement Plan Expenditure Strategy
Ward: All Wards
Synopsis of Previous Council Actions:
November 15, 2012 Resolution No. 2012-258 adopted the Five-Year Measure I Capital Improvement Program for FY 2012-2017.
October 21, 2013 Resolution No. 2013-296 adopted the Five-Year Measure I Capital Improvement Program for FY 2013-2018.
October 20, 2014 Resolution No. 2014-374 adopted the Five-Year Measure I Capital Improvement Program for FY 2014-2019.
December 7, 2015 Resolution No. 2015-273 adopted the Five-Year Measure I Capital Improvement Program for FY 2015-2020.
March 20, 2017 Resolution No. 2017-047 adopted the Five-Year Measure I Capital Improvement Program for FY 2016-2021.
February 7, 2018 Resolution No. 2018-031 adopted the Five-Year Measure I Capital Improvement Program for FY 2017-2022.
August 15, 2018 Resolution No. 2018-235 adopted the Five-Year Measure I Capital Improvement Program for FY 2018-2023.
June 5, 2019 Resolution No. 2019-083 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2018-2023.
Packet Pg. 2200
July 17, 2019 Resolution No. 2019-172 adopted the Five-Year Measure I Capital Improvement Program for FY 2019-2024.
June 3, 2020 Resolution No. 2020-115 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2019-2024.
June 17, 2020 Resolution No. 2020-143 adopted the Five-Year Measure I Capital Improvement Program for FY 2020-2025.
June 16, 2021 Resolution No. 2021-130 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2020-2025
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Resolution 2022-150
Resolution No. 2022-150
July 20, 2022
RESOLUTION NO. 2022-150
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
APPROVING THE MEASURE I FIVE-YEAR CAPITAL
IMPROVEMENT PLAN FOR FISCAL YEAR 2022/23
THROUGH FISCAL YEAR 2026/27 AND MEASURE I
EXPENDITURE STRATEGY
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, Revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04- 01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
WHEREAS, in compliance with Policy VLS-25 of the Measure I Strategic Plan, the City hereby acknowledges that it will maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort (MOE) base year level for FY 2022/23.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby approves the Five-Year Capital Improvement Program (FY 2022-2027) for Measure I Local Expenditures (MICIP) attached hereto and incorporated herein as Exhibit ‘A’.
SECTION 3. The Mayor and City Council of the City of San Bernardino hereby approves the Expenditure Strategy attached hereto and incorporated herein as Exhibit ‘B’.
SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
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Resolution 2022-150
Resolution No. 2022-150
July 20, 2022
SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg. 2203
Resolution 2022-150
Resolution No. 2022-150
July 20, 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. 2022-150, 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
Packet Pg. 2204
Resolution Number: Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027
Jurisdiction:
Resolution Approval Date: 20-Jul-22
Contact Person/Title: Alex Qishta San Bernardino
Phone: 9093835019
Email: [email protected]
6/30/22 Carryover Balance $5,050,065.00
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue Total Est. Rev. $5,549,282 $5,585,131 $5,585,280 $5,632,243 $5,684,121 $28,036,057 Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate
Total
Projects:
University Parkway & I-215 Improvements No No 0.0% 0.0% $850,000 $850,000 $0 $0 $0 $0 $850,000 Co-op with City of Highland for Pacific Street from Buckeye Street to Boulder Avenue – Remove & Replace (SS19-00) No No 0.0% 0.0% $850,000 $850,000 $0 $0 $0 $0 $850,000 Citywide Pavement Rehabilitation - Slurry /Crack Seal No No 0.0% 0.0% $5,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $5,000,000 Pepper Ave. Rehabilitation from Baseline Rd. to Mill St. No No 0.0% 0.0% $7,500,000 $7,500,000 $0 $0 $0 $0 $7,500,000 Street Rehabilitation co-op with the San Bernardino County at:
Baseline Rd. from Conejo Dr. E to Glasgow Ave.
Baseline Rd. from Yates St. to Del Rosa Dr.
Fifth St. from Waterman Ave. E to Pedley Rd.
Fifth St. from Pedley Rd. to Tippecanoe Ave.
Third St. from Waterman Ave. to Tippecanoe Ave.
Perris Hill Park Road from Gilbert St. N to Pacific St.
Monterey Ave. from Waterman Ave. to Cooley St.
Highland Ave. from Merito Pl. to Sterling Ave.
Pacific St. from Perris Hill Pk Rd. to Fairfax Dr.
No No 0.0% 0.0% $1,450,000 $1,450,000 $300,000 $0 $0 $0 $1,750,000 Street Rehabilitation :
1- Belleview Street from Mt. Vernon Avenue to K Street
2- 27th Street from Davidson Avenue to Little Mountain Drive. 3- Temple Street from Medical Center Drive to End
No No 0.0% 0.0% $1,000,000 $1,000,000 $0 $0 $0 $0 $1,000,000 Belleview Reconstruction from Mt. Vernon to K Street No No 0.0% 0.0% $215,000 $215,000 $0 $0 $0 $0 $215,000 27th Street Rehabilitation from Little Mountain Avenue to K Street No No 0.0% 0.0% $165,000 $165,000 $0 $0 $0 $0 $165,000 Temple Street Rehabilitation from Medical Center Drive to end No No 0.0% 0.0% $165,000 $165,000 $0 $0 $0 $0 $165,000 Pavement Management System No No 0.0% 0.0% $1,000,000 $1,000,000 $0 $0 $0 $0 $1,000,000
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
Projects Total: $14,195,000 $1,300,000 $1,000,000 $1,000,000 $1,000,000 $18,495,000 (Must not exceed 150% of Carryover Balance +
Total Estimated Revenue) Total Programming is currently 56% Total Estimated Programming: $18,495,000
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CITY OF SAN BERNARDINO
MEASURE I CAPITAL IMPROVEMENT PLAN
EXPENDITURE STRATEGY
Fiscal Year 2022/2023 to 2026/2027
The City of San Bernardino will continue to place emphasis on both its regional and sub-regional arterial roadway system. At least fifty percent of the City's Measure I allocation will be earmarked for specific capital projects that are geared toward improving traffic flow and motorist convenience. Failing pavement surfaces will be rehabilitated and traffic striping modified as needed to accommodate increased traffic demand; and intersection capacity will be improved with new and modified traffic signals.
In addition to the above Capital Improvement Program, San Bernardino will continue to allocate up to fifty percent of its annual Measure I funds towards public works maintenance activities. Maintenance work will continue to include the City's traffic signal systems, sidewalk and curb repair, and pavement repair and overlay on the local street system.
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City of San Bernardino
Request for Council Action
CONSENT CALENDAR
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Department: Council Office
Subject: City Board, Commission, and Citizen Advisory
Committee Minutes Approved in May/June 2022
Packet Pg. 2207
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in May and June 2022.
Background:
On February 7, 2018, the Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council.
Discussion:
In keeping with the reporting requirements established in Municipal Code Chapter
2.17.080 the minutes for the board, commission and citizen advisory committee meetings approved in May and June 2022 are presented for review by the Mayor and City Council including the: 1. Arts and Historical Preservation Commission - May 16, 2022 2. Charter Review Committee - May 5, 2022 3. Downtown Advisory Committee - April 27, 2022 4. General Plan Advisory Committee – May 19, 2022 and June 9, 2022 5.
Library Board - April 12, 2022 6. Planning Commission - April 12, 2022 and May 10, 2022 7. Public Safety and Human Relations Commission - April 11, 2022; and 8. Water Board - May 24, 2022.
2021-2025 Key Strategic Targets and Goals:
Providing the agendas and minutes from each of the City’s Boards, Commissions and Citizen Advisory Committees to the Mayor and City Council is in alignment with Key Target Number 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.
Financial Impact:
No fiscal impact to the City.
Conclusion:
It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in May and June 2022.
Attachments:
Attachment 1 - City Board, Commission and Citizen Advisory Committee Meeting minutes approved in May and June
2022
Ward: All Wards
Synopsis of Previous Council Actions:
On February 7, 2018, the Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: Office of the City Clerk
Subject: Certifying Results of the Primary Municipal Election held on June 7, 2022
Recommendation
Adopt Resolution No. 2022-151 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the Primary Municipal Election held on June 7, 2022, certifying the election results and such other matters as provided by law.
Background
In accordance with Article 8, Section 800 of the City Charter, the City of San Bernardino shall consolidate the Primary Municipal Election and General Municipal Election with the State Primary and General Municipal Election every 2 years.
On January 19, 2022, Resolution No. 2022-02 was approved by the Mayor and City Council, Calling a Primary Municipal Election. On June 7, 2022, the Primary Municipal Election was held by the San Bernardino County Registrar of Voters for the office of the Mayor, First Ward City Council Member, Second Ward City Council Member and Fourth Ward City Council Member for the City of San Bernardino.
Discussion
The Primary Municipal Election was conducted on June 7, 2022, by the San Bernardino County Registrar of Voters. The final results of the election were released by the Registrar of Voters on July 5, 2022. According to the Statement of Votes cast report provided by the Registrar of Voters, the City of San Bernardino has 101,601 registered voters. Of that total, 25,883 voted in the Primary Municipal Election, resulting in a
25.5% voter turnout.
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The Statement of Votes declares the following:
Theodore Sanchez was re-elected as a Member of the City Council, Ward 1 Sandra Ibarra was re-elected as a Member of the City Council, Ward 2 Frederic Shorett was re-elected as a Member of the City Council, Ward 4 The following candidates received the highest percentage of votes for Mayor and will be entered into the General Municipal Run Off Election on November 8, 2022:
Helen Tran with 41.65%
James F. “Jim” Penman with 20.00%
2021-2025 Strategic Targets and Goals
Certifying the results of the election aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community.
Fiscal Impact
There is no fiscal impact by adopting this Resolution.
Conclusion
Adopt Resolution No. 2022-151 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the Primary Municipal Election held on June 7, 2022, certifying the election results and such other matters as provided by law.
Attachments
Attachment 1 - Resolution No. 2022-151 Certifying the Results of the Primary Municipal Election
Attachment 2 – Resolution No. 2022-151 Exhibit ‘A‘ - Final Certified Elections Results
Attachment 3 - County of San Bernardino Certification of Elections Results of July 5, 2022
Ward All Wards
Synopsis of Previous Council Actions
On January 19, 2022, the Mayor and City Council adopted Resolution No. 2022-02, Calling a Primary Municipal Election.
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Resolution No. 2022-151
Resolution 2022-151
July 20, 2022
RESOLUTION NO. 2022-151
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RECITING THE FACTS OF THE PRIMARY MUNICIPAL
ELECTION HELD ON JUNE 7, 2022, CERTIFYING THE
ELECTION RESULTS AND SUCH OTHER MATTERS AS
PROVIDED BY LAW.
WHEREAS, the Primary Municipal Election was consolidated with the Statewide Primary Election and was conducted in the City of San Bernadino, California on Tuesday June 7, 2022, as required by law; and
WHEREAS, notice of the election was given in the time, form and manner as provided by law; that voting precincts were properly established; that elections officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the Elections Code of the State of California and the Charter of the City of San Bernardino for holding of elections; and
WHEREAS, the Registrar of Voters of the County of San Bernardino canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made a part hereof as ‘Exhibit “A.”
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the whole number of ballots cast in the City of San Bernardino was 25,883.
SECTION 2. That the Names of Persons and the offices for which they were voted are as follows:
For the Office of Member of the City Council Ward 1 Votes Theodore Sanchez 814
Gilberto Botello 645
For the Office of Member of the City Council Ward 2 Votes Sandra Ibarra 795
Terry Elliot 736
Alissa Payne 14
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Resolution No. 2022-151
Resolution 2022-151
July 20, 2022
For the Office of Member of the City Council Ward 4 Votes Frederic Shorett 2,188
Teresa Para Craig 1,599
Vince Laster 246
For the Office of the Mayor Votes
Helen Tran 7,310
John Valdivia 2,970
James F. “Jim” Penman 3,510
Mohamad Khan 197
Treasure Ortiz 2,375
Henry Nickle 728
Gabriel Jaramillo 459
SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit “A” attached.
SECTION 4. Pursuant to San Bernardino Municipal Code section 2.56.040, the City Council does declare and determine that Theodore Sanchez was re-elected as a Member of the City Council to represent Ward 1 for the full term of four years; Sandra Ibarra was re-elected as a Member of the City Council to represent Ward 2 for the full term of four years; Frederic Shorett was re-elected as a Member of the City Council to represent Ward 4 for the full term of four years.
The successful candidates shall be seated and shall begin their new term of service in December 2022. In addition, pursuant to San Bernardino Municipal Code Section 2.56.040, the City Council does declare and determine that the two candidates for the office of Mayor with the highest number of votes shall be entered into and appear on the ballot as the Mayoral candidates at the General Municipal Run Off Election to be held November 8, 2022, those candidates are Helen Tran and James F. “Jim” Penman.
SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the results of the election showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For What office each person was voted for; (4) The number of votes given at each precinct to each person.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
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Resolution No. 2022-151
Resolution 2022-151
July 20, 2022
SECTION 7. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 8. 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 9. 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 20th day of July 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2022-151
Resolution 2022-151
July 20, 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. 2022-151, 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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Candidate Party Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
JAMES F. "JIM" PENMAN 2,988 0 518 4 3,510 20.00%
MOHAMMAD KHAN 177 0 19 1 197 1.12%
HENRY GOMEZ NICKEL 622 0 103 3 728 4.15%
JOHN VALDIVIA 2,707 0 258 5 2,970 16.92%
TREASURE ORTIZ 2,069 0 297 9 2,375 13.53%
GABRIEL JARAMILLO 400 0 58 1 459 2.62%
HELEN TRAN 6,693 0 601 16 7,310 41.65%
Total Votes 15,656 0 1,854 39 17,549
Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
Unresolved Write-In 0 0 0 0 0
Mail Ballot Designated M Polling Place Provisional Total Times Cast 16,246 0 1,911 47 18,204 / 101,601 17.92%
Undervotes 555 0 55 8 618
Overvotes 35 0 2 0 37
Precincts Reported: 203 of 203 (100.00%)
City of San Bernardino Mayor (Vote for 1)
Candidate Party Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
THEODORE SANCHEZ 745 0 68 1 814 55.79%
GIL J. BOTELLO 586 0 55 4 645 44.21%
Total Votes 1,331 0 123 5 1,459
Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
Unresolved Write-In 0 0 0 0 0
Mail Ballot Designated M Polling Place Provisional Total Times Cast 1,459 0 133 5 1,597 / 11,825 13.51%
Undervotes 128 0 10 0 138
Overvotes 0 0 0 0 0
Precincts Reported: 35 of 35 (100.00%)
City of San Bernardino Member, City Council Ward 1 (Vote for 1) Page: 22 of 24 7/5/2022 2:25:58 PM
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Candidate Party Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
TERRY ELLIOTT 669 0 66 1 736 47.64%
SANDRA IBARRA 733 0 59 3 795 51.46%
Total Votes 1,414 0 127 4 1,545
Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
ALISSA PAYNE WRITE-IN 12 0 2 0 14 0.91%
Unresolved Write-In 0 0 0 0 0
Mail Ballot Designated M Polling Place Provisional Total Times Cast 1,555 0 138 5 1,698 / 13,300 12.77%
Undervotes 138 0 11 1 150
Overvotes 3 0 0 0 3
Precincts Reported: 17 of 17 (100.00%)
City of San Bernardino Member, City Council Ward 2 (Vote for 1) Candidate Party Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
FRED SHORETT 1,942 0 242 4 2,188 54.25%
TERESA PARRA CRAIG 1,419 0 178 2 1,599 39.65%
VINCE LASTER 202 0 44 0 246 6.10%
Total Votes 3,563 0 464 6 4,033
Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
Unresolved Write-In 0 0 0 0 0
Mail Ballot Designated M Polling Place Provisional Total Times Cast 3,872 0 506 6 4,384 / 16,917 25.91%
Undervotes 308 0 42 0 350
Overvotes 1 0 0 0 1
Precincts Reported: 50 of 50 (100.00%)
City of San Bernardino Member, City Council Ward 4 (Vote for 1) Candidate Party Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
YES 7,205 0 773 5 7,983 74.48%
NO 2,321 0 411 4 2,736 25.52%
Total Votes 9,526 0 1,184 9 10,719
Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
Unresolved Write-In 0 0 0 0 0
Mail Ballot Designated M Polling Place Provisional Total Times Cast 10,427 0 1,301 11 11,739 / 48,339 24.28%
Undervotes 894 0 117 2 1,013
Overvotes 7 0 0 0 7
Precincts Reported: 46 of 46 (100.00%)
City of Chino MEASURE Y (Vote for 1)
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City of San Bernardino
Request for Council Action
CONSENT CALENDAR
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Ratification of Council Travel and Pre-Approval of Travel for FY 2022/23
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify Council travel detailed herein and pre-approve specified travel for the Mayor and City Council for Fiscal Year 2022/23.
Background
On August 18, 2021, Mayor and City Council adopted Resolution 2021-212, adopting the Travel Authority and Expense Policy that requires all mayoral and council travel to be preapproved by the Mayor and City Council. (Attachment 1) Discussion
The Travel Authority and Expense Policy adopted by the Mayor and City Council requires preapproval by the Mayor and City Council for any travel by an elected official.
After adoption of the policy, Council Members from the 6th and 7th Ward completed travel and were reimbursed for that travel without preapproval. That travel is detailed below, and the receipts are attached for review and ratification by the Mayor and City Council.
6 th Ward Councilmember Kimberly Calvin:
Southern CA Association of Governments (SCAG) Regional Conference and General Assembly, May 2022: $503.51 (Attachment 2)
SBCTA City County Conference April 2022: $472.81 (Attachment 3) TOTAL: $976.32
7 th Ward Councilmember Damon Alexander:
Southern CA Association of Governments (SCAG) Regional Conference and General Assembly, May 2022: $205.21 (Attachment 4)
League of California Cities Leadership Summit Registration, May 2022: $625.00 (Attachment 5)
League of California Cities Leadership Summit, May 2022: $995.96 (Attachment 6) TOTAL: $1,826.17 Packet Pg. 2260
To ensure that the Mayor and City Council are able to complete travel that is beneficial to the City for FY 2022/23, staff recommends that the following travel be pre-approved for the Mayor and City Council Members.
Women in Municipal Government (WIMG) Conference, Sacramento, CA, August 2022
League of California Cities Annual Conference and Expo, Long Beach, CA, September 2022
National League of Cities City Summit, Kansas City, MO, November 2022 Southern CA Association of Governments (SCAG) Regional Conference and General Assembly, April-May 2023
U.S. Conference of Mayors Winter Meeting, Washington, DC, January 2023 U.S. Conference of Mayors Annual Meeting, Columbus, OH, June 2023 SBCTA City County Conference TBD 2023
2021-2025 Key Strategic Targets and Goals
This item aligns with Key Target No. 1d: Improved Operational and Financial Capacity - Create a framework for spending decisions.
Financial Impact
There is no financial impact to the pre-approval of travel for FY 2022/23. Each Councilmember has an annual budget for meetings and conferences of $6,000 and the Mayor has a budget of $4,000.
The ratification of travel that has already been reimbursed in FY 2021/22 is for a total of $2,802.49. ($976.32 for Ward 6 and $1,826.17 for Ward 7.) Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify Council travel detailed herein and pre-approve specified travel for the Mayor and City Council for Fiscal Year 2022/23.
Attachments
Attachment 1 Travel Authority and Expense Policy
Attachment 2 Councilmember K. Calvin Travel SCAG
Attachment 3 Councilmember K. Calvin Travel SBCTA City County Attachment 4 Councilmember D. Alexander Travel SCAG
Attachment 5 Councilmember D. Alexander Travel CA Cities Reg Attachment 6 Councilmember D. Alexander Travel CA Cities Hotel Packet Pg. 2261
Ward: All
Synopsis of Previous Council Action
August 18, 2021 Mayor and City Council adopted Resolution No. 2021-212 approving the revised Travel Authority and Expense Policy retroactive to July 21, 2021.
July 22, 2021 Mayor and City Council adopted Resolution No. 2021-164 approving the Travel Authority and Expense Policy, and repealing Resolution Nos. 9151 and 89-100.
February 3, 2021Mayor and City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and appointed officials are operating under a clear set of guidelines that govern the City.
April 17, 1989 Mayor and City Council adopted Resolution No. 89-100 amending Resolution No. 9151 and providing for reimbursement for meals at the rate of forty-five dollars ($45.00) per day and repealing Resolution No. 84-226.
June 18, 1984 Mayor and City Council adopted Resolution No. 84-226 amending Resolution 9151 and providing for reimbursement for meals at the rate of thirty-five dollars ($35.00) per day.
April 29, 1968 Mayor and City Council adopted Resolution No. 9151 establishing a policy for the attendance of City Employees and Elected Officials at conferences or meetings and set forth authorized expenses and allowances for expenses incurred on official business of the City.
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City of San Bernardino
Administrative Policy Manual
Subject: Travel Authority and Expense Policy
Purpose: To set forth the policies governing reimbursement for travel expenses and to establish certain procedures concerning travel authorization, documentation, and accounting for all Departments, Employees and Elected Officials of the City of San Bernardino. The City has two objectives when paying travel-related expenses: 1) to provide employees sufficient funds to execute business on behalf of the City and 2) to safeguard City funds by paying only reasonable and necessary expenses. This administrative policy outlines what constitutes a reasonable and necessary expense.
Authority: Resolution No. 2021-212
Scope: Unless otherwise stipulated herein, this policy applies to all City Employees and Elected Officials. All such employees and officials shall comply with the provisions outlined in this policy. For City Employees, the Department Director, or their designee, and for Elected Officials, the Director of Finance is ultimately responsible for ensuring that travel expenditures comply with this administrative policy and for the thorough review and approval of all documents necessary for the disbursement of City funds related to travel.
The purpose of the required documentation is to ensure transparency and provide sufficient evidence to anyone who reviews travel transactions that public funds were expended in compliance with this administrative policy.
Exemption from Scope
None.
Policy:
The City of San Bernardino encourages attendance at conferences, seminars, meetings and workshops to enhance an employee’s understanding of his/her duties and responsibilities. The City will reimburse travel expenditures according to the procedures outlined in this policy.
Travel is deemed to be official when such travel of City Employees and Elected Officials are away from the City for the purpose of conducting business of the City, attending professional meetings, seminars, conferences, training, workshops and other related meetings. This policy is applicable to all travel, regardless of the source of funds used for reimbursement.
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Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual
Only authorized expenses as set forth in this policy will be paid by the City or reimbursed.
Unauthorized expenses incurred on a City P-Card must be reimbursed to the City by the City Employee of Elected Official within ten (10) business days of reconciliation of travel documentation.
Definitions
(a) Elected Official - any elected person representing the City in an official capacity that is not considered an employee. City Council, at their discretion, may approve travel for appointed Commissioners. For purposes of compliance with this policy, Commissioner travel will be treated the same as that of Elected Officials. (b) Local Travel - travel within a radius of seventy-five (75) miles from the employee’s regular work site, one way, for a one-day session or multiple day sessions. (c) Mileage Allowance – reimbursement paid to a City Employee for the use of his/her personal vehicle during travel or official City business. The reimbursement rate will be the current rate established by the Internal Revenue Service (IRS). (d) Out-of-Town Travel – any travel over seventy-five (75) miles from employee’s regular work site, including out of state that requires subsistence or actual living expenses. Travel out of the country must be approved by the City Manager’s Office.
(e) Travel – any trip taken by a City Employee or Elected Official in the course of performing his/her duties, including trips to conferences, seminars, meetings, workshops and training.
(f) GSA Per Diem Rate – herein used to refer to the allowance for meals and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem.
Authorized Expenses
These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of travel or performance of official duties.
Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. Any questions regarding the propriety of a particular type of expense should be resolved with the Finance Department or, in the case of Elected Officials, with the City Council, before the expense is incurred.
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Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual
Elected Officials please note: Expenses that do not fall within the scope of this policy, and for which payment or reimbursement will be requested, must be approved by the City Council in a public meeting before the expense is incurred. (a) Actual and Necessary Expenses. The City will directly pay or City Employees and/or Elected Officials will be reimbursed for the actual and necessary expenses incurred in the performance of the official duties for their position, provided that, except as otherwise articulated in this Policy, reimbursement shall always be at the lesser of the actual cost or the current GSA Per Diem Rates, unless otherwise approved by the City Council in advance. Expenses that the City will pay include transportation, lodging, registration fees, meals, and any other incidental and related expenses if they are for official business and are authorized by this policy. (b) Authorized Events and Activities. Expenses incurred in connection with the following types of events or activities will generally be authorized for payment or reimbursement:
a. Attending educational seminars, conferences, or activities designed to improve skills and information levels.
b. Participating in regional, state, national and international organizations whose activities affect the City’s interests. c. Activities that involve either: (a) City Employees or Elected Officials attending as a representative of the City of San Bernardino at events; or (b) City Employees as part of their City job duties or responsibilities, or organizing or assisting with the management or operation of events.
d. Meetings with consultants, professionals, constituents, applicants or other private or governmental entities or agencies, which are necessary for the performance of their position.
(c) Unauthorized Events and Activities. Expenses incurred for personal matters will not be paid or reimbursed. If time is taken away from official business for personal matters, or if the return is delayed after completion of the event to attend to personal matters, any expenses incurred for such personal matters will not be paid or reimbursed. If a City Employee desires to combine business and personal travel in this manner, the written approval of the City Employee’s Department Director, or the City Manager if the City Employee Packet Pg. 2265
Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual
is a Department Director, or the City Council if the employee is an Elected Official, is required prior to making travel arrangements. For City Employees, if the extended period required for personal matters occurs during regular scheduled work hours, the time must be counted as annual leave or leave without pay.
The following is a non-exhaustive list of prohibited purchases which includes commonly purchased goods or services considered personal in nature, and not an essential part of the City's business and therefore will not be a cost borne by the City of San Bernardino:
a. Personal portion of the trip, including expenses incurred for family member(s), friends and/or pets who accompany the City Employee or Elected Official on City business.
b. Political contributions or events.
c. Charitable contributions.
d. Attendance at charitable events not sponsored, co-sponsored or organized by the City.
e. Entertainment expenses not directly required as part of attending a meeting/conference, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf-related expenses), or other cultural events.
f. Personal automobile expenses, including traffic citations, other than mileage and toll charges that are otherwise payable or reimbursable under this policy.
g. Personal losses incurred while on City business.
h. Alcoholic beverages.
i. Expenses for trips involving an overnight stay or airfare by Elected Officials or City Employees, unless approved in advance as required by this policy. j. Mileage or other expenses incurred when representing the City on a regional board, commission or other agency when such board, commission or agency allows for the payment or reimbursement by them of such mileage or other expenses.
k. Mileage reimbursement for those receiving a monthly vehicle allowance.
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Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual
l. Vehicle rental expenses when the mode of transportation to the event or destination was not air travel.
m. The use of private aircraft for the conduct of City business is expressly prohibited.
Prior to Trip – Advance Approval
(a) Advance Approval for City Employees. When requesting to travel either overnight or via airplane, City Employees must request advance approval from the person charged with approving the expenditure in compliance with this Policy. Such request shall be submitted using the Travel Authority & Expense Request form.
Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the employee will be held responsible for all expenses incurred and will be required to reimburse the City. (b) Advance Approval for Elected Officials. When requesting to travel either overnight or via airplane, Elected Officials must request advance approval from the City Council during a regular City Council meeting using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the Elected Official will be held responsible for all expenses incurred and will be required to reimburse the City. (c) Travel Request Forms. The Travel Authority & Expense Request form can be found on the Employee Intranet page.
Transportation
The method of transportation used by individuals will be the most practical and economical, with due consideration given to the time involved, extra meals, lodging costs and the mission to be accomplished.
The objective of this administrative policy is to ensure the lowest reasonable cost for travel. It is not intended to create hardships for City Employees or Elected Officials. Each Department may consider employees’ convenience in providing flexibility to those who travel by vehicle.
If several employees are authorized to attend the same conference/meeting, the Department shall coordinate travel arrangements to minimize transportation costs to the City.
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Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual
Air Travel
(a) Commercial Airlines: The City of San Bernardino will pay for coach roundtrip airfare. Employees are expected to take advantage of discounts whenever possible; however, employees are not required to fly at unusual times in order to qualify for discounts. Employees may retain frequent flyer miles and similar travel awards; however, employees shall not pay a higher price for the fare in order to obtain frequent flyer miles.
a. Baggage Fees: The City of San Bernardino will pay for the cost of one checked bag per employee traveling. Additional baggage fees will be covered only with written permission of the employee’s Director. b. Upgrades: Other upgrades such as seat selections, travel insurance, and internet on planes may be approved at the discretion of the Director. (b) First-Class Airfare: The City will only pay coach class fares, however, employees may choose to upgrade their seats provided that they pay the difference between the coach fare and the fare for the upgrade.
Vehicle Use
(a) City Vehicles: Motor pool vehicles or those vehicles assigned to departments should be used when available. When using City Vehicles, employees should use their City Purchasing Card (P-Card) to purchase gasoline and/or emergency repairs whenever practical. Employees without a City P-Card will be reimbursed for the cost of gasoline and/or emergency repairs (receipts are required). For additional information on P-Card usage, please see the City of San Bernardino Purchasing Card Policy.
(b) Rental Vehicles: When renting vehicles, the employee should purchase the blanket insurance coverage. The appropriate size of the rental vehicles should depend on such factors as the number of passengers and the amount of luggage or equipment being carried. If a car rental is approved, the employee may use a City P-Card or request reimbursement upon return. Receipts must be provided in order to obtain reimbursement.
(c) Car Services/Taxis/Public Transportation: The City of San Bernardino will reimburse employee’s reasonable car fare plus gratuity for required transportation.
No more than a 20% tip will be reimbursed. Receipts must be retained and attached to the Travel Authority & Expense Request form. (d) Personal Vehicles: Employees may use their personal vehicle for City travel.
Supporting documentation (i.e. Google maps directions) must be attached to the Travel Authority & Expense Request form. The City of San Bernardino will pay the Internal Revenue Service mileage rate in effect at the time of travel. For all mileage Packet Pg. 2268
Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual
reimbursement, the employee’s office is to be used as the starting point per IRS rules. When an employee is using his/her personal car on a trip and the destination is more than 300 miles from the employee’s office (one-way), the City will not reimburse the employee for expenses such as lodging, meals and incidental, while in transit, which exceed the cost of a 21-day advance round-trip coach airfare. Any travel time that is greater than the time required to travel by scheduled airlines will be considered vacation time. Normal travel time will not exceed one day. The City shall reimburse the employee for the actual mileage involved in the travel.
Reimbursed mileage rate is the Standard Federal Mileage Rate set by the Internal Revenue Service for the current year. Personal car mileage reimbursements are made based on the actual mileage. No cash advance for mileage is allowed. a. Personal car travel reimbursement is limited to the lesser of either the cost of making the trip by 21-day advance coach airfare or mileage reimbursement.
b. The City will pay for additional work-related mileage at the destination. A mileage log or other documentation (i.e. Google map) must be attached to the Travel Authority & Expense Request form.
c. When travel is by airfare, the City will pay for airport parking expenses. For airport parking, supporting documentation must be attached to the Travel Authority & Expense Request form and can be obtained from the airport’s website. Mileage reimbursement to the airport will be calculated from the employee’s office per IRS rules.
d. If an employee is driving a personal vehicle outside of the City and has car failure, the City will pay the expense of towing the vehicle to the nearest garage, over and above the employee’s personal towing insurance coverage. The employee must pay for all repairs. The towing and insurance documentation, reflecting the amount covered, must be attached to the Travel Authority & Expense Request form.
e. Mileage will not be reimbursed to employees using City vehicles or who receive auto allowances.
f. To drive a privately owned vehicle on City business, the employee must:
i. Possess a valid California driver’s license.
ii. Carry liability insurance, as required by the State of California. iii. Acknowledge that any damage to the employee’s personal vehicle and/or service or repair occurring on the trip will be the employee’s responsibility, as these costs are included in the City’s per mile cost reimbursement.
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Employees are required to notify Human Resources, Risk Management Division at (909) 384-5308 and the employee’s supervisor as soon as possible (within 24 hours) of any event, incident or accident related to rental cars or City vehicles. The employee must complete the “Vehicle Accident Report” form.
Compensation for Travel Time
When travel time exceeds the normal workweek, the City's rules for overtime apply to those City Employees eligible for overtime pursuant to applicable state and federal laws or as outlined in the various Memorandums of Understanding. In determining overtime compensation, normal commute time between the employee’s residence and the employee’s work location should be deducted from the total travel time. Additionally, normal unpaid meal periods are not considered work time while traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the travel occurs during normal workdays or on weekends or evenings. Elected Officials are not compensated for travel time.
It is the responsibility of Department Heads, Division Managers and first line supervisors to schedule travel in a manner that the use of overtime by employees is either not required or is minimized as much as possible.
Lodging
Actual lodging expenses will be allowed for City Employees and Elected Officials attending conferences, seminars, meetings, or workshops that are more than 75 miles from their normal work site. Lodging at destinations that are less than 75 miles from the normal work site will not be paid for or reimbursed by the City unless it is a multi-day conference. All lodging must be approved in advance.
The City encourages travelers to stay at conference/venue hotels whenever available. If these hotels are not available, nearby hotels within easy walking distance or those with shuttle service to the venue should be considered next. The accommodations used should be economical but practical. In general, the employee should select the most reasonably priced accommodations available consistent with the purpose and goals of the travel and within a reasonable distance of the event.
The City will pay no more than the cost of a single occupancy room. If an employee shares a room with someone who is not an employee of the City or who is not traveling on City business and the room cost is higher than the single room rate, the employee is responsible for paying the difference in cost. Meals ordered through room service will be subject to the GSA Per Diem Rate.
(a) Hotel Rooms
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a. For events starting before noon, lodging will be provided the night prior through the last day of the event.
b. Lodging costs may be paid to the hotel directly by the employee, by using a City P-Card or travel advanced to the employee prior to departure if a City P-Card is not used.
(b) Lodging expenses shall be reimbursed on an actual cost basis. If a room at a conference/venue hotel is not available, the City Employee or Elected Official should attach documentation showing room rates from three hotels in the vicinity for the same dates, if available, to demonstrate the reasonableness of the lodging cost for the locale. Printouts from hotel reservation websites are acceptable for this purpose.
(c) When making lodging reservations in a conference/venue hotel, be sure to ask for the “group rate” for the conference or event. Most companies who host seminars/conferences will offer group rates to attendees. On average, group rates are 15-40% lower than standard rates. If there is no group rate offered, inquire if there is a “government rate” available. Some cities exempt travelers on government business from the local Transient Occupancy Tax (TOT). This can be as high as 12-15% savings on lodging costs depending on the local TOT rate. (d) Telephone: Employees should avoid using hotel provided phones whenever possible. It is recommended that employees who do not have access to a cell phone purchase a pre-paid calling card. Employees who possess City of San Bernardino cell phones should use that phone.
(e) Internet: Internet connection fees will be reimbursed at the discretion of the Department Director.
(f) Incidental Expenses: Incidental expenses covered as part of the GSA Per Diem Rate for meals and incidental expenses include: fees and tips given to porters, baggage carriers, bellhops, and restaurant servers.
(g) Itemized receipts for lodging expenditures must be attached to the Travel Authority & Expense Request form when submitted for processing.
Meals and Incidentals
Meal expenses incurred by City Employees or Elected Officials while traveling shall be reimbursed according to the GSA Per Diem Rate for the destination, available at www.gsa.gov/perdiem. If neither the city nor county is specifically listed, the rate for meals and incidental expenses will be the standard GSA Per Diem destination rate.
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The City will pay for meals at scheduled seminars, training sessions, and other meetings but will not reimburse for meals included in the conference fee. If meals are included in the conference fee, the Per Diem allowance will be reduced by the amount of the included meal using the GSA Per Diem breakdown, example below. (M&IE Breakdown, 2021) M&IE Total
Continental
Breakfast/
Breakfast Lunch Dinner Incidentals
First and
Last day of
Travel
(75%)
$55 $13 $14 $23 $5 $41.25
$56 $13 $15 $23 $5 $42.00
$61 $14 $16 $26 $5 $45.75
$66 $16 $17 $28 $5 $49.50
$71 $17 $18 $31 $5 $53.25
$76 $18 $19 $34 $5 $57.00
Note: This M&IE breakdown is an example. Please refer to the current GSA rates and breakdown at www.gsa.gov/perdiem.
A conference itinerary/schedule must be included as supporting documentation. The City will not pay for social or recreational conference functions that are separate ticketed events not included in the base conference registration fee without prior approval of the Director (to be noted on Travel Authority & Expense Request form). Meal related tips are included in the per diem rate total.
(a) Meals Paid with a Purchasing Card
a. Employees using their P-Card for travel-related meals must retain itemized receipts and submit them as usual as part of the P-Card process. Use of a P-Card for meals should be indicated on the Travel Authority & Expense Request form with copies of the receipts attached.
b. P-Card payment for meals should not exceed the per diem rate established by the GSA. Any cost in excess of the GSA established per diem rate must be reimbursed by the employee within ten (10) business days of reconciliation of travel documents.
c. If the per diem breakdown for a meal is higher than a P-Card payment for that meal, the P-Card User is not entitled to receive the difference as a reimbursement.
d. If a meal is purchased with a P-Card and the receipt is lost, or the P-Card User does not retain the itemized receipt, the User must attach a memo to the Travel Authority & Expense Request form explaining the lost receipt. e. While Authorized P-Card Users may use their P-Card to purchase meals during travel, it is recommended that travelers either request a travel advance or pay out of pocket and request reimbursement for meals.
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i. Using P-Cards to pay for meals requires the retention of itemized meal receipts while traveling.
ii. There is a greater administrative burden in reconciling both the Travel Authority & Expense Request form and P-Card transactions to ensure that expenses are recorded accurately.
(b) Meals Reimbursed or Paid with a Travel Advance
a. Employees paying for meals out of pocket or with a travel advance DO NOT need to retain receipts. Meals will be reimbursed, or a travel advance provided at the GSA Per Diem Rate.
If requesting a meal payment or reimbursement for a guest, the City Employee or Elected Official must include the name and business relationship of the guest to substantiate the expense. Only actual and necessary expenses incurred in the performance of official duties will be paid or reimbursed. Meal expenses of family members or those with a personal relationship with the Elected Official or City Employee will not be paid or reimbursed, unless a separate and defined business relationship is established and only if such payment or reimbursement is not prohibited by any other applicable laws, rules, or regulations.
One-day Travel
Meal payment or reimbursement does not include meals eaten prior to or after a trip. If travel on City business does not require a full 24-hour day, only meals that are required as part of the trip, as determined by the City Council, Department Head, or City Manager will be paid or reimbursed. As a general guideline, if a City Employee is being paid to work on the day that the expense is incurred, payment or reimbursement will not be provided for expenses incurred for meals that would typically be eaten before the Elected Official or City Employee normally leaves his or her home for work or expenses incurred for meals that would typically be eaten after the Elected Official or City Employee normally arrives home from work. Travel-related meals will be reimbursed if an overnight stay is required or if multiple trips are required during two or more consecutive days.
If a Department Director authorizes meal reimbursement for an employee for a daytrip related to training or other City business and the day-trip is for more than 12 hours and less than 24 hours, the employee will receive reimbursement at 75% the GSA Per Diem Rate (travel day rate). If a Department Director authorizes a meal reimbursement for a day-trip that is less than 12 hours, the employee will receive reimbursement for specific meals during the trip only. Because IRS regulations identify daytrip meals as taxable to the employee, any meal reimbursement for a daytrip will be reported on the employee’s W-2 form and subject to employment taxes in accordance with these regulations. That is, if travel does not require an overnight stay, meal expenses may be reimbursed with Packet Pg. 2273
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Department Director approval but must also be added to the employee’s wages for tax purposes. (IRS Pub. 5137)
Extended Travel
Employees attending training or conferences for an extended time period, more than seven consecutive days, may elect to purchase groceries and prepare their meals during their training/conference.
(a) Groceries reimbursed or paid with a travel advance. a. Employees paying for groceries out of pocket or with a travel advance DO NOT need to retain receipts. The GSA Per Diem will be calculated in the aggregate for the extended travel time to determine the amount of the advance or reimbursement.
b. No individual meals will be reimbursed or included in the travel advance. c. Any meals provided during the training/conference will be deducted from the reimbursement/advance amount at the M&IE breakdown amount. (b) Groceries paid for with a P-Card.
a. While P-Card users may use their P-Card to pay for groceries while traveling, it is recommended that travelers either request a travel advance or pay out of pocket and request reimbursement for groceries. b. If a P-Card is used to purchase the groceries, the employee must retain and submit grocery receipts and submit them as usual as part of the PCard process. Use of a P-Card for groceries must be indicated on the Travel Authority & Expense Request form with copies of the receipts attached.
c. Meals purchased in addition to groceries. If meals are also purchased on a P-Card during extended travel, the employee must retain and submit itemized receipts and submit them as usual as part of the P-Card process and use of a P-Card for groceries and meals must be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. The total cost of groceries and meals purchased may not exceed the aggregate Per Diem.
d. Any meals provided as part of the conference/training fee will be deducted from the aggregate Per Diem at the M&IE breakdown amount. e. P-Card charges for groceries and meals exceeding the Per Diem rate in the aggregate must be repaid to the City within ten (10) business days of reconciliation of travel documents.
f. If the total paid for groceries on a P-Card is less than the aggregate Per Diem, the P-Card User is not entitled to receive the difference as a reimbursement.
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g. An employee electing to purchase and prepare food during an extended stay may purchase food to be consumed during the travel period only. h. No reimbursement will be made for incidentals including kitchen utensils, cookware, kitchen supplies and sundries, except for basic paper goods such as napkins and paper towels or their reusable equivalent. It is incumbent upon the traveler to verify that the hotel has an adequately stocked kitchenette when making reservations.
(c) The City will not pay for laundry services or dry cleaning.
Payments to Vendors, Cash in Advance and Employee Reimbursement The City will pay all legitimate travel expenses for City Employees and Elected Officials traveling on authorized City business. These include transportation, lodging, registration fees, meals, and other related expenses if they are for official business and fit within the guidelines established in this policy.
(a) There are four ways to pay for travel expenses:
a. Direct Vendor Payments - Are made by the City to an organization to pay for specific costs related to a trip. These are usually registration fees, lodging, or airfare and can be paid through accounts payable or through the use of a City P-Card.
b. Cash Advance - Advance payments to the City Employee or Elected Official may be requested for estimated expenses for travel. Requests for advance payments, with an itemized list of estimated expenses, shall be submitted on the Travel Authority &Expense Request form to the Finance Department at least seven (10) business days prior to the event and must be approved by the Department Head, Director of Finance and City Manager or the City Council for advance payment requests from Elected Officials. Funds will be released no more than seven (7) days prior to the event departure date. Travel advances will not be issued to employees to whom City P-Cards have been issued. In addition, travel advances will not be issued for mileage or items that were paid prior to attending the event (i.e., registration fees).
c. Per Diem - For City Employees or Elected Officials electing Per Diem payment for meal expenses, the City shall reimburse at the fixed GSA Per Diem Rates on a meal-by-meal basis based upon the locality of travel.
Receipts shall not be required for Per Diem reimbursement, provided that records pertaining to the time, place and official business purposes of the event or activity are submitted. City Employees or Elected Officials electing Per Diem reimbursement shall not incur meal expenses on City issued credit cards (P-Cards) or seek actual cost reimbursement for meal Packet Pg. 2275
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expenses covered by Per Diem reimbursement. Payment of the fixed GSA Per Diem Rates shall be made after the event or activity has occurred and shall not be paid to City Employees or Elected Officials in advance. d. Reimbursement - occurs when the employee or Elected Official elects to pay for all travel related expenses first, and is reimbursed upon completion of the travel.
(b) Upon return from the event, all expenses incurred will need to be accounted for by completing the bottom portion of the Travel Authority & Expense Request and return the unused portion of the cash advance within seven (7) business days. (c) If a trip was cancelled, all advance travel payments shall be returned to the City within five (5) business days after the employee receives a notice of cancellation. (d) The employee will be reimbursed the difference if the actual, authorized expenses incurred exceed the amount advanced consistent with the guidelines set forth in this policy.
Procedure:
The following are step-by-step instructions for obtaining approval for travel requests.
Action/Responsibility: Department Travel Coordinator
(a) In as far in advance as possible but at least thirty (30) days prior to the date of departure, prepare Part 1 of the Travel Request & Expense Request form to include the following:
a. Details of travel: attach registration form or flyer describing the event showing location, dates, times, costs, etc.
b. For lodging requests, attach supporting documentation related to the group rate or government rate when offered or comparison room rates for the locale.
c. Obtain approval from the City Employee’s Department Head, Director of Finance, and the City Manager, or from City Council for Elected Officials. (b) After approval, the responsible Travel Coordinator should make the arrangements for the trip payable to the traveler or service provider for:
a. Transportation
b. Lodging
c. Registration / Tuition fee
d. Meals
e. Other expenses covered by this Policy
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Action/Responsibility: Department Head
(a) Assign a designated employee to function as the Department Travel Coordinator to maintain travel request documents and to coordinate advance payment and/or reimbursement of employees’ travel expenditures with Accounts Payable. (b) Receive travel documents from Department Travel Coordinator and review forms for completeness and accuracy.
(c) Approve or deny local travel requests.
Action/Responsibility: Finance Department
(a) Review all travel forms/documents for completeness and compliance with this policy and inform Department of non-compliance issues.
(b) Process City Employees’ or Elected Officials’ travel expenditures in accordance with this policy.
Reconciliation and Verification of Expenses
The following are step-by-step instructions for reconciliation and verification of travel expenses.
Action/Responsibility: Employee or Elected Official
Within seven (7) working days of return date to work:
(a) If less money than the travel advance was spent, submit the unspent funds made payable to the City of San Bernardino and provided to the Department Travel Coordinator with the original receipts.
(b) If more money than the travel advance was spent, submit the receipt for the expense along with an explanation to the Department Travel Coordinator.
Subject to the guidelines set forth in this policy, the difference may be reimbursed upon approval.
Action/Responsibility: Department’s Travel Coordinator
(a) Attach all receipts required in this policy to the Travel Authority & Expense Request form. Complete Part 2 of the form and submit to the employees’ Department Head and Director of Finance for review and approval, or for Elected Officials, submit to Director of Finance.
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CITY OF SAN BERNARDINO
TRAVEL AUTHORITY & EXPENSE REQUEST
Part 1. Travel
Name & Title of Requestor Authority Department Date of Request Destination City Dates Purpose of Travel
Destination Hotel: Post Approved
Yes (Plan ) / No
Hotel Government Rate: $
N/A: Reason:
Hotel Group Rate: $
N/A: Reason:
Hotel Per Diem Rate: $
Please attach the government rate, group rate, and/or the Per Diem Rate as applicable to this form.
Comments:
Signature of Requestor: Estimate Cost of Trip: $
Date: Advance Money Requested: $
Office Phone: Account number:
Indicate if travel was included in the Department Budget Yes No APPROVED (Department Head Signature):
FUNDS AVAILABLE (Director of Finance Signature):
APPROVED (City Manager/City Council Signature):
Part 2. Expense
EXPENSE CATEGORIES: Report Paid by City Paid by Traveler Transportation: Air City Car
Private Car (Mileage )
Other
$ $
Garage and/or Parking $ $
Lodging $ $
Registration Fees $ $
Meals $ $
Other $ $
Other $ $
TOTAL EXPENSE $ $
Amount Paid by Traveler $
Cash Advance – Check No: $ I hereby certify that this is a true Balance Due to Traveler/City $ and correct statement of expenditures.
Receipt or Check No:
Traveler Signature
APPROVED (Department Head Signature)
APPROVED (Director of Finance Signature)
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Ben Reynoso, Council Member, 5th Ward
Department: Council Office
Subject: Day Laborer and Street Vendor Work Center (All Wards) - Council Member Reynoso
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: July 20, 2022
To: Honorable Mayor and City Council Members
From: Damon L. Alexander, Council Member, 7th Ward
Department: Council Office
Subject: Non Fossil Fuel Fleet Vehicles for City of San Bernardino (All Wards) – Council Member Alexander
Recommendation
That all City of San Bernardino fleet vehicles be something other than fossil fuel. That the City of San Bernardino set the example in clean energy vehicles within its fleet and the region. That an ordinance be written to reflect such change. That this change be phased in within the 5 years. Where it is not possible to use other than fossil fuels vehicle, we continue to use regular gas vehicles until such time it becomes available.
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