Agenda packet — Mayor and City Council, September 21, 2022 (part 5 of 6)

RESOLUTION NO.______

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING A SIDE LETTER AGREEMENT BETWEEN

THE CITY OF SAN BERNARDINO AND ALL BARGAINING

GROUPS ADDING JUNETEETH AS AN OBSERVED

HOLIDAY
WHEREAS, Juneteenth commemorates June 19, 1865, when Major General Gordon Granger arrived in Galveston, Texas, and read a federal order abolishing the institution of slavery in the state; and
WHEREAS, U.S. President Biden signed the Juneteenth National Independence Day Act in 2021, making it a federal holiday.

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

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

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

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 ___ day of __________ 2022.

John Valdivia, Mayor
Packet Pg. 1002
Resolution No. 2022-
Resolution 2022-

Page 2 of 3 ends

City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 1003
Resolution No. 2022-
Resolution 2022-

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

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

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

Genoveva Rocha, CMC, City Clerk
Packet Pg. 1004

EXHIBIT A

SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 12 (“UNION”)

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

1. Article V, Section 2, Subsection A of the MOU shall be revised to read as follows:

A. Holiday Leave Accrual. City Designated Holidays: Employees shall be entitled to thirteen (13) City-designated holidays, the equivalent of one hundred and seventeen (117) holiday hours each year for those employees on a 5/40 or a 9/80 regular work schedule. Those employees on a 4/10 work schedule shall be entitled to thirteen (13) City-designated holidays, the equivalent of one hundred thirty (130) holiday hours each year. The following days will be holidays for the purpose of this MOU:

New Year's Day
Martin Luther King, Jr. Day
President’s Day
Memorial Day
Independence Day
Juneteenth
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
In addition to the above, all employees, including new employees, shall be credited with eighteen (18) hours of Holiday Account time per calendar year (formerly floating Holidays). All hours of holiday leave will be credited to an employee’s account on January 1st of each year this MOU is in effect.

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

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

Packet Pg. 1005

EXHIBIT A
___________________________________
International Union of Operating Engineers Local 12
Date: ____________________________
___________________________________
Robert D. Field, City Manager
City of San Bernardino
Date: ____________________________
___________________________________
International Union of Operating Engineers Local 12
Date: ____________________________
___________________________________
International Union of Operating Engineers Local 12
Date: ____________________________
Packet Pg. 1006

EXHIBIT A

SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE TEAMSTERS, LOCAL 1932 (“UNION”) REPRESENTING THE MIDDLE MANAGEMENT

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

1. Article V, Section 2, Subsection A of the MOU shall be revised to read as follows:

A. City-Designated Holidays: All full-time employees within the bargaining unit, with the exception of those employees mentioned in the following paragraphs shall be entitled to thirteen (13) City-designated holidays, the equivalent of up to one hundred and thirty holiday hours each year depending upon the employee’s work schedule as defined in this MOU:

New Year's Day
President’s Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Juneteenth
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Plus eighteen (18) hours of Holiday Account time per year (See Subsection C).

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

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

Packet Pg. 1007

EXHIBIT A
___________________________________
David Farugia, Business Agent
Teamsters, Local 1932
Date: ____________________________
___________________________________
Robert D. Field, City Manager
City of San Bernardino
Date: ____________________________
Packet Pg. 1008

EXHIBIT A

SIDE LETTER TO THE EMPLOYEE COMPENSATION AND BENEFITS PLAN (RESOLUTION NO. 2021-269) BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE SAN BERNARDINO CONFIDENTIAL AND MANAGEMENT ASSOCIATION (“ASSOCIATION”)
The City and the Association hereby agree to a modification of the terms and conditions set forth in the Employee Compensation and Benefits Plan (2020-2025) between the City and the Association (hereinafter referred to as “the Plan”) as follows:

1. Section 1, Subsection 8 of the Plan shall be revised to read as follows:

8. Holidays: All full-time employees within the Management/Confidential group shall be entitled to thirteen (13) City-designated holidays, the equivalent of one hundred thirtyfive (135) holiday hours each year for those employees working a 5/8 or 9/80 work schedule and one hundred forty-eight (148) holiday hours each year for those employees working on a 4/10 work schedule. City designated holidays shall include:

New Year's Day
President’s Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Juneteenth
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
On January 1st of each year that this Resolution is in effect, all SBCMA members will receive an additional eighteen (18) hours of holiday leave (“Floating Holidays”).

SBCMA members working a 5/8 or 9/80 work schedule may only carry over 135 hours per fiscal year; SBCMA members working a 4/10 work schedule may only carry over 148 hours per fiscal year. On June 30th any holiday bank hours exceeding 135 or 148 hours will be forfeited. On or about November 30th of each calendar year, the City Manager shall determine, and the Human Resources Director will distribute, the schedule of specific days that the thirteen designated holidays will be observed for the next calendar year. At the time of separation from employment, SBCMA members will receive a payout of 100% for all accrued but unused post-petition holiday pay.

Packet Pg. 1009

EXHIBIT A

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

3. All other terms and conditions of the Plan shall remain the same. ___________________________________
Stephanie Sanchez, President
San Bernardino Confidential/Management Association
Date: ____________________________
___________________________________
Robert D. Field, City Manager
City of San Bernardino
Date: ____________________________
Packet Pg. 1010

EXHIBIT A

SIDE LETTER TO THE EMPLOYEE COMPENSATION AND BENEFITS PLAN (RESOLUTION NO. 2022-59) BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND EXECUTIVE EMPLOYEES (“EXECUTIVES”)
The City and the Executives hereby agree to a modification of the terms and conditions set forth in the Employee Compensation and Benefits Plan (2022-2025) between the City and the Executives (hereinafter referred to as “the Plan”) as follows:

1. Section 1, Subsection 10 of the Plan shall be revised to read as follows:

8. Holidays: Executives shall be entitled to thirteen (13) City-designated holidays, the equivalent of one hundred thirty-five (135) holiday hours each year for those Executives working a 5/8 or 9/80 work schedule and one hundred - forty-eight (148)holiday hours each year for those Executives working on a 4/10 work schedule.

On January 1st of each year that this Resolution is in effect, all Executives will receive an additional eighteen (18) hours of holiday leave (“Floating Holidays”). Executives working a 5/8 or 9/80 work schedule may only carry over 135 hours per fiscal year; Executives working a 4/10 work schedule may only carry over 148 hours per fiscal year. On June 30th any holiday bank hours exceeding 135 or 148 hours will be eligible for sellback. On or about November 30th of each calendar year, the City Manager shall determine, and the Human Resources Director will distribute, the schedule of specific days that the thirteen designated holidays will be observed for the next calendar year.

At the time of separation from employment, Executives will receive a payout of 100% for all accrued but unused post-petition holiday pay.

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

3. All other terms and conditions of the Plan shall remain the same. ___________________________________
Robert D. Field, City Manager
City of San Bernardino
Date: ____________________________
Packet Pg. 1011

EXHIBIT A

SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE SAN BERNARDINO POLICE DISPATCH ASSOCIATION (“ASSOCIATION”)
The City and the Association hereby agree to a modification of the terms and conditions set forth in the Memorandum of Understanding (2021-2025) between the City and the Association (hereinafter referred to as “MOU”) as follows:

1. Article V, Section 2, Subsection A of the MOU shall be revised to read as follows:

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

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

Packet Pg. 1012

EXHIBIT A
___________________________________
Matthew Abrego, President
San Bernardino Police Dispatch Association
Date: ____________________________
___________________________________
Robert D. Field, City Manager
City of San Bernardino
Date: ____________________________
Packet Pg. 1013

EXHIBIT A

SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE SAN BERNARDINO POLICE OFFICERS ASSOCIATION (“ASSOCIATION”)
The City and the Association hereby agree to a modification of the terms and conditions set forth in the Memorandum of Understanding (2020-2025) between the City and the Association (hereinafter referred to as “MOU”) as follows:

1. Article V, Section 3, Subsection A of the MOU shall be revised to read as follows:

A. Employees shall be entitled to 11 City-designated holidays, the equivalent of 110 holiday hours each year, as listed below.

New Year’s Day
Memorial Day
Independence Day
Juneteenth
Labor Day
Veteran’s Day (November 11)
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year’s Eve
Additionally, employees shall be entitled to one ten (10) hour floating holiday effective January 1 of each year. Only unit employees who have satisfactorily served in the employ of the City continuously for at least six (6) months in a full-time position shall be eligible to take floating holidays. Employees shall not be allowed to use unearned holiday time.

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

3. All other terms and conditions of the MOU shall remain the same. ___________________________________
Jonathan Plummer, President
San Bernardino Police Officers Association
Date: ____________________________
___________________________________
Robert D. Field, City Manager
City of San Bernardino
Date: ____________________________
Packet Pg. 1014

EXHIBIT A

SIDE LETTER TO THE EMPLOYEE COMPENSATION AND BENEFITS PLAN (RESOLUTION NO. 2015-255) BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND SAN BERNARDINO POLICE MANAGEMENT ASSOCIATION (“ASSOCIATION”)
The City and the Association hereby agree to a modification of the terms and conditions set forth in the Employee Compensation and Benefits Plan between the City and the Association (hereinafter referred to as “the Plan”) as follows:

1. Section 2, Subsection H of the Plan shall be revised to read as follows:

H. Holidays:

All participants shall receive the following paid holidays:

New Year' s Day
Martin Luther King Day
President' s Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran's Day
Thanksgiving
Day-After Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
January 1st
3rd Monday in January
3rd Monday in February
Last Monday in May
June 19th
July 4th
1st Monday in September
November 11th
4th Thursday in November
4th or 5th Friday in November
December 24th
December 25th
December 31st
Two (2) Floating Holidays (18 holiday hours)
Holidays listed above shall be allowed on a Monday, if any such holiday falls on Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a Saturday, for all employees except those covered by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the holiday eves will be observed on Mondays and Tuesdays.

Holidays will accrue at nine (9) hours per holiday. Holidays earned in any twelve-month period are not accumulative beyond the total number of holidays allowed each year by this pay plan. Employees may not exceed a balance of135 hours at any time.

SBPMA members shall be paid for his/her holiday account balance, upon separation from the City.

Packet Pg. 1015

EXHIBIT A

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

3. All other terms and conditions of the Plan shall remain the same. ___________________________________
Adam Affrunti, President
San Bernardino Police Management Association
Date: ____________________________
___________________________________
Robert D. Field, City Manager
City of San Bernardino
Date: ____________________________
Packet Pg. 1016

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 21, 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: Approving Job Classifications and Amending the Salary Schedule
Recommendation
Adopt Resolution No. 2022-198 of the Mayor and City Council of the City of San Bernardino, California:

1. Establishing the Human Resources Trainee, Human Resources Analyst I, and Human Resources Analyst II job classifications; and

2. Amending the City-wide salary schedule or full-time, part-time, temporary, and seasonal positions.

Background
As the City continues its efforts to meet its goal of improving service delivery, staff recommends establishing additional classifications within the Human Resources Analyst job series to enhance organizational efficiency.

The approval of the Human Resources Trainee, Human Resources Analyst I, and Human Resources Analyst II classifications will better position the Human Resources team to reduce turnover as employees will have an accurate reflection of work expectations, and career progression within the department. This job series will aid the City in recruiting top tier talent and will allow the organization to retain high performing staff and better position the department for accomplishing priority action items.

Packet Pg. 1017
The Human Resources department has been experiencing high turnover, due in part to needing job classifications that more accurately reflect the level and complexity of the work. The department is losing talent to other agencies because of the high-level of work expectations and scope of job functions that are misaligned with similar job titles and classifications at other agencies. In the current departmental structure entry level positions are equivalent to journey level positions elsewhere. The additional classifications will not only allow the department to realign positions to be more in-line with competing agencies, but also provide clear career progression for high-performing employees, directly addressing turnover.

Discussion
Human Resources Trainee
This is the entry and probationary level position in the Human Resources Analyst job series. The Human Resources Analyst Trainee will be a classified position in the Management and Confidential bargaining unit, responsible for performing a variety of semi-complex to complex duties in support of the daily operations of the Human Resources Department; coordinating the administration of the City’s benefit programs for both active and retired employees; and performing a variety of special projects as assigned. This position will be in salary range 476, $5,029-$6,113/month.

Human Resources Analyst I
This is the entry level position in the Human Resources Analyst job series. The Human Resources Analyst I will be a classified position in the Management and Confidential bargaining unit, responsible for performing complex and varied technical, professional, and confidential work required to administer human resources programs, including recruitment, job analysis, classification and compensation, training and development, and employee and labor relations; performing research and analysis; and providing consulting services to City departments relating to all aspects of human resources programs and activities. This position will be in salary range 500, $5,668- $6,889/month.

Human Resources Analyst II
This is the journey level position in the Human Resources Analyst job series. The Human Resources II will be a classified position in the Management and Confidential bargaining unit, responsible for performing a wide variety of journey level professional, administrative, analytical, and coordination duties in support of human resources functions and programs including recruitment, selection, performance evaluation, classification, compensation, employee benefits and programs, and risk management.

This position will be in salary range 518, $6,201-$7,537/month.

As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.

Packet Pg. 1018
2021-2025 Key Strategic Targets and Goals
Establishing the proposed classifications and amending the salary schedule aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to improve service delivery and function more efficiently.

Fiscal Impact
There is no fiscal impact to the City for establishing job classifications, these are additional classifications only and do not add new positions.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-198:

1. Establishing the Human Resources Trainee, Human Resources Analyst I, and Human Resources Analyst II job classifications; and

2. Amending the City-wide salary schedule or full-time, part-time, temporary, and seasonal positions.

Attachments
Attachment 1 Resolution 2022-198
Attachment 2 Resolution 2022-198; Exhibit A – City-wide Salary Schedule
Ward
All Wards
Synopsis of Previous Council Actions
August 17, 2022 Mayor and City Council adopted Resolution No. 2022-179 amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

Packet Pg. 1019
Resolution No. 2022-198
Resolution 2022-198

Page 1 of 3 ends

RESOLUTION NO. 2022-198

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING 1. ESTABLISHMENT OF THE HUMAN

RESOURCES TRAINNEE, HUMAN RESOURCES

ANALYST I, AND HUMAN RESOURCES ANALYST II JOB
CLASSIFICATIONS; AND 2. AMENDMENT OF THE CITYWIDE SLARY SCHEDULE FOR FULL-TIME, PART-TIME,

AND SEASONAL POSITIONS
WHEREAS, The Human Resources department has been experiencing high turnover, due in part to needing job descriptions to accurately reflect the level and complexity of work deliverables;
WHEREAS, the approval of the Human Resources Trainee, Human Resources Analyst I, and Human Resources Analyst II classifications will better position the Human Resources team to reduce turnover as employees will have an accurate reflection of work expectations; WHEREAS, the salary schedule includes all adopted and approved classification and salaries; and
WHEREAS, the salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.

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

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

SECTION 2. The classification of Human Resources Trainee range 476, $5,029- $6,113/month, is hereby established and approved.

SECTION 3. The classification of Human Resources Analyst I range 500, $5,668- $6,889/month, is hereby established and approved.

SECTION 4. The classification of Human Resources Analyst II range 518, $6,201- $7,537/month, is hereby established and approved.

SECTION 5. The city-wide salary schedule incorporated herein as Exhibit A, is hereby approved.

Packet Pg. 1020
Resolution No. 2022-198
Resolution 2022-198

Page 2 of 3 ends

SECTION 6. 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 7. 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 8. Effective Date. This Resolution shall become effective immediately.

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 1021
Resolution No. 2022-198
Resolution 2022-198

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

Genoveva Rocha, CMC, City Clerk
Packet Pg. 1022
ADOPTED 9/21/22
EFFECTIVE 9/21/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30011 ACCOUNTANT I (FLEX) 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL 30012 ACCOUNTANT II 485 $5,366.34 MONTHLY $6,523.11 MONTHLY GENERAL 10012 ACCOUNTANT II ‐ PAYROLL 485 $5,259.93 MONTHLY $6,393.77 MONTHLY CONFIDENTIAL 20013 ACCOUNTANT III 520 $6,384.21 MONTHLY $7,760.40 MONTHLY MIDDLE MANAGEMENT10860 ACCOUNTING DIVISION MANAGER (U) 608 $9,714.05 MONTHLY $11,807.69 MONTHLY MANAGEMENT30017 ACCOUNTING TECHNICIAN I (FLEX) 399 $3,495.06 MONTHLY $4,247.23 MONTHLY GENERAL 30018 ACCOUNTING TECHNICIAN II 419 $3,860.93 MONTHLY $4,692.73 MONTHLY GENERAL 30030 ACCOUNTING TECHNICIAN III 437 $4,223.56 MONTHLY $5,133.91 MONTHLY GENERAL30709 ADMINISTRATIVE ASSISTANT 400 $3,512.28 MONTHLY $4,268.76 MONTHLY GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) 464 $4,736.79 MONTHLY $5,757.77 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U) 410 $3,618.78 MONTHLY $4,398.22 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,803.35 MONTHLY $4,622.88 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,334.87 MONTHLY $6,484.20 MONTHLY MIDDLE MANAGEMENT10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 535 $6,749.21 MONTHLY $8,203.68 MONTHLY MANAGEMENT09710 AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE09525 AGENCY DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 09760 AGENCY DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 30140 ANIMAL CONTROL OFFICER I (FLEX) 411 $3,710.28 MONTHLY $4,509.79 MONTHLY GENERAL 30141 ANIMAL CONTROL OFFICER II 424 $3,958.85 MONTHLY $4,812.17 MONTHLY GENERAL30092 ANIMAL LICENSE INSPECTOR 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL20320 ANIMAL SERVICES MANAGER 526 $6,577.74 MONTHLY $7,995.85 MONTHLY MIDDLE MANAGEMENT 30130 ANIMAL SERVICES REPRESENTATIVE 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL20319 ANIMAL SERVICES SUPERVISOR 478 $5,177.90 MONTHLY $6,293.90 MONTHLY MIDDLE MANAGEMENT30119 ANIMAL SHELTER ATTENDANT 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL00300 APPRENTICE (PT) 381 $2,969.00 MONTHLY $3,608.00 MONTHLY NA20620 AQUATICS SUPERVISOR 468 $4,925.24 MONTHLY $5,987.48 MONTHLY MIDDLE MANAGEMENT30400 ARBORIST 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL 30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,782.78 MONTHLY $7,028.87 MONTHLY GENERAL30271 ASSISTANT BUYER 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $21,242.00 MONTHLY $21,242.00 MONTHLY POLICE MANAGEMENT10644 ASSISTANT CITY MANAGER (U) 705 $15,758.71 MONTHLY $19,152.82 MONTHLY EXECUTIVE00212 ASSISTANT LITERACY PROGRAM COORDINATOR (PT) (GRANT FUNDED) 385 $3,029.00 MONTHLY $3,681.00 MONTHLY NA 30168 ASSISTANT PLANNER (FLEX) 486 $5,393.24 MONTHLY $6,555.40 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U) 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT10104 ASSISTANT TO THE MAYOR I (U) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U) 480 $5,130.20 MONTHLY $6,235.56 MONTHLY MANAGEMENT10106 ASSISTANT TO THE MAYOR III (U) 530 $6,583.62 MONTHLY $8,002.23 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U) 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 515 $6,227.24 MONTHLY $7,569.02 MONTHLY MIDDLE MANAGEMENT 00194 BACKGROUND INVESTIGATOR (PT) 493 $5,190.00 MONTHLY $6,308.00 MONTHLY NA 10060 BUDGET DIVISION MANAGER (U) 608 $9,714.05 MONTHLY $11,807.69 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 581 $8,490.57 MONTHLY $10,319.47 MONTHLY MANAGEMENT20250 BUILDING INSPECTION SUPERVISOR 542 $7,124.98 MONTHLY $8,660.29 MONTHLY MIDDLE MANAGEMENT30072 BUILDING INSPECTOR I (FLEX) 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL 30073 BUILDING INSPECTOR II 487 $5,420.15 MONTHLY $6,587.68 MONTHLY GENERAL City of San Bernardino
Salary Schedule
SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 1  of 7
   
 Packet Pg. 1023
ADOPTED 9/21/22
EFFECTIVE 9/21/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30074 BUILDING INSPECTOR III 511 $6,108.83 MONTHLY $7,425.93 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U) 613 $9,959.81 MONTHLY $12,105.12 MONTHLY MANAGEMENT30502 BUSINESS REGISTRATION INSPECTOR 459 $4,713.17 MONTHLY $5,728.98 MONTHLY GENERAL20263 BUSINESS REGISTRATION MANAGER 530 $6,711.05 MONTHLY $8,157.12 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,860.93 MONTHLY $4,692.73 MONTHLY GENERAL30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,058.92 MONTHLY $4,932.69 MONTHLY GENERAL 20271 BUYER 460 $4,732.79 MONTHLY $5,753.10 MONTHLY MIDDLE MANAGEMENT30292 CEMETERY CARETAKER 395 $3,425.12 MONTHLY $4,163.30 MONTHLY GENERAL 10398 CHIEF DEPUTY CITY CLERK (U) 565 $7,838.75 MONTHLY $9,528.42 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE NA $22,195.99 MONTHLY $27,083.33 MONTHLY EXECUTIVE 10399 CITY CLERK (U) NA $10,590.00 MONTHLY $12,873.00 MONTHLY NA00601 CITY COUNCIL NA $1,166.67 MONTHLY $1,166.67 MONTHLY NA 10370 CITY MANAGER (U) NA $23,750.00 MONTHLY $23,750.00 MONTHLY MANAGEMENT10495 CIVIL ENGINEERING DIVISION MANAGER (U) 620 $10,313.14 MONTHLY $12,535.45 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U) 563 $7,760.70 MONTHLY $9,433.50 MONTHLY MANAGEMENT30450 CODE ENFORCEMENT OFFICER I (FLEX) 441 $4,308.57 MONTHLY $5,237.22 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 472 $5,029.53 MONTHLY $6,113.13 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,181.88 MONTHLY $6,298.84 MONTHLY CONFIDENTIAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,417.25 MONTHLY $5,369.57 MONTHLY GENERAL30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U) 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,639.98 MONTHLY $9,286.03 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,307.83 MONTHLY $4,021.26 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,442.38 MONTHLY $6,615.37 MONTHLY MIDDLE MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,686.56 MONTHLY $5,696.12 MONTHLY MIDDLE MANAGEMENT30758 COMMUNITY SERVICES OFFICER 410 $3,691.98 MONTHLY $4,487.20 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,229.50 MONTHLY $6,356.26 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 585 $8,829.09 MONTHLY $10,731.02 MONTHLY MIDDLE MANAGEMENT10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U) 506 $5,841.09 MONTHLY $7,099.38 MONTHLY CONFIDENTIAL30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,512.28 MONTHLY $4,268.76 MONTHLY GENERAL30603 CRIME ANALYST 493 $5,584.78 MONTHLY $6,787.83 MONTHLY GENERAL00605 CRIME DATA TECHNICIAN (PT) 362 $2,700.00 MONTHLY $3,282.00 MONTHLY NA20600 CRIME FREE PROGRAM COORDINATOR 490 $5,497.22 MONTHLY $6,682.02 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 493 $5,584.78 MONTHLY $6,787.83 MONTHLY GENERAL 00054 CUSTODIAL AIDE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA20616 CUSTODIAL SUPERVISOR 477 $5,152.09 MONTHLY $6,261.64 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 368 $2,993.62 MONTHLY $3,639.26 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,275.55 MONTHLY $3,981.45 MONTHLY GENERAL30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 396 $3,442.34 MONTHLY $4,184.82 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) 396 $3,442.34 MONTHLY $4,184.82 MONTHLY GENERAL 30224 CUSTOMER SERVICE REPRESENTATIVE (U) 386 $3,275.55 MONTHLY $3,981.45 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,374.21 MONTHLY $5,316.84 MONTHLY GENERAL 10650 DEPUTY CITY CLERK I (U) 490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL10654 DEPUTY CITY CLERK II (U) 530 $6,583.62 MONTHLY $8,002.23 MONTHLY MANAGEMENT10372 DEPUTY CITY MANAGER (U) 681 $13,980.43 MONTHLY $16,993.79 MONTHLY MANAGEMENT10066 DEPUTY DIRECTOR OF FINANCE (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 2  of 7
   
 Packet Pg. 1024
ADOPTED 9/21/22
EFFECTIVE 9/21/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 10610 DEPUTY DIRECTOR OF HUMAN RESOURCES (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) 612 $9,910.23 MONTHLY $12,045.01 MONTHLY MANAGEMENT 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) 678 $13,772.65 MONTHLY $16,740.66 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U) 662 $12,716.87 MONTHLY $15,457.05 MONTHLY MANAGEMENT10400 DEPUTY LIBRARY DIRECTOR (U) 575 $8,239.54 MONTHLY $10,015.71 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,516.94 MONTHLY $11,169.58 MONTHLY POLICE SAFETY 10685 DIRECTOR OF ANIMAL SERVICES (U) 630 $10,840.50 MONTHLY $12,830.31 MONTHLY EXECUTIVE 10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 10711 DIRECTOR OF FINANCE (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 10665 DIRECTOR OF HUMAN RESOURCES (U) 660 $12,590.30 MONTHLY $15,303.06 MONTHLY EXECUTIVE 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U) 660 $12,590.30 MONTHLY $15,303.06 MONTHLY EXECUTIVE 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) 662 $12,716.87 MONTHLY $15,457.05 MONTHLY EXECUTIVE 10753 DIRECTOR OF PUBLIC WORKS (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $7,793.72 MONTHLY $9,473.10 MONTHLY MIDDLE MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U) 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U) 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,645.73 MONTHLY $9,293.22 MONTHLY MANAGEMENT10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,668.11 MONTHLY $6,889.49 MONTHLY CONFIDENTIAL30831 ELECTRICIAN I (FLEX) 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 30841 ELECTRICIAN II 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $7,838.75 MONTHLY $9,528.42 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX) 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $5,104.86 MONTHLY $6,205.67 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 511 $6,108.83 MONTHLY $7,425.93 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 532 $6,777.71 MONTHLY $8,238.83 MONTHLY MIDDLE MANAGEMENT10180 ENGINEERING PROJECT MANAGER 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT30445 ENGINEERING TECHNICIAN 446 $4,417.25 MONTHLY $5,369.57 MONTHLY GENERAL 10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,649.01 MONTHLY $8,082.39 MONTHLY MANAGEMENT 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,832.61 MONTHLY $5,874.25 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 560 $7,793.72 MONTHLY $9,473.10 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,451.83 MONTHLY $9,058.09 MONTHLY MIDDLE MANAGEMENT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,480.97 MONTHLY $7,877.59 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX) 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 408 $3,655.40 MONTHLY $4,443.08 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL 10707 EXECUTIVE ASSISTANT (U) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL10982 EXECUTIVE ASSISTANT TO DIRECTOR (U) 464 $4,736.79 MONTHLY $5,757.77 MONTHLY CONFIDENTIAL10978 EXECUTIVE ASSISTANT TO MAYOR (U) 502 $5,725.07 MONTHLY $6,959.10 MONTHLY CONFIDENTIAL10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 502 $5,725.07 MONTHLY $6,959.10 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U) 550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) 591 $8,924.06 MONTHLY $10,847.89 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,227.24 MONTHLY $7,569.02 MONTHLY MIDDLE MANAGEMENT10512 FINANCIAL ANALYST 532 $6,649.01 MONTHLY $8,082.39 MONTHLY MANAGEMENT 30506 FLEET PARTS STOREKEEPER 398 $3,476.77 MONTHLY $4,226.79 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL 00259 FOOD SERVICE PROGRAM SPECIALIST (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 3  of 7
   
 Packet Pg. 1025
ADOPTED 9/21/22
EFFECTIVE 9/21/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 20060 FOOD SERVICE SUPERVISOR 478 $5,177.90 MONTHLY $6,293.90 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX) 448 $4,462.45 MONTHLY $5,423.37 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL 20160 FORENSICS SUPERVISOR 525 $6,545.48 MONTHLY $7,956.07 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $7,124.98 MONTHLY $8,660.29 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,448.38 MONTHLY $10,268.84 MONTHLY CONFIDENTIAL10623 GIS ANALYST 483 $5,207.20 MONTHLY $6,329.43 MONTHLY CONFIDENTIAL10730 GRANT DIVISION MANAGER (U) 601 $9,380.76 MONTHLY $11,402.68 MONTHLY MANAGEMENT 10778 GRANT WRITER 506 $5,841.09 MONTHLY $7,099.38 MONTHLY CONFIDENTIAL30133 GRANTS ANALYST 476 $5,130.68 MONTHLY $6,236.88 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL20100 GRANTS MANAGER (U) 506 $5,954.15 MONTHLY $7,236.80 MONTHLY MIDDLE MANAGEMENT30098 GROUNDWORKER ARBORIST 392 $3,374.54 MONTHLY $4,101.97 MONTHLY GENERAL30516 HAZMAT TECHNICIAN 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT10121 HOUSING COMPLIANCE SPECIALIST 500 $5,668.11 MONTHLY $6,889.49 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U) 601 $9,380.76 MONTHLY $11,402.68 MONTHLY MANAGEMENT10657 HUMAN RESOURCES ANALYST 518 $6,200.75 MONTHLY $7,537.09 MONTHLY CONFIDENTIAL PENDING HUMAN RESOURCES ANALYST I 500 $5,668.11 MONTHLY $6,889.49 MONTHLY CONFIDENTIAL PENDING HUMAN RESOURCES ANALYST II 518 $6,200.75 MONTHLY $7,537.09 MONTHLY CONFIDENTIALPENDING HUMAN RESOURCES ANALYST TRAINEE 476 $5,028.95 MONTHLY $6,113.21 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U) 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL 30207 HUMAN RESOURCES TECHNICIAN 418 $3,841.56 MONTHLY $4,670.13 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL10627 INFORMATION TECHNOLOGY ANALYST I (FLEX) 490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,262.98 MONTHLY $7,613.03 MONTHLY CONFIDENTIAL 10637 INFORMATION TECHNOLOGY MANAGER 599 $9,287.94 MONTHLY $11,288.76 MONTHLY MANAGEMENT10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) 447 $4,439.85 MONTHLY $5,396.47 MONTHLY GENERAL 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $4,905.79 MONTHLY $5,962.48 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $32.96 HOURLY $32.96 HOURLY NA30113 LEAD ANIMAL CONTROL OFFICER 437 $4,223.56 MONTHLY $5,133.91 MONTHLY GENERAL 30080 LEAD BUILDING INSPECTOR 526 $6,583.37 MONTHLY $8,002.71 MONTHLY GENERAL 30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,725.75 MONTHLY $6,960.00 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,459.55 MONTHLY $4,205.27 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL20170 LEAD FORENSICS SPECIALIST 503 $5,864.91 MONTHLY $7,129.29 MONTHLY MIDDLE MANAGEMENT 30490 LEAD MAINTENANCE WORKER 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,004.78 MONTHLY $6,083.00 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U) 497 $5,583.74 MONTHLY $6,787.18 MONTHLY CONFIDENTIAL30335 LIBRARIAN I (FLEX) 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 30366 LIBRARIAN II 479 $5,208.16 MONTHLY $6,330.50 MONTHLY GENERAL 30341 LIBRARY ASSISTANT 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,732.79 MONTHLY $5,753.10 MONTHLY MIDDLE MANAGEMENT10401 LIBRARY DIRECTOR (U) 635 $11,114.73 MONTHLY $13,508.97 MONTHLY MANAGEMENT20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,552.05 MONTHLY $6,748.68 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $3,919.03 MONTHLY $4,763.75 MONTHLY GENERAL 00361 LIBRARY PAGE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 4  of 7
   
 Packet Pg. 1026
ADOPTED 9/21/22
EFFECTIVE 9/21/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 20387 LIBRARY PROGRAM COORDINATOR 450 $4,502.71 MONTHLY $5,473.56 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX) 380 $3,178.70 MONTHLY $3,864.15 MONTHLY GENERAL 30392 LIBRARY TECHNICIAN II 402 $3,546.71 MONTHLY $4,311.80 MONTHLY GENERAL 00133 LIFEGUARD (PT) 370 $2,810.00 MONTHLY $3,416.00 MONTHLY NA30215 LITERACY PROGRAM COORDINATOR 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,448.72 MONTHLY $7,837.81 MONTHLY MIDDLE MANAGEMENT30486 MAINTENANCE WORKER I (FLEX) 393 $3,391.76 MONTHLY $4,122.41 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 415 $3,784.53 MONTHLY $4,600.18 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 425 $3,978.22 MONTHLY $4,835.84 MONTHLY GENERAL 10530 MANAGEMENT ANALYST I (FLEX) 476 $5,028.95 MONTHLY $6,113.21 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U) 476 $5,028.95 MONTHLY $6,113.21 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,841.09 MONTHLY $7,099.38 MONTHLY MANAGEMENT10533 MANAGEMENT ANALYST II (U) 506 $5,841.09 MONTHLY $7,099.38 MONTHLY MANAGEMENT10516 MARKETING & MEDIA SPECIALIST 476 $5,028.95 MONTHLY $6,113.21 MONTHLY CONFIDENTIAL 30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,760.52 MONTHLY $5,787.09 MONTHLY GENERAL 00502 MAYOR NA $9,378.08 MONTHLY $9,378.08 MONTHLY NA10503 MAYOR'S CHIEF OF STAFF (U) 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U) 561 $7,683.70 MONTHLY $9,339.63 MONTHLY MANAGEMENT 10528 NETWORK SYSTEMS ADMINISTRATOR 566 $7,877.77 MONTHLY $9,575.88 MONTHLY CONFIDENTIAL30425 NPDES INSPECTOR I (FLEX) 461 $4,760.52 MONTHLY $5,787.09 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,366.34 MONTHLY $6,523.11 MONTHLY GENERAL 20555 NPDES MANAGER 525 $6,545.48 MONTHLY $7,956.07 MONTHLY MIDDLE MANAGEMENT 10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U) 591 $8,924.06 MONTHLY $10,847.89 MONTHLY MANAGEMENT 30581 PARKING ENFORCEMENT OFFICER 380 $3,178.70 MONTHLY $3,864.15 MONTHLY GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $6,845.45 MONTHLY $8,321.62 MONTHLY MIDDLE MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX) 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $3,899.66 MONTHLY $4,740.07 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,294.62 MONTHLY $7,651.00 MONTHLY MANAGEMENT10068 PAYROLL TECHNICIAN 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL20400 PERMIT SERVICES SUPERVISOR 494 $5,607.96 MONTHLY $6,816.42 MONTHLY MIDDLE MANAGEMENT 30691 PLANNING AIDE 456 $4,643.23 MONTHLY $5,643.97 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U) 594 $9,059.07 MONTHLY $11,011.37 MONTHLY MANAGEMENT30680 PLANS EXAMINER I (FLEX) 499 $5,754.80 MONTHLY $6,994.43 MONTHLY GENERAL 30682 PLANS EXAMINER II 534 $6,851.31 MONTHLY $8,328.75 MONTHLY GENERAL 30481 PLUMBER 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 00192 POLICE CADET (PT) NA $15.00 HOURLY $17.00 HOURLY NA00520 POLICE CALL TAKER (PT) 396 $19.85 HOURLY $24.14 HOURLY NA50283 POLICE CAPTAIN P5 $17,351.00 MONTHLY $17,351.00 MONTHLY POLICE MANAGEMENT20775 POLICE DISPATCH MANAGER 528 $6,644.39 MONTHLY $8,076.49 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 498 $5,720.85 MONTHLY $6,954.04 MONTHLY MIDDLE MANAGEMENT32767 POLICE DISPATCHER I (FLEX) 425 $4,025.63 MONTHLY $4,893.48 MONTHLY POLICE DISPATCHER32768 POLICE DISPATCHER II 456 $4,698.57 MONTHLY $5,711.24 MONTHLY POLICE DISPATCHER30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,476.77 MONTHLY $4,226.79 MONTHLY GENERAL50402 POLICE LIEUTENANT P4 $14,743.00 MONTHLY $14,743.00 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $7,334.59 MONTHLY $9,795.27 MONTHLY POLICE SAFETY30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL20765 POLICE RECORDS SUPERVISOR 464 $4,828.48 MONTHLY $5,869.22 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX) 369 $3,008.68 MONTHLY $3,657.55 MONTHLY GENERAL30220 POLICE RECORDS TECHNICIAN II 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 40332 POLICE SERGEANT P3 $9,638.12 MONTHLY $12,621.94 MONTHLY POLICE SAFETY SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 5  of 7
   
 Packet Pg. 1027
ADOPTED 9/21/22
EFFECTIVE 9/21/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30585 POOL MAINTENANCE COORDINATOR 421 $3,899.66 MONTHLY $4,740.07 MONTHLY GENERAL 00331 POOL MANAGER I (PT) 421 $3,624.00 MONTHLY $4,405.00 MONTHLY NA00333 POOL MANAGER II (PT) 443 $4,044.00 MONTHLY $4,916.00 MONTHLY NA20019 PRINCIPAL ACCOUNTANT 550 $7,414.20 MONTHLY $9,012.94 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT10243 PRINCIPAL PLANNER 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,384.21 MONTHLY $7,760.40 MONTHLY MIDDLE MANAGEMENT00360 PROGRAMMING/TRAFFIC ASSISTANT 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) 550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,607.96 MONTHLY $6,816.42 MONTHLY MIDDLE MANAGEMENT30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) 411 $3,710.28 MONTHLY $4,509.79 MONTHLY GENERAL30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $5,029.53 MONTHLY $6,113.13 MONTHLY GENERAL 10212 PUBLIC INFORMATION OFFICER (U) 593 $9,013.71 MONTHLY $10,956.52 MONTHLY MANAGEMENT30580 PUBLIC WORKS INSPECTOR I (FLEX) 476 $5,130.68 MONTHLY $6,236.88 MONTHLY GENERAL30583 PUBLIC WORKS INSPECTOR II 499 $5,754.80 MONTHLY $6,994.43 MONTHLY GENERAL30584 PUBLIC WORKS INSPECTOR III 529 $6,683.45 MONTHLY $8,123.23 MONTHLY GENERAL 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $5,958.16 MONTHLY $7,242.82 MONTHLY MANAGEMENT 10863 PURCHASING DIVISION MANAGER (U) 598 $9,241.54 MONTHLY $11,232.86 MONTHLY MANAGEMENT30770 RANGEMASTER 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT10259 RECORDS MANAGEMENT SPECIALIST (U) 460 $4,642.92 MONTHLY $5,643.85 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA00244 RECREATION LEADER (PT) 363 $2,714.00 MONTHLY $3,299.00 MONTHLY NA00230 RECREATION SPECIALIST (PT) 393 $3,152.00 MONTHLY $3,831.00 MONTHLY NA00256 RECREATION SUPERVISOR (AQUATICS) (PT) 481 $4,888.00 MONTHLY $5,942.00 MONTHLY NA 30825 RECREATION THERAPIST 468 $4,929.46 MONTHLY $5,992.61 MONTHLY GENERAL 30115 REGISTERED VETERINARY TECHNICIAN 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL10690 RISK DIVISION MANAGER (U) 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT10538 SAFETY OFFICER 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL00266 SECURITY OFFICER I (PT) 371 $2,824.00 MONTHLY $3,433.00 HOURLY NA00265 SECURITY OFFICER II (PT) 395 $3,183.00 HOURLY $3,869.00 HOURLY NA30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL30410 SENIOR ARBORIST 502 $5,840.89 MONTHLY $7,099.89 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 581 $8,490.57 MONTHLY $10,319.47 MONTHLY MANAGEMENT30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,181.59 MONTHLY $5,083.34 MONTHLY GENERAL 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U) 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) 435 $4,098.68 MONTHLY $4,982.54 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,666.12 MONTHLY $5,672.33 MONTHLY CONFIDENTIAL 10689 SENIOR HUMAN RESOURCES/RISK ANALYST 559 $7,607.76 MONTHLY $9,246.81 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,383.10 MONTHLY $8,974.69 MONTHLY CONFIDENTIAL10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 460 $4,642.92 MONTHLY $5,643.85 MONTHLY CONFIDENTIAL00283 SENIOR LIFEGUARD (PT) 396 $3,199.00 MONTHLY $3,889.00 MONTHLY NA10513 SENIOR MANAGEMENT ANALYST 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT10514 SENIOR MANAGEMENT ANALYST (U) 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $8,969.42 MONTHLY $10,901.68 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 375 $3,100.15 MONTHLY $3,768.38 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 6  of 7
   
 Packet Pg. 1028
ADOPTED 9/21/22
EFFECTIVE 9/21/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 10223 SENIOR OFFICE ASSISTANT (U) 375 $3,038.67 MONTHLY $3,693.66 MONTHLY CONFIDENTIAL 20243 SENIOR PLANNER 549 $7,377.64 MONTHLY $8,967.78 MONTHLY MIDDLE MANAGEMENT00294 SENIOR RECREATION LEADER (PT) 372 $2,838.00 MONTHLY $3,450.00 MONTHLY NA10300 SHELTER VETERINARIAN 594 $9,059.07 MONTHLY $11,011.37 MONTHLY MANAGEMENT30978 SOLID WASTE FIELD INSPECTOR 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 20995 STATION MANAGER 490 $5,497.22 MONTHLY $6,682.02 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA20336 TECHNOLOGY LIBRARIAN 502 $5,835.89 MONTHLY $7,093.81 MONTHLY MIDDLE MANAGEMENT10443 TRAFFIC ENGINEER 573 $8,158.33 MONTHLY $9,916.56 MONTHLY MANAGEMENT20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,777.71 MONTHLY $8,238.83 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,489.46 MONTHLY $9,103.25 MONTHLY MIDDLE MANAGEMENT 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $6,812.12 MONTHLY $8,279.69 MONTHLY MIDDLE MANAGEMENT30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX) 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,339.44 MONTHLY $6,489.76 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,170.16 MONTHLY $7,500.18 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,495.06 MONTHLY $4,247.23 MONTHLY GENERAL 10740 TREASURY MANAGER 598 $9,241.54 MONTHLY $11,232.86 MONTHLY MANAGEMENT20666 TREASURY SUPERVISOR 502 $5,835.89 MONTHLY $7,093.81 MONTHLY MIDDLE MANAGEMENT30620 VOLUNTEER COORDINATOR (GRANT FUNDED) 358 $2,848.35 MONTHLY $3,461.71 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,784.19 MONTHLY $5,816.14 MONTHLY GENERAL REVISION ADOPTED BY MCC 6/19/17
REVISION ADOPTED BY MCC 6/20/18REVISION ADOPTED BY MCC 06/19/19REVISION ADOPTED BY MCC 8/21/19REVISION ADOPTED BY MCC 1/15/20REVISION ADOPTED BY MCC 6/24/20REVISION ADOPTED BY MCC 9/2/20REVISION ADOPTED BY MCC 12/16/20REVISION ADOPTED BY MCC 2/17/21REVISION ADOPTED BY MCC 7/21/21REVISION ADOPTED BY MCC 6/16/21REVISION ADOPTED BY MCC 7/21/21REVISION ADOPTED BY MCC 8/4/21REVISION ADOPTED BY MCC 9/15/21REVISION ADOPTED BY MCC 10/20/21REVISION ADOPTED BY MCC 11/3/21REVISION ADOPTED BY MCC 2/2/22REVISION ADOPTED BY MCC 2/16/22REVISION ADOPTED BY MCC 3/16/22REVISION ADOPTED BY MCC 4/6/22REVISION ADOPTED BY MCC 5/18/22REVISION ADOPTED BY MCC 6/15/22REVISION ADOPTED BY MCC 7/20/22REVISION ADOPTED BY MCC 8/17/22(U) DENOTES UNCLASSIFIED * Part‐time, seasonal, and temporary filled positions with a salary established in Resolution No. 2022‐    shall be paid the hourly equivalent of the salary listed in the 2022/2023 Salary Schedule and shall be provided only those benefits mandated by applicable SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 7  of 7
   
 Packet Pg. 1029

CITY OF SAN BERNARDINO POLICE DEPARTMENT
First 6 Following Third Fourth Fifth & SubJOB Months 18 Months Year Year sequent Yrs TITLE Service Service Service Service Service
Monthly Pay Rates Effective July 1, 2022:

Police Officer $7,334.59 $7,949.49 $8,565.46 $9,180.36 $9,795.27 P-1
Detective/Corporal $8,516.94 $9,180.36 $9,843.78 $10,506.16 $11,169.58 P-2
Sergeant $9,638.12 $10,383.81 $11,129.50 $11,876.25 $12,621.94 P-3
Lieutenant -- -- -- -- $14,743.00
P-4
Captain -- -- -- -- $17,351.00
P-5
Assistant Chief -- -- -- -- $21,242.00
P-6
Packet Pg. 1030

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 21, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Lydie Gutfeld, Director of Parks, Recreation & Community Services Department: Parks, Recreation & Community Services
Subject: Authorize the appropriation of funds in the amount of $190,000 from the Cultural Development Impact Fund for
City-Wide Special Events
Recommendation
Adopt Resolution No. 2022-202 of the Mayor and City Council of the City of San Bernardino, California authorizing the Agency Director of Administrative Services to appropriate funds in the amount of $190,000 from the Cultural Development Impact Fund to cover costs for the San Bernardino Festival ($100,000) and holiday celebrations in Downtown ($90,000).

Background
Parks and Recreation staff have developed a plan for the San Bernardino Festival:

Where Our Cultures Connect (San Bernardino Festival), a citywide multi-cultural large event on October 8, 2022, at the historic Seccombe Lake Park, as well as a 23-day long holiday celebration at the Court Street pavilion from December 1-23, 2022.

The San Bernardino Festival event will allow for the San Bernardino community to gather and celebrate the many cultures that make up the pulse of San Bernardino. An event committee was created from a wide range of groups, which included businesses, community partners, educators, commissioners, and city staff from every department.

The purpose for creating the event committee was to have a unified voice working together to create the buzz and buy-in for a successful event.

Packet Pg. 1031
The planned holiday celebrations during December will include the Annual Tree Lighting in front of City Hall, breakfast and story time with the Clauses, the night before Christmas in the Court Street Pavilion, and a synthetic ice rink in the parking lot. The holiday celebration in downtown includes the lights, decorations, ice rink (staffing and skate rentals) as well as Santa’s Village where San Bernardino residents can celebrate the holidays, take family pictures, and make memories.

Discussion
Staff originally budgeted $40,000 for rentals and contractual needs for The San Bernardino Festival event. For a large city-wide event with seven villages to connect food, merchants, artists, community partners, animals, exhibits and demonstrations, a layout of tents, tables, chairs, and event amenities are required. As the committee began to meet, there were three identified areas that would need a larger budget for the event to be successful:

1. Carnival rides- Ferris wheel, carnival games, and large kids play area with jumpers.

2. Stipends for performers on 3 stages (kids, exhibits, and main stage – over 40 performers).

3. Rentals to include bathrooms, golf carts, generators, hand washing stations, stages, tents, linens, and tables/chairs.

4. With additional break-ins at Seccombe Lake, the rentals for electricity, water, and security guards are required.

In drafting a budget, it is anticipated that the additional costs for the San Bernardino Festival will be approximately $100,000. This event currently has sponsors such as T-Mobile, Petco, KRQB 96.1 FM radio station, and Chase Bank on board to assist with event costs and promotions. For its inaugural year, the additional funding is needed; staff is confident these additional costs will be recovered in future years through new partnerships, additional sponsorships, Festival apparel sales, water sales, and carnival ticket sales.

The approved budget for the 23-day holiday festivities in Downtown did not include the rental of a synthetic ice rink, skate rentals, or a Santa’s Village. After doing thorough research with agencies who have provided this amenity during the holidays, staff are confident a $90,000 allocation will allow the city to provide a safe, memorable, and extravagant holiday season for all of San Bernardino. This allocation of funds will cover costs for rentals, ice rink, ice rink staff, contractual services for the event and security 24-hours per day.
2021-2025 Key Strategic Targets and Goals
The allocation of $190,000 from the Cultural Development Impact Fund for City-wide special events align with Key Target No. 2: Focused, Aligned Leadership and Unified Community by providing opportunities to an underserved community to engage in participation in a holiday month in downtown; and Key Target No. 3: Improved Quality of Life whereby the community has access and introduction to safe, social community Packet Pg. 1032
events to make family memories.

Fiscal Impact
There is no General Fund impact associated with this action. Funding is available in the Cultural Development Impact Fund to cover the proposed expenditures.

Conclusion
Adopt Resolution No. 2022-202 of the Mayor and City Council of the City of San Bernardino, California authorizing the Agency Director of Administrative Services to appropriate funds in the amount of $190,000 from the Cultural Development Impact Fund to cover costs for the San Bernardino Festival ($100,000) and holiday celebrations in Downtown ($90,000).

Attachments
Attachment 1 Resolution 2022-202 Approve Allocation of Cultural Development Impact Funds to City Wide Special Events
Attachment 2 2022 San Bernardino Festival Budget
Attachment 3 2022 Holiday Celebrations in Downtown Budget Ward
All Wards
Synopsis of Previous Council Actions
February 16, 2022 Mayor and City Council approved the allocation of $130,700 from the Cultural Development Impact fund to cover the
remaining balance and complete the Fitness Court at Blair Park.

Packet Pg. 1033
Resolution No. 2022-202
Resolution 2022-202

Page 1 of 3 ends

RESOLUTION NO. 2022-202

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZE THE APPROPRIATION OF $190,000 FROM

THE CULTURAL DEVELOPMENT IMPACT FUND TO

COVER COSTS FOR THE SAN BERNARDINO FESTIVAL
($100,000) AND HOLIDAY CELEBRATIONS IN
DOWNTOWN ($90,000)
WHEREAS, the City collects Cultural Development Construction Fee pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine art and cultures; and WHEREAS, the Parks, Recreation and Community Services Department has developed a plan for the San Bernardino Festival, a large city-wide multi-cultural event in October 2022 as well as a 23-day long holiday celebration at the Court Street Pavilion in Downtown for December 2022; and
WHEREAS, an event committee for the October San Bernardino Festival has identified three areas in need of a additional funding: carnival rides, stipend for performers on three stages, and rentals which include bathrooms, generators, handwashing stations, linens, tents, and stages; and
WHEREAS, staff have identified three areas in need of additional funding for the December Holiday Festivities: synthetic ice rink rental, skate rentals, and Santa’s Village; and WHEREAS, the allocation of Cultural Development Impact Funds to the City Wide Special Events account will allow the City to provide well executed and enjoyable events to the community and vendor participants.

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

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

SECTION 2. The Mayor and City Council hereby authorize the Director of Finance to allocate $190,000 in the Cultural Development Impact Fund for city wide Special Events for 2022 San Bernardino Festival: Where our Cultures Connect event ($100,000), and holiday events at Court Street Pavilion in Downtown ($90,000).

Page 2 of 3 ends

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 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 ___ day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 1035
Resolution No. 2022-202
Resolution 2022-202

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

Genoveva Rocha, CMC, City Clerk
Packet Pg. 1036
FESTIVAL 2022 BUDGET
Performance Budget (stipends for performers) 34,800.00 $ Main Stage 60% 16,000.00 $
Exhibits/Demo Stage 20% 6,000.00 $
Kids Stage 15% 5,500.00 $
Roving Entertainment 5% 4,100.00 $
Animal Area 3,200.00 $
Sound and StageTech for 3 stages 19,500.00 $
Contractor for Main stage 15,000.00 $
School District - Gazebo 1,500.00 $
Kids Stage - rental plus sound system $3,000.00
Restrooms 12,000.00 $
Trailer plus additional stalls and hand washing stations 12,000.00 $ Contracts and Purchases 20,200.00 $
Carnival + red Top Games + Staff 19,200.00 $
Oriental Trading Company for carnival game prizes 1,000.00 $ Rentals 39,700.00 $
Carnival Tents 18,000.00 $
6 Ft tables/8 ft tables/ Circle tables/ High tops for beer garden 4,200.00 $ Folding Chairs 3,000.00 $
Linens 2,500.00 $
Golf Carts 6,000.00 $
Generators 6,000.00 $
Advertising 4,300.00 $
Radio 3,500.00 $
Movie Theater 800.00 $
Public Works Logisitcs and materials 8,500.00 $
radios 2,500.00 $
ice 1,000.00 $
extra décor, flutter lfags, markers, ect. 5,000.00 $
Total Budget 139,000.00 $
City Current Budget ($40,000)
City Council ask from Cultural Development Fund ($100,000) Total Budget (1,000.00) $
Sponsorships INKIND 12,000.00 $
Petco (pallets of costumes and goods for the animal village) 2,500.00 $ T-mobile (wifi for event, charging station booths, swag for giveaways) 5,000.00 $

96.1 FM (2 weeks of advertising, community partner booth leads, giveaways) 4,500.00 $ Revenue Projections 11,100.00 $
Water Sales Booth ($1 per bottle) 600.00 $
Kids Village Ticket Sales ($25 all you can ride, $1 per ticket/2 Tickets per ride) 10,000.00 $ Swag Booth 500.00 $
Packet Pg. 1037
HOLIDAY CELEBRATION IN DOWNTOWN 2022 BUDGET
Professional Contractural Services $ 83,668.40
Security Services $ 28,670.40
Ice Rink Rental $ 54,998.00
Printing $ 300.00
Event Flyer $ 300.00
Rentals $ 3,100.00
Potable Bathrooms $ 2,500.00
Costume Rentals $ 600.00
Materials and Supplies $ 8,650.00
Kids Crafts $ 500.00
Candy Canes $ 300.00
Event Décor $ 5,000.00
Christmas Trees $ 1,800.00
Snacks $ 750.00
Wrapping Paper $ 300.00
Advertising $ 300.00
Socail Media Boost $ 300.00
Other Operating Expenses $ 200.00
event Permits (Fire/Health) $ 200.00
ice
extra décor, flutter lfags, markers, ect.

Total Budget $ 96,218.40
City Current Budget ($6,300)
City Council ask from Cultural Development Fund ($90,000) Total Budget $ (81.60)
Packet Pg. 1038

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 21, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks & Recreation
Subject: Public Art - Utility Box Policy
Recommendation
It is recommended that the Mayor and City Council of San Bernardino, California, adopt the Public Art - Utility Box Policy.

Background
In January 2022, the Public Works (PW) Department launched a pilot program designed to transform utility boxes through the city into unique public works of art. The pilot program was developed to enhance and beautify the cityscape, decrease graffiti maintenance, and increase public art within the city. A collaboration was created with the Parks, Recreation and Community Services (PRCS) Department in March 2022 to provide more sites and to develop a location and theme enhancement to the pilot program. Since the implementation of the program, the city has experienced a decrease in graffiti on utility boxes throughout the city. Due to the success of the pilot program, PRCS staff have developed a policy that will enable more local community artists to participate in beautifying the city through public art on utility boxes.

Discussion
The Public Art – Utility Box Policy is a starting point for a future Public Art Policy for the City of San Bernardino. The Arts and Historical Preservation Commission (the Commission) is currently working to develop and recommend a Public Art Policy that will provide direction and guidance for public art development, acquisition, Packet Pg. 1039
presentation, maintenance, and approval. Other local government agencies with robust public art programs are successful due to having a Public Art Policy that provides the public and staff a guide to procedure and process. By developing a policy for Council’s review and adoption, the Commission will be able to begin the process of increasing art throughout the city.

The Public Art - Utility Box Policy will be essential in the evolution of the current pilot program. As the program has continued to grow in popularity, staff are receiving more requests from local artists to assist not only with utility boxes, but also to increase art through murals on walls and fence lines. These increased requests are currently being reviewed on a case-by-case basis by staff in PRCS and PW Departments. The Utility Box policy clearly outlines dimensions, materials, requirements, and maintenance efforts for the artists and Staff.

It is the goal of the PRCS Department to continue to grow public art within the city through local artists and art organizations throughout the region. An approved policy creates a positive impact for the future of Art and Cultural Services in the City of San Bernardino.
2021-2025 Key Strategic Targets and Goals
The adoption of the Public Art Policy - Utility Boxes aligns with Key Target No. 2:

Focused, Aligned Leadership and Unified Community by providing opportunities to an underserved community to engage in community art; and Key Target No. 3: Improved Quality of Life whereby the community has access to art displays throughout the city.

Fiscal Impact
At this time, the fiscal impact to the city is minimal. Artists do not receive compensation for artwork, and the PW and PRCS Departments provide materials for painting. In the future, the PRCS Department will increase the budget for supplies as Utility Boxes digital art options can be printed on Vinyl Printer in house. Staff estimates an additional $10,000 in the 2022-23 FY budget for the public art enhancements.

Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt the Public Art-Utility Box Policy.

Attachments
Attachment 1 Public Art Policy - Utility Boxes
Ward:

All Wards
Synopsis of Previous Council Actions:

None
Packet Pg. 1040
1 of 5

CITY OF SAN BERNARDINO

UTILITY BOX ART POLICY
Date Adopted MM/DD/YY
Last Revised: 07/09/22

1. PURPOSE
The purpose of this policy is to provide guidelines for public art displays on City of San Bernardino (“City”) owned utility boxes throughout the City. The public art displays are for the beautification of the community and the enjoyment of residents and visitors.

2. RESPONSIBILITY
The Parks, Recreation and Community Services Department is responsible for the administration of this policy.

2.1 General

2.1.1 The Parks, Recreation and Community Services Department is responsible to seek out artist submissions including marketing in the Activity Guide, Website and social media platforms.

2.1.2 The Parks, Recreation and Community Services Department is responsible for the following:
• Communicating with artists regarding proposals, the
selection process, and maintenance needs.
• Routinely auditing all art displays for vandalism, damage, or fading.
• Evaluating all art displays on the third, fourth, and fifth anniversary of installation, in an effort to determine the need for removal or replacement.

2.1.3 The Parks, Recreation and Community Services Department will be responsible for reviewing artist submissions and making decisions regarding artwork and display locations with the assistance of the Public Works Department and the Operations and Maintenance Division Manager.

2.1.4 The Public Works Department is responsible for the following:

Packet Pg. 1041

ADMINISTRATIVE POLICIES AND PROCEDURES
UTILITY BOX ART POLICY Section: X.X
2 of 5
• Designating, reviewing and approving all proposed public art locations and utility boxes.
• Tending to any cleaning needs and removing artwork and cleaning the utility box surfaces upon the conclusion of the display period or in the event of irreparable damage to the artwork.

2.1.5 Parks, Recreation and Community Services Department staff will develop a press release and social media content to publicize the selected artist(s) and location(s).

3. POLICY

3.1 Utility Boxes
The City’s utility boxes vary by size. The boxes are currently gray or white.

An overall installation of artwork will be completed by various medias of paint and vinyl. The vinyl material used will also have a UV protection clear coat to protect from sun and additional damage. The boxes are located throughout San Bernardino, including major thoroughfares with traffic signals that are visible to pedestrian, cycling, and automobile traffic.

3.1.1 The Public Works Department will designate appropriate locations for public art displays based on visibility from sidewalks and streets. • Public art should be set in “high traffic” locations, however should not pose a distraction to drivers passing by.
• The Department of Public Works shall review and approve proposed public art locations and utility boxes.

3.1.2 Artists may request a public art location from the pre-designated list, however there are no guarantees that the request will be granted.

The Public Works and Parks, Recreation and Community Services Departments will make the ultimate decision regarding display locations.

3.1.3 Artwork should be configured with the expectation that all four sides of the utility box will be covered.

3.2 Art Display Period

3.2.1 The artwork is considered a long-term installation and will become property of the City of San Bernardino.

Packet Pg. 1042

ADMINISTRATIVE POLICIES AND PROCEDURES
UTILITY BOX ART POLICY Section: X.X
3 of 5

3.2.2 Artwork on utility boxes may remain on display for a period of 1-5 years, depending on fading and condition.

3.2.3 The physical condition of the artwork will be evaluated periodically to determine the need to remove/replace.

3.2.4 Artwork may be removed by the City at any time, in its sole discretion.

3.3 Artist Requirements

3.3.1 Only artists that meet the following requirements will be eligible for consideration:
• Artists may be of an amateur or professional status and must agree to providing work without compensation.
• Artist must be willing to sign an agreement with the City ceding all rights to the art to the City in a form approved by the City Attorney, including acknowledging that the Work is a work made for hire as defined in 17 U.S.C. Section 101 and that the City will use the art for commercial use as defined in California Civil Code Section 987(b)(7) for commercial advertising and promotional purposes. The art shall not be considered a fine art as defined by California Civil Code Section 987(b)(2) as it shall be prepared under contract for commercial use by the City.
• Artist must sign an indemnification waiver fully releasing the City from any liability for any work on City property.

Note: Preference will be given to San Bernardino residents, however it is not a requirement for selection.

3.4 Artwork Requirements

3.4.1. Artwork should be submitted as high-resolution digital photographs (300 dpi) or high-quality vectored artwork in print-quality PDFs.

3.4.2 Artist Expression
• Content must be suitable for viewing by patrons of all ages. • Copyrighted and trademark images are not permitted unless a release is granted.

Packet Pg. 1043

ADMINISTRATIVE POLICIES AND PROCEDURES
UTILITY BOX ART POLICY Section: X.X
4 of 5
• Photographs and/or artwork must complement the public space and surroundings for which it is proposed as to not appear as a mere add-on.
• Photographs and/or artwork must portray the City’s culture, historic heritage, or reflect the aesthetic beauty or character of the community to align with the City’s vision for the future. • The photograph/artwork may include the name of the artist in no larger than a 3-inch by 5-inch space on one of the box’s four side panels.
• The artwork selected by the City will become an expression of the government of the City and the City reserves the right to reject any artwork for any reason such as, but not limited to, the use of profanity, nudity, drug, alcohol, or tobacco use, cruelty or hatred to persons or animals, or incompatibility with the City’s defined Key Strategic Targets and Goals, as they may be amended from time to time, which may be found on the City’s website.

3.5 Maintenance
In the event of vandalism or damage to an art display, the Public Works Department will endeavor to follow the cleaning or maintenance instructions provided by the artist or the manufacturer of the vinyl or other medium on which the artwork is printed.

3.6 Artwork Archival
The Parks, Recreation and Community Services Department will keep an archive of all displayed artwork per the City’s retention policy.

4. PROCEDURES

4.1 Submission Process

4.1.1 Artists may submit their work by completing an application online on the City’s website and uploading a High Resolution (300 DPI at full scale) image or vectored art PDF file as an attachment.

4.1.1 Applications for new public art displays will be accepted on an annual basis, depending on available budget. Artists interested in submitting photographs for consideration must turn in the required submittals by the last Thursday in November each year.

Packet Pg. 1044

ADMINISTRATIVE POLICIES AND PROCEDURES
UTILITY BOX ART POLICY Section: X.X
5 of 5

4.1.2 The application process will be completed online through the City’s website.

4.1.3 Required Submittals
• Public Art Display Submission Form.
• High resolution (300 DPI at full scale) image or vectored art PDF file.

4.2 Review and Selection Process

4.2.1 At the conclusion of the submission period, the Departments will review all applications separately and select their top choices. These will be presented to the Arts and Historical Preservation Commission and recommended onto City Council for final decision.

4.2.2 The Departments will meet no later than ten days past the submission deadline to discuss and make the recommendations for the final artwork and location selections to the Arts and Historical Preservation Commission. Following that, the Commission will make recommendations for the City Council to approve.

4.2.3 The Public Works Department will notify the selected artist and submit the order with the vinyl-wrap vendor to schedule installation or purchase of paints and supplies.

4.2.4 Completed installation should be no later than the third Friday in January.

4.2.5 Parks, Recreation and Community Services Department staff will develop a press release and social media content to publicize the selected artist(s) and location(s).

4.3 Unveiling Ceremony
The Community Services Department will coordinate a small, private ceremony to unveil the new artwork. Invitees should include the artist and their immediate family, City Council members, and City staff, as appropriate.

4.4 Artwork Inspection

4.4.1 Public Works staff will audit all public art displays on a quarterly basis.

4.4.2 Community Services staff will place work orders with Public Works to clean or repair public art displays as needed.

Packet Pg. 1045

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 21, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Darren Goodman, Chief of Police
Department: Police
Subject: Resolution to Accept California Office of Traffic Safety Grant Award (PT23165)
Recommendation
Adopt Resolution No. 2022-200 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept and administer the FY 2022/23 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant and authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget by the amount $530,000 in both revenues and expenditures.

Background
The California Office of Traffic Safety (OTS) has awarded its Selective Traffic Enforcement Program (STEP) grant for Fiscal Year 2022/23 to law enforcement agencies in the state that have shown the best practice strategies to reduce traffic collisions and promote traffic safety awareness. The City of San Bernardino has received annual OTS STEP grant funding for well over a decade and has been awarded $530,000 for Federal Fiscal Year October 1, 2022, through September 30, 2023.

Discussion
The OTS STEP grant combines several traffic enforcement programs under a single grant umbrella, which reimburses law enforcement agencies for overtime worked on proven traffic enforcement strategies such as driving under the influence/California driver’s license (DUI/CDL) checkpoints and DUI saturation patrols. In addition to checkpoints and saturation patrols, the Police Department will use grant funds to Packet Pg. 1046
develop a “Hot Sheet” program to alert patrol and traffic officers to be on the lookout for identified repeat DUI offenders with suspended or revoked licenses as a result of DUI convictions. Using STEP grant funding, the Police Department will also add patrols focused on motorcycle DUI enforcement, traffic enforcement, collaborative DUI enforcement with neighboring agencies, motorcycle safety enforcement, and bicycle/pedestrian safety enforcement operations. Grant funding will provide for supervisors, detectives, officers, and professional staff to accomplish OTS STEP grant objectives. Staffing levels will vary depending on the enforcement detail being worked.

There are no matching fund requirements for this grant.

All grant funded traffic operations will be conducted to make the streets of San Bernardino safer for all pedestrians and motorists. In addition to enforcement strategies, the STEP program will seek voluntary compliance of traffic laws through public education and safety awareness campaigns throughout the one-year grant period. The grant will reimburse the cost of DUI related training for officers, supplies used at checkpoints, and preliminary alcohol screening (PAS) device/calibration supplies. Staff recommends authorization for the City Manager to accept, execute, and administer the State of California OTS STEP Grant Agreement for Grant Number PT23165 (Attachment 2).
2021-2025 Key Strategic Targets and Goals
The acceptance and administration of the OTS STEP grant aligns with Key Target No. 1c: Improved Operational & Financial Capacity, by implementing, maintaining, and updating a fiscal accountability plan; Key Target No. 2d: Focused, Aligned Leadership and Unified Community, by developing and implementing a community engagement plan; and Key Target No. 3: Improved Quality of Life, by evaluating the public safety service delivery models to enhance the quality of service.

Conclusion
Adopt Resolution No. 2022-200 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept and administer the FY 2022/23 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant and authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget by the amount $530,000 in both revenues and expenditures.

Attachments
Attachment 1 Resolution No. 2022-200
Attachment 2 Grant Agreement PT23165
Ward
All Wards
Synopsis of Previous Council Actions
Packet Pg. 1047
September 1, 2021 Resolution 2021-218, California Office of Traffic Safety STEP grant, approved by Council
September 2, 2020 Resolution 2020-218, California Office of Traffic Safety STEP grant, approved by Council
July 17, 2019 Resolution 2019-264, California Office of Traffic Safety STEP grant, approved by Council
October 3, 2018 Resolution 2018-272, California Office of Traffic Safety STEP grant, approved by Council
July 5, 2017 Resolution 2017-126, California Office of Traffic Safety STEP grant, approved by Council
October 14, 2016 Resolution 2016-211, California Office of Traffic Safety STEP grant, approved by Council
January 23, 2015 Resolution 2015-10, California Office of Traffic Safety STEP grant, approved by Council
March 3, 2014 Resolution 2014-49, California Office of Traffic Safety STEP grant, approved by Council
January 7, 2013 Resolution 2013-1, California Office of Traffic Safety STEP grant, approved by Council
April 10, 2012 Resolution 2012-67, California Office of Traffic Safety STEP grant, approved by Council
Packet Pg. 1048
Resolution No. 2022-200
Resolution 2022-200
September 21, 2022

Page 1 of 3 ends

RESOLUTION NO.2022-200

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT AND
ADMINISTER THE FY 2022/23 CALIFORNIA OFFICE OF

TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC

ENFORCEMENT PROGRAM (STEP) GRANT AND

AUTHORIZING THE AGENCY DIRECTOR OF

ADMINISTRATIVE SERVICES TO AMEND THE FY
2022/23 ADOPTED BUDGET BY THE AMOUNT OF $530,000
IN BOTH REVENUES AND EXPENDITURES.

WHEREAS, The City Police Department is responsible for providing traffic safety services; and
WHEREAS, the City of San Bernardino has been awarded the Office of Traffic Safety grant for the period of October 1, 2022, through September 30, 2023.

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

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

SECTION 2. The City Manager is hereby authorized to execute the State of California Office of Traffic Safety Grant Agreement, Grant Number PT23165, in the amount of $530,000, attached hereto, marked Attachment 2, and incorporated herein.

SECTION 3. The Agency Director of Administrative Services is hereby authorized to amend the Adopted FY2022/23 budget increasing both revenues and expenditures by $530,000, as outlined in the attached grant agreement budget.

SECTION 4. 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 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.

Packet Pg. 1049
Resolution No. 2022-200
Resolution 2022-200
September 21, 2022

Page 2 of 3 ends

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 1050
Resolution No. 2022-200
Resolution 2022-200
September 21, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

Genoveva Rocha, CMC, City Clerk
Packet Pg. 1051
8/2/2022 10:12:47 PM Page 1 of 17
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT23165

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
San Bernardino From:

To:
10/01/2022
09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT
San Bernardino Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $530,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jeff Harvey
Sergeant
[email protected]
909-388-4912
710 N. “ D” Street
San Bernardino, CA 92401
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Robert D. Field
City Manager
[email protected]
(909) 384-5122
290 N D Street
San Bernardino, CA 92401
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Susan Stevens
Senior Management Analyst
[email protected]
(909) 384-5693
710 North D Street
San Bernardino, CA 92401
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
Packet Pg. 1052
8/2/2022 10:12:47 PM Page 2 of 17

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $530,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$530,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $530,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:
805349206000
710 N. D Street
Apple Valley
92401-1112
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
Packet Pg. 1053
8/2/2022 10:12:47 PM Page 3 of 17
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT23165

1. PROBLEM STATEMENT
San Bernardino is the second-largest city in the Inland Empire metropolitan area of California, and the county seat of San Bernardino County, the largest county in geographic area in the 48 contiguous states. San Bernardino is the gateway to the San Bernardino Mountains, and is a major crossroads for traffic along the I-10 and I-215/15 transportation and Las Vegas corridor. The City of San Bernardino has continued to see increases in fatalities. Between the years of 2009-2013, the city had an average of 14.8 fatalities at a rate of 7.4 per 100,000. In 2015-2021 the city experienced increases in fatalities of 38, 28, 42, 46 63, AND 47 fatalities respectively per year. The current 2021 fatality rate in San Bernardino is 22.2 per capita. Nationally, 2018 fatal collision rates are at a comparative 11.18 per capita. Using California OTS ranking information for 2019, San Bernardino had a composite ranking of 4 out of 59 cities in the state of California. As can be seen in the chart below, fatalities continue to rise.

An increase in DUI fatalities was observed in 2021 at 68% as compared to 62% in 2020. An increase in DUI driving under the influence of marijuana and inhalants has been observed, resulting in a higher number of fatalities. Many fatalities in the city are pedestrian related and constituted 42.5% of fatalities in 2021.

Pedestrian fatalities increased 30% in 2021 and there is continued need for pedestrian enforcement.

Enforcement has focused on areas where a high number of pedestrian collisions occur, including school zones.

As demonstrated by statistics generated by SBPD Records Management Systems, there is a direct correlation between manpower and public safety on the roadway. The San Bernardino Police Department Executive Administration has worked diligently to fill staffing vacancies. It has been difficult filling all of the police officer positions. Due to a high number of calls for service, patrol units are not able to conduct highly visible traffic enforcement. The motor unit is tasked with high visibility enforcement, but staffs only six officers with an auxiliary unit of six officers to assist with investigations. The Patrol Division has a high priority level for new staffing, resulting in a reduction of motor officers. The grant funds that have been awarded by the Office of Traffic Safety have been extremely beneficial to the residents, businesses, and visitors of San Bernardino. Grant funds put more officers on the streets for enforcement of traffic laws and educating the public.

In 2021, the San Bernardino Police Department investigated 47 fatal traffic collisions. All of the collision investigations were conducted by Traffic Division personnel consisting of six officers. These investigations are time consuming and take the traffic officers off the street for a substantial amount of time, which also adds to the decrease in our proactive time to enforce traffic laws. The funds granted By California Office of Traffic Safety substantially increase officers proactive time to increase traffic safety. As a result of the utilization of OTS grant funds, SBPD six motor officer made 43% of all DUI arrests in the City of San Bernardino.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

Packet Pg. 1054
8/2/2022 10:12:47 PM Page 4 of 17

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1

7. Send law enforcement personnel to the DRE Recertification training. 1

8. Send law enforcement personnel to SFST Instructor training. 1

9. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
6 10. Conduct DUI Saturation Patrol operation(s). 11

11. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
4 12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
1 13. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 1 14. Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s). 1

15. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 5 16. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 Packet Pg. 1055
8/2/2022 10:12:47 PM Page 5 of 17

17. Conduct Know Your Limit campaigns with an effort to reach members of the community.
1 18. Conduct collaborative DUI Enforcement operations. 2

19. Conduct collaborative Traffic Enforcement operations. 1

20. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted this quarter.  All grant related purchases needed to implement the program should be made this quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
 Media RequirementsIssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is Packet Pg. 1056
8/2/2022 10:12:47 PM Page 6 of 17
happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
Packet Pg. 1057
8/2/2022 10:12:47 PM Page 7 of 17
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

Packet Pg. 1058
8/2/2022 10:12:47 PM Page 8 of 17
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT23165

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-23 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$330,000.00
402PT-23 20.600 State and Community Highway
Safety
$200,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-23 $20,214.00 6 $121,284.00
DUI Saturation Patrols 164AL-23 $14,088.00 11 $154,968.00 Know Your Limit 164AL-23 $2,382.00 1 $2,382.00
Collaborative DUI Enforcement 164AL-23 $11,910.00 2 $23,820.00 Traffic Enforcement 402PT-23 $12,247.00 4 $48,988.00
Distracted Driving 402PT-23 $13,235.00 1 $13,235.00
Motorcycle Safety 402PT-23 $12,247.00 1 $12,247.00
Night-time Click It Or Ticket 402PT-23 $12,247.00 1 $12,247.00 Pedestrian and Bicycle Enforcement 402PT-23 $13,759.00 5 $68,795.00 Traffic Safety Education 402PT-23 $2,382.00 2 $4,764.00 Street Racing and Sideshow Enforcement
Operations
402PT-23 $14,096.00 1 $14,096.00
Collaborative Traffic Enforcement 402PT-23 $11,910.00 1 $11,910.00 Benefits for 402PT OT @ 5.25% 402PT-23 $186,282.00 1 $9,780.00 Category Sub-Total $498,516.00
B. TRAVEL EXPENSES
In State Travel 402PT-23 $3,938.00 1 $3,938.00
$0.00
Category Sub-Total $3,938.00
C. CONTRACTUAL SERVICES
Phlebotomist 164AL-23 $75.00 75 $5,625.00
Category Sub-Total $5,625.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
Benefits for 164AL OT @ 5.25% 164AL-23 $302,454.00 1 $15,879.00 DUI Checkpoint Supplies 164AL-23 $6,042.00 1 $6,042.00
Category Sub-Total $21,921.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
Packet Pg. 1059
8/2/2022 10:12:47 PM Page 9 of 17
GRANT TOTAL $530,000.00
Packet Pg. 1060
8/2/2022 10:12:47 PM Page 10 of 17
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT23165

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Night-time Click It Or Ticket - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Benefits for 402PT OT @ 5.25% - Medicare 1.45%
Unemployment Insurance 0.30%
Workers Compensation 3.5%

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
Phlebotomist - To draw and collect blood samples from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law.

EQUIPMENT
-

OTHER DIRECT COSTS
Benefits for 164AL OT @ 5.25% - Medicare 1.45%
Unemployment Insurance 0.30%
Workers Compensation 3.5%
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Packet Pg. 1061
8/2/2022 10:12:47 PM Page 11 of 17

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
Packet Pg. 1062
8/2/2022 10:12:47 PM Page 12 of 17
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT23165

CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
 23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended  Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94  23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs  2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
 2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21;  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).

The SubgranteePacket Pg. 1063
8/2/2022 10:12:47 PM Page 13 of 17
 Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted;  Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
 Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
 Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance;  Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o “During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal nondiscrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will –

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an Packet Pg. 1064
8/2/2022 10:12:47 PM Page 14 of 17
employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted –

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements The signed certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
Packet Pg. 1065
8/2/2022 10:12:47 PM Page 15 of 17
Instructions for Primary Tier Participant Certification (States)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment Packet Pg. 1066
8/2/2022 10:12:47 PM Page 16 of 17
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Lower Tier Participant Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

Packet Pg. 1067
8/2/2022 10:12:47 PM Page 17 of 17
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

Packet Pg. 1068

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 21, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Department: Police
Subject: Resolution Authorizing the City Manager to Execute a Contract for Off-Road Police Vehicles Purchase and
Authorizing the Agency Director of Administrative
Services to Amend the FY 2022/23 Adopted Budget
Recommendation
Adopt Resolution No. 2022-204 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a contract with the County of San Bernardino for the acceptance of $162,334 from the County of San Bernardino, and authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget.

Background
The County of San Bernardino Board of Supervisors, more particularly Supervisor Joe Baca, is desirous of providing the City of San Bernardino Police Department with funding for the purchase of off-road police vehicles and associated equipment. The amount authorized by the County of San Bernardino is $162,334. This funding is for the purpose of off-road vehicle enforcement in the County flood control areas, along with addressing the challenges surrounding safety concerns of homelessness in the County flood control areas and riverbeds. The off-road vehicles can be used in other areas of the City of San Bernardino that experience off-road vehicle related crime and homelessness in rural City property.

Discussion
On November 16, 2021, the County Board of Supervisors authorized the disbursement of $7 million to each of the five supervisorial districts under the Priorities Program. This Packet Pg. 1069
funding was to assist with the purchase of off-road police vehicles for cities surrounding the County flood controls and Santa Ana Riverbed. Several municipalities have already utilized some of these funds for off-road enforcement vehicles and are preparing additional purchases under this program.

The City of San Bernardino experiences off-road vehicle related crime in multiple areas of City property, and County property, within the City limits. The County flood control areas along with the Santa Ana Riverbed have been plagued with off-road vehicle trespassing along with homeless encampments. These areas have historically been difficult to police due to their inaccessibility with the City’s current police vehicle fleet.

The County of San Bernardino has requested the City of San Bernardino accept $162,334 of County funds, to purchase and equip off-road police vehicles for the purpose of enforcing laws in the County flood control areas and in the Santa Ana Riverbed.
2021-2025 Key Strategic Targets and Goals
The request to authorize the receipt, obligation, and expenditure of County funding for the purchase of off-road specific police vehicles aligns with Key Target No. 1: Improved Operational and Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.

Fiscal Impact
There is no financial impact to the General Fund with this recommendation. The FY 2022/23 adopted budget will be amended in both revenues and expenditures by $162,334.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-204, authorizing the City Manager to execute a contract with the County of San Bernardino for the acceptance of $162,334 from the County of San Bernardino, and authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget.

Attachments
Attachment 1 Resolution 2022-204
Attachment 2 Contract with the County of San Bernardino Ward
All Wards
Synopsis of Previous Council Actions
None
Packet Pg. 1070
Resolution No. 2022-
Resolution 2022-
September 21, 2022

Page 1 of 3 ends

RESOLUTION NO.______

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT WITH THE COUNTY OF SAN BERNARDINO
FOR THE ACCEPTANCE OF $162,334 FROM THE

COUNTY OF SAN BERNARDINO, AND AUTHORIZING

THE AGENCY DIRECTOR OF ADMINISTRATIVE
SERVICES TO AMEND THE FY 2022/23 ADOPTED
BUDGET
WHEREAS, the County of San Bernardino has agreed to provide $162,334 of County funding under the Priorities Program; and,
WHEREAS, this funding is for the purchase of off-road police vehicles for off-road vehicle enforcement in the County flood control areas and riverbeds.

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

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

SECTION 2, The City Manager is hereby authorized to execute a contract with the County of San Bernardino for the acceptance $162,334 of County funds, under the County’s Priorities Program, for the purchase of off-road police vehicles and associated equipment, SECTION 3, The Director of Finance is hereby authorized to amend the FY 2022/23 Adopted Budget increasing revenue and expenditures by $162,334.

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

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

Packet Pg. 1071
Resolution No. 2022-
Resolution 2022-
September 21, 2022

Page 2 of 3 ends

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 1072
Resolution No. 2022-
Resolution 2022-
September 21, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

Genoveva Rocha, CMC, City Clerk
Packet Pg. 1073
Standard Contract Page 1 of 18

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Board of Supervisors
Department Contract Representative Paloma Hernandez-Barker Telephone Number 909-387-5426
Contractor City of San Bernardino
Contractor Representative Chief of Police Darren Goodman Telephone Number (909) 384-5742
Contract Term 09/13/22-09/13/23
Original Contract Amount Not-to-Exceed $162,334
Amendment Amount
Total Contract Amount Not-to-Exceed $162,334
Cost Center 1025001000
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contractual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens; and
WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents; and,
WHEREAS, on September 21, 2021 (Item No. 18), the Board approved the Board of Supervisors Discretionary Fund – District Specific Priorities Program (Priorities Program) and allocated $4 million to each of the five supervisorial districts; and
WHEREAS, on November 16, 2021 (Item No. 33), the Board approved an additional allocation of $7 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, San Bernardino County (County) desires to provide funding to acquire an off-highway vehicle fleet, including necessary accessories, lights, sirens, and identifying decals, to address the challenges surrounding safety concerns and homelessness in County flood control areas and riverbeds; and Contract Number

SAP Number

Packet Pg. 1074
Revised 06/16/2021 Page 2 of 18
WHEREAS, the County would like the City of San Bernardino (Contractor) through its Police Department to provide these services; and
WHEREAS, the County finds Contractor qualified to provide to purchase an off-highway vehicle fleet to address the challenges surrounding safety concerns and homelessness in County flood control areas and riverbeds; and WHEREAS, providing funding to Contractor serves the public purpose of providing for the health, public safety and law enforcement needs of County residents; and
WHEREAS, the County residents of the City of San Bernardino and the surrounding communities of the Fifth District will be served by the purchase of an off-highway vehicle fleet; and WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below.

NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor in purchasing an offhighway vehicle fleet to meet the needs of the residents of the City of San Bernardino and surrounding communities.

B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a Scope of Services to assist Contractor with purchasing an off-highway vehicle fleet to provide for the health, public safety and law enforcement needs of the County residents and first responders and promote the Countywide Vision. This vehicle fleet will be used for off-road enforcement patrol to address the challenges surrounding trespassing, illegal offhighway vehicle usage, safety concerns and homelessness in County flood control areas and riverbeds.

B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to onsite inspection of the City of San Bernardino Police Department for the duration of this Contract.

Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.

B.3 Contractor shall provide the County all documentation regarding the scope of services covered by this Contract that the County requests from Contractor within 10 days of County’s request unless a different time is agreed to by the County.

B.4 Contractor shall provide the County with documentation supporting completion of the project within 60 days of project completion.

C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

C.3 Contract Assignability
Packet Pg. 1075
Revised 06/16/2021 Page 3 of 18
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.

C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (d) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C. 9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to require Contractor’s employees, agents, representatives and Packet Pg. 1076
Revised 06/16/2021 Page 4 of 18
subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

C.12 County Internship Initiative
Contractor agrees to be contacted by the County to solicit its participation in an internship initiative known as GenerationGo! Career Pathways, involving the potential placement and hiring of interns by Contractor’s business. Contractor is encouraged, and agrees to make good faith efforts, to utilize the County’s program to aid the County’s Vision for a skilled workforce and jobs that create countywide prosperity, and its goal to Create, Maintain and Grow Jobs and Economic Value in the County. The County’s objective with its internship initiative is to focus on training, education, employment and support services to develop a more highly-educated and trained workforce. When participating in the County’s internship initiative, the Contractor remains an independent contractor and shall not be construed as agents, officers, or employees of the County. More information about the County’s GenerationGo! Career Pathways Program can be located at http://wp.sbcounty.gov/workforce/career-pathways/.

C.13 County Representative
The Fifth District Supervisor or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

C.14 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

C. 15 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontracts is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).

Contractor further certifies that if it or any of its subcontractors are business entities that must be Packet Pg. 1077
Revised 06/16/2021 Page 5 of 18
registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

C.16 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

C.16.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.16.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.16.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

C.17 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.18 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.

Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

C.19 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally Packet Pg. 1078
Revised 06/16/2021 Page 6 of 18
preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.

C.20 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

C.21 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

C.22 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

C.23 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.24 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

C.25 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

Packet Pg. 1079
Revised 06/16/2021 Page 7 of 18
C.26 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.27 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.28 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

C.29 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV–Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

C.30 RESERVED.

C.31 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.32 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

C.33 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

Packet Pg. 1080
Revised 06/16/2021 Page 8 of 18
C.34 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

C.35 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

C.36 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.37 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.

For any subcontractor, Contractor shall:

37.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and

37.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.

37.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.

C. 38 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

C.39 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.

Packet Pg. 1081
Revised 06/16/2021 Page 9 of 18
Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any reason the timely completion of the scope of work described in Section A or B under this Contract is rendered improbable, infeasible or impossible.

Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.

C.40 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.41 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

C.42 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.

Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

C.43 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.44 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.

Failure to provide the information may result in a termination of the Contract. The County also Packet Pg. 1082
Revised 06/16/2021 Page 10 of 18
reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

C.45 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.

C.46 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.

C.47 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Packet Pg. 1083
Revised 06/16/2021 Page 11 of 18
Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205.

D. TERM OF CONTRACT
The services to be provided by Contractor shall commence on September 13, 2022, and shall be completed by September 13, 2023, but may be terminated earlier in accordance with provisions of this Contract.

The County Chief Executive Officer may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor;
c. Will not change the project goals or scope of services; d. Are in the best interests of County and Contractor in performing the scope of services under this Contract; and
e. Do not alter the amount of compensation under this Contract.

E. RESERVED.

F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $162,334 and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.

F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, County shall disburse compensation and monitor the Contractor’s performance in satisfying the scope of work obligations under the terms of this Contract.

Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor’s invoice or the resolution of any billing dispute. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a format acceptable to the County for services performed under this Contract. Contractor shall email invoice to County Administrative Office-Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS-SAN BERNARDINO COUNTY-EDUCATION PROGRAM — 21-NNN – PO 4100NNNNNN).

Contractor shall submit a final expenditure report documented with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance. Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE DOCUMENTS.

Packet Pg. 1084
Revised 06/16/2021 Page 12 of 18
F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.

Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.

F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the Scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.

G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to Packet Pg. 1085
Revised 06/16/2021 Page 13 of 18
the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.

All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.

The Contractor hereby waives all rights of subrogation against the County.

G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or selfinsurance programs carried or administered by the County.

G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance Packet Pg. 1086
Revised 06/16/2021 Page 14 of 18
coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.

If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:

G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.

If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined Packet Pg. 1087
Revised 06/16/2021 Page 15 of 18
single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.

G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

G.11.6
H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.

I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

Packet Pg. 1088
Revised 06/16/2021 Page 16 of 18
J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of San Bernardino Police Department
710 N. D St.

San Bernardino, CA 92410
Attn: Chief of Police Darren Goodman
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

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

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

Packet Pg. 1089
Revised 06/16/2021 Page 17 of 18
IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

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

SAN BERNARDINO COUNTY
City of San Bernardino
(Print or type name of corporation, company, contractor, etc.) By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name

Robert D. Field
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 290 N. D Street
San Bernardino, CA, 92401
Packet Pg. 1090
Revised 06/16/2021 Packet Pg. 1091 Page 18 of 18

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 21, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Darren Goodman, Chief of Police
Department: Police Department
Subject: Accept the Project Safe Neighborhoods Grant
Recommendation
Adopt Resolution No. 2022-192 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2021 Project Safe Neighborhoods Grant and authorize the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $200,000 in both revenue and expenditures.

Background
The Project Safe Neighborhoods (PSN) Program is administered by the U.S.

Department of Justice (DOJ), Bureau of Justice Assistance (BJA) through the United States Attorney’s Office Central District of California (USAO-CDCA) and San Diego Association of Governments (SANDAG) is appointed as the fiscal agent. The PSN Grant is a competitive grant process. The Department was previously awarded PSN Grant funds in FY 2020/21 to pay officers overtime to conduct proactive extra patrols in the City. The Department submitted a grant proposal on March 24, 2022 for the FY 2021 PSN Grant. On June 23, 2022, the Department was notified it would receive $200,000 in grant funding to support the proposed program.

Discussion
The PSN program is designed to create and encourage safer neighborhoods through a sustained reduction in violent crime. The grant funding has been authorized to be used by the Department to fund overtime for data-driven violent crime impact teams.

The grant has a term of up to three years or until all funds have been expended.

The Department was previously awarded these funds in FY 2020/21. With these funds, the Department was able to deploy officers on an overtime basis to conduct proactive extra patrols in areas of the city to help reduce violent crime. PSN Grant-funded efforts Packet Pg. 1092
resulted in 68 felony arrests, 143 misdemeanor arrests, 45 firearms recovered, and seized over 50 pounds of methamphetamine. Additionally, the Department’s effort led the USAO-CDCA to designate San Bernardino as one of three focus areas for violent crime reduction during the 2021 PSN Grant solicitation. 2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation and expenditure of the FY 2021 PSN Grant aligns with Key Target No. 1c: Improved Operational & Financial Capacity - Implement, maintain, and update a fiscal accountability plan.

Fiscal Impact
There is no fiscal impact to the General Fund with the acceptance of this grant as there are no fund match requirements. The FY 2022/23 Adopted Budget will need to be amended by $200,000 in both revenues and expenditures
Conclusion
Adopt Resolution No. 2022-192 authorizing the City Manager to accept the FY 2021 Project Safe Neighborhoods Grant and authorize the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $200,000 in both revenue and expenditures.

Attachments
Attachment 1 Resolution 2022-192
Attachment 2 Subaward Information Letter
Ward
All Wards
Synopsis of Previous Council Actions
June 6, 2021 - Mayor and City Council adopted resolution No. 2021-132 authorizing the City Manager to accept the FY 2020 Project Safe Neighborhoods Grant and the Director of Finance to amend the FY 2020/21 adopted budget appropriating $174,496 in both revenue and expenditures
Packet Pg. 1093
RESOLUTION NO. 2022-192

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT THE
FY 2021 PROJECT SAFE NEIGHBORHOODS GRANT AND

AUTHORIZE THE DIRECTOR OF FINANCE TO AMEND
THE FY 2022/23 ADOPTED BUDGET APPROPRIATING
$200,000 IN BOTH REVENUE AND EXPENDITURES
WHEREAS, the City of San Bernardino has been awarded the FY 2021 Project Safe Neighborhoods Grant funding in the amount of $200,000; and, WHEREAS, the City will use the grant funding to support data-driven impact patrols to reduce violent crime in the City.

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

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

SECTION 2. The City Manager is hereby authorized to execute the grant agreement between the City of San Bernardino and the San Diego Association of Governments (SANDAG) and accept the FY 2021 Project Safe Neighborhoods Grant in the amount of $200,000.

SECTION 3. The Director of Finance is hereby authorized to amend the FY 2022/23 Adopted Budget increasing revenue and expenditures by $200,000.

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.

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

Packet Pg. 1094
Resolution No. 2022-192
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 1095
Resolution No. 2022-192

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. 2022-192, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 1096
FY 2021 PSN Page 1 of 46 SBPD

SUBAWARD INFORMATION
Federal Award Identification U.S. Department of Justice (US DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA)
Subrecipient San Bernardino Police Department
Subrecipient’s Unique Entity Identifier HRJPGFZSC3H6
Subaward Number and Project Title 15PBJA-21-GG-03003-GUNP Implement PSN grant activities in the Central District of California Federal Award Identification Number (FAIN)
Federal Award Date 12/8/2021 -- 9/30/2024
Subaward Period of Performance Start and
End Dates
10/01/2021 – 09/30/2024
Subaward Budget Period Start and End
Dates
10/01/2021 – 09/30/2024
Amount of Federal Funds Obligated by this
action by SANDAG to the Subrecipient
$200,000
Total Amount of Federal Funds Obligated to
the Subrecipient by SANDAG including the
current financial obligation
$200,000
Total Amount of the Federal Award
committed to the Subrecipient by SANDAG
$915,514
Federal award project description, as
required to be responsive to the Federal
Funding Accountability and Transparency
Act (FFATA)
This project is supported under Fiscal Year 2021 (BJA – Project Safe Neighborhoods Award) 34 USC 60701-05. Project Safe Neighborhoods (PSN) is designed to create and foster safer communities through a sustained reduction in violent crime. The program's effectiveness depends upon the ongoing coordination, cooperation, and partnerships of local, state, tribal, and federal law enforcement agencies and community organizations working together with the communities they serve — engaged in a unified approach coordinated by the U.S. Attorney (USA) in all 94 districts.

Federal awarding agency U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA)
Fiscal Agent and contact information of
awarding official
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
(619) 699-1900
[email protected]
Catalog of Federal Domestic Assistance
(CFDA)

16.609 – Project Safe Neighborhoods
Is this Subaward for Research and
Development?
No
Indirect cost rate for the Federal award per 2
CFR 200.414
Packet Pg. 1097
FY 2021 PSN Page 2 of 46 SBPD
FY 2021 PROJECT SAFE NEIGHBORHOODS

SUBAWARD GRANT AGREEMENT

BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS

AND SAN BERNARDINO POLICE DEPARTMENT
AGREEMENT NO. INSERT NUMBER
This Subaward Grant Agreement No. Insert Number (AGREEMENT), executed as of the date of the last signature shown on the signature page, is between the San Diego Association of Governments, 401 B Street, Suite 800, San Diego, California 92101 (SANDAG), and San Bernardino Police Department 710 N. D St. San Bernardino CA., 92401 (hereinafter referred to as “SUBRECIPIENT”). SANDAG and SUBRECIPIENT are also hereinafter collectively referred to as “the Parties.”

RECITALS
WHEREAS, San Bernardino Police Department submitted a proposal in response to the Office of the United States Attorney (USAO), Eastern District of California solicitation for innovative, multidisciplinary, multi-agency approaches to address violent crime through the cultivation of collaborative relationships; and
WHEREAS, SANDAG is the fiscal agent of the grant for the FY 2021 Project Safe Neighborhood (PSN), (CFDA Number 16.609) (the “Master Agreement” or “Grant”) from the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA); NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

I. GRANT AWARD AND TERM OF AGREEMENT
A. The total amount payable to SUBRECIPIENT pursuant to this AGREEMENT by SANDAG shall not exceed the amount shown on the first page of this AGREEMENT (Fund Limit). It is agreed and understood that this Fund Limit is a ceiling and that SANDAG will only reimburse the allowable cost of services actually rendered in accordance with the AGREEMENT. The actual amount reimbursed by SANDAG may be less than the Fund Limit.

B. The effective date is the Subaward Period of Performance Start Date shown on the first page of this AGREEMENT. SANDAG authorizes RECIPIENT to begin working on the Project, and SUBRECIPIENT agrees to undertake Project work, promptly after receiving a written Notice to Proceed from SANDAG. SUBRECIPIENT shall not proceed with the Project, and shall not be eligible to receive payment for work performed, prior to SANDAG issuance of a written Notice to Proceed.

C. This AGREEMENT shall terminate on the Subaward Period of Performance End Date shown on the first page of this AGREEMENT unless it is amended in writing by the Parties.

Packet Pg. 1098
FY 2021 PSN Page 3 of 46 SBPD
II. NOTIFICATION OF PARTIES
All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

SANDAG: San Diego Association of Governments
Attention:
401 B Street, Suite 800
San Diego, CA 92101
Dr. Octavio Rodriguez Ferreira
SUBRECIPIENT: San Bernardino Police Department
Attention: Francisco Hernandez
710 North D Street
San Bernardino, CA 92401
[email protected]
III. SCOPE OF PERFORMANCE
A. SUBRECIPIENT agrees to complete the Project as described in the Statement of Work attached as Exhibit A to this AGREEMENT using the awarded federal funds provided under the AGREEMENT solely for the Project.

B. This AGREEMENT was awarded based on the application submitted by SUBRECIPIENT with the intention that the awarded funds would be used to implement the Project as described in the Statement of Work. Any substantive deviation from the Statement of Work must be approved in advance by written amendment if grant funds are to be used for such changes. If SUBRECIPIENT believes substantive changes need to be made to the Project, SUBRECIPIENT will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the relevant federal funding program and whether the changes would have negatively affected the Project ranking during the grant application process.

SANDAG reserves the right to have AGREEMENT funding withheld or refunded due to substantive Project changes.

C. SUBRECIPIENT shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, if any, included in the Statement of Work.

D. In the event SUBRECIPIENT encounters or anticipates difficulty in meeting the Project Schedule, SUBRECIPIENT shall immediately notify SANDAG in writing and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which SUBRECIPIENT expects to complete performance. SUBRECIPIENT’s notification shall be informational in character only and SANDAG’s receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this AGREEMENT.

IV. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2021 award from OJP.

Packet Pg. 1099
FY 2021 PSN Page 4 of 46 SBPD
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2021 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2021 award.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that SUBRECIPIENT must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which SUBRECIPIENT must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, SUBRECIPIENT is to contact SANDAG promptly to seek clarification from OJP.

V. COMPLIANCE WITH DOJ GRANTS FINANCIAL GUIDE
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. SUBRECIPIENT agrees to comply with the DOJ Grants Financial Guide.

VI. COMPLIANCE WITH GENERAL APPROPRIATIONS LAW RESTRICTIONS ON THE USE OF FEDERAL FUNDS (FY 2021)
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2021, are set out at https://ojp.gov/funding/Explore/FY21AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by SUBRECIPIENT would or might fall within the scope of an appropriations-law restriction, SUBRECIPIENT is to contact SANDAG promptly to seek guidance from OJP, and may not proceed without the express prior written approval of OJP.

VII. RECLASSIFICATION OF VARIOUS STATUTORY PROVISIONS TO A NEW TITLE 34 OF THE

UNITED STATES CODE
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified Packet Pg. 1100
FY 2021 PSN Page 5 of 46 SBPD
in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

VIII. FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the AGREEMENT was executed only after ascertaining the availability and appropriation of funds.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to SANDAG by the United States Government for the purpose of this Project. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the SANDAG Board of Directors, Congress or the State Legislature that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that, if the Congress does not appropriate sufficient funds for the program and Project, this AGREEMENT shall be amended to reflect any reduction in funds.

D. SANDAG has the option to void this AGREEMENT under the termination clause or to amend this AGREEMENT to reflect any reduction of funds. In the event of an unscheduled termination, SANDAG may reimburse or offset SUBRECIPIENT costs in accordance with the provisions of this AGREEMENT.

IX. PAYMENT
A. The method of payment for this AGREEMENT will be based upon actual allowable costs.

SANDAG will reimburse SUBRECIPIENT for expended actual allowable direct and indirect costs, including, but not limited to, labor costs, employee benefits, and travel and third-party contract costs incurred by SUBRECIPIENT in performance of the Project work, not to exceed the Fund Limit set forth in this AGREEMENT.

B. A subrecipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise SANDAG and OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.

C. Federal funds must be used to supplement existing State and local funds for program activities and must not supplant (replace) those funds that have been appropriated for the same purpose.

D. SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related Packet Pg. 1101
FY 2021 PSN Page 6 of 46 SBPD
to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

E. Reimbursement of SUBRECIPIENT expenditures will be authorized only for those allowable costs actually incurred by SUBRECIPIENT in the performance of the Project work. SUBRECIPIENT must have incurred the expenditures on or after receiving the SANDAG Notice to Proceed and before the Termination Date of this AGREEMENT, and also must have paid for those costs to claim any reimbursement.

F. Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.

G. With respect to any award of more than $250,000 made under a solicitation, a recipient may not use federal funds to pay total cash compensation (salary plus cash bonuses) to any employee of the recipient at a rate that exceeds 110 percent of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. The 2021 salary table for SES employees is available on the Office of Personnel Management website.

OJP does not apply this limitation on the use of award funds to the nonprofit organizations listed in Appendix VIII to 2 C.F.R. Part 200. See the DOJ Financial Guide for more information on Employee Compensation.

H. SUBRECIPIENT shall submit invoices no more frequently than monthly, and no less frequently than every 90 calendar days. SANDAG will reimburse SUBRECIPIENT for all allowable Project costs no more frequently than monthly, and no less frequently than every 90 calendar days, in arrears as promptly as SANDAG fiscal procedures permit upon receipt of itemized signed invoices. The standardized SUBRECIPIENT invoice and reporting forms will be provided by SANDAG. Invoices shall reference this AGREEMENT, and shall be signed and submitted to SANDAG at the following address or as may be otherwise indicated by SANDAG in the event it transitions to an electronic invoicing process:

San Diego Association of Governments
Attention:
401 B Street, Suite 800
San Diego, CA 92101
[email protected]
X. COST PRINCIPLES
A. SUBRECIPIENT agrees to comply with 2 CFR 200, including but not limited to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements and the DOJ Grants Financial Guide, as applicable.

Packet Pg. 1102
FY 2021 PSN Page 7 of 46 SBPD
B. Any Project costs for which SUBRECIPIENT has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR 200 or the DOJ Grants Financial Guide are subject to repayment by SUBRECIPIENT to SANDAG by offset or other means approved by SANDAG. Should SUBRECIPIENT fail to reimburse moneys due SANDAG within 30 calendar days of discovery or demand, or within such other period as may be agreed to in writing between the Parties hereto, SANDAG is authorized to intercept and withhold future payments due SUBRECIPIENT from SANDAG.

C. If SUBRECIPIENT currently has other active awards of federal funds, or if SUBRECIPIENT receives any other award of federal funds during the period of performance for this award, SUBRECIPIENT promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, SUBRECIPIENT must promptly notify SANDAG and the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.

XI. RESTRICTIONS ON “LOBBYING”
In general, as a matter of federal law, federal funds awarded by OJP may not be used by SUBRECIPIENT, or its subrecipients at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government.

See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by SUBRECIPIENT, or its subrecipients at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a subrecipient would or might fall within the scope of these prohibitions, SUBRECIPIENT is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

XII. INDEMNIFICATION AND LIABILITY
A. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties to this AGREEMENT or effect the legal liability of either party to the AGREEMENT by imposing any standard of care with respect to operation, maintenance, or repair different from the standard of care imposed by law or this AGREEMENT. In connection with the Project, SUBRECIPIENT agrees that SANDAG shall not be subject to any obligations or liabilities to any subrecipient, or other person or entity that is not a party to this AGREEMENT.

Notwithstanding that SANDAG may have concurred in or approved any subaward or contract at any tier, SANDAG has no obligations or liabilities to any entity other than the SUBRECIPIENT, including any subrecipient at any tier.

Packet Pg. 1103
FY 2021 PSN Page 8 of 46 SBPD
B. Neither SANDAG nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SUBRECIPIENT or its subrecipients or subcontractors under or in connection with any work, authority, or jurisdiction arising from or related to this AGREEMENT. SUBRECIPIENT, its subrecipients and subcontractors shall fully defend, indemnify, and save harmless SANDAG, its officers and employees from all claims, suits, or actions of every name, kind, and description occurring by reason of anything done or omitted to be done by SUBRECIPIENT, its subrecipients and subcontractors under or in connection with any work, authority, or jurisdiction arising under this AGREEMENT.

XIII. INSURANCE
SUBRECIPIENT shall procure and maintain, and shall cause its subrecipients to maintain, during the period of performance of this AGREEMENT, and for 12 months following the termination date of this AGREEMENT, policies of insurance from insurance companies authorized to do business in the State of California or the equivalent types and amounts of self-insurance, as follows:

A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable “Waiver of Transfer Rights of Recovery Against Others Endorsement.” The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG.

B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. Third-party contractor shall include SANDAG as a loss payee on its policy.

C. Workers’ Compensation and Employer’s Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable “Waiver of Right to Recover From Others Endorsement”.

SUBRECIPIENT shall furnish satisfactory proof by one or more certificates that it has the foregoing insurance. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under insurance procured and maintained by SUBRECIPIENT required under this AGREEMENT. Each insurance policy shall contain a clause, which provides that the policy may not be canceled without first giving 30 days’ advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation.

SUBRECIPIENT shall maintain sufficient insurance or a self-insurance program approved by SANDAG to cover all casualty losses and ensure the repair or replacement of federally funded Property. In the event a piece of Property is not replaced or repaired, SUBRECIPIENT agrees to transfer any insurance proceeds received to SANDAG for remitting the federal share.

XIV. NON-DISCRIMINATION
A. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 Packet Pg. 1104
FY 2021 PSN Page 9 of 46 SBPD
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.

Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to subrecipient organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain subrecipients that are faithbased or religious organizations.

The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.

B. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R.

Part 42 that relate to an equal employment opportunity program.

C. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
D. SUBRECIPIENT, and its subrecipients at any tier, shall not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of race, color, religion, creed, national origin, ancestry, age (over 40), gender identity or expression, sex (including pregnancy, childbirth, breastfeeding or related medical conditions), medical condition, physical or mental disability, genetic information, sexual orientation, marital status, military or veteran status or any other category protected under federal, state or local law. SUBRECIPIENT and its third-party contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

SUBRECIPIENT and its third-party contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this AGREEMENT by this reference and are made a part hereof as if set forth in full. SUBRECIPIENT and its third-party contractor shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

E. SUBRECIPIENT certifies that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis Packet Pg. 1105
FY 2021 PSN Page 10 of 46 SBPD
of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, subrecipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov.

F. SUBRECIPIENT shall include the nondiscrimination and compliance provisions of this Section in all subawards under this AGREEMENT.

G. SUBRECIPIENT shall sign and submit to SANDAG the following forms attached to this AGREEMENT, prior to, or concurrently with, this AGREEMENT: “Certificate of Nondiscrimination Assurances,” and “Equal Employment Opportunity Certificate of Compliance.” XV. ALL SUBAWARDS MUST HAVE SPECIFIC FEDERAL AUTHORIZATION SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization) and are incorporated by reference here.

Although SUBRECIPIENT may delegate any or almost all Project responsibilities to one or more subrecipients at any tier, SUBRECIPIENT agrees that it, rather than any subrecipients, is ultimately responsible for compliance with all applicable laws, regulations, and this AGREEMENT.

XVI. PURCHASES BY SUBRECIPIENT
A. Prior authorization in writing by SANDAG shall be required before SUBRECIPIENT enters into any non-budgeted third-party contracts exceeding the then-prevailing federal micropurchase threshold for supplies, equipment, or consultant services. SUBRECIPIENT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For the purchase of any item, service, or consulting work not covered in the Statement of Work and exceeding the then-prevailing federal micropurchase threshold, SUBRECIPIENT must competitively bid the work, or the absence of bidding must be adequately justified, and prior authorization must be obtained from SANDAG.

1. Specific to procurement contracts that would exceed the Simplified Acquisition Threshold, SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements to obtain specific advance approval from the federal funding agency to use a noncompetitive process. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

2. The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at Packet Pg. 1106
FY 2021 PSN Page 11 of 46 SBPD
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition:

Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)) and are incorporated by reference here.

C. SUBRECIPIENT shall maintain ownership of any real or personal property purchased using AGREEMENT funding (Property) and shall use such Property only for the purposes set forth in this AGREEMENT. The parties agree to meet and confer in good faith to ensure the continued use of the Property for the purposes intended.

D. SUBRECIPIENT shall maintain, or cause to be maintained, the Property at a high level of cleanliness, safety, and if applicable, mechanical soundness, under maintenance procedures, which SUBRECIPIENT must create and implement, consistent with the purposes for which they were intended. SANDAG and the OJP shall have the right to conduct periodic maintenance inspections for the purpose of confirming the existence, condition, and proper maintenance of the Property. SUBRECIPIENT agrees to make all maintenance records available to SANDAG and include as applicable in progress or other reports.

E. Any Property purchased as a result of this AGREEMENT is subject to the following:

1. SUBRECIPIENT shall maintain an inventory record for each piece of non-expendable Property purchased or built with funds provided under the terms of this AGREEMENT.

2. The inventory record of each piece of such Property shall include, but not be limited to, the description, I.D. number, acquisition date, cost, grant-funded percentage, grant number, useful life, location, use and condition, disposition action, title holder, and/or any other information necessary to identify said Property. (2 CFR 200).

3. Non-expendable Property so inventoried are those items of Property that have a normal life expectancy of one year or more and an approximate unit price of $5,000 or more. In addition, theft-sensitive items of Property costing less than $5,000 shall be inventoried. A copy of the inventory record must be submitted to SANDAG upon request by SANDAG.

F. 2 CFR 200 requires a credit to Federal funds when participating Property with a fair market value greater than $5,000 is credited to the Project.

XVII. EMPLOYMENT VERIFICATION FOR HIRING UNDER THE AWARD A. SUBRECIPIENT, and its subrecipients must--

1. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).

2. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both—
a. this award requirement for verification of employment eligibility, and Packet Pg. 1107
FY 2021 PSN Page 12 of 46 SBPD
b. the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

3. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).

4. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

B. Monitoring
SUBRECIPIENT’s monitoring responsibilities include monitoring of its subrecipients’ compliance with this condition.

C. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

D. Rules of construction

1. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

2. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

3. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

4. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

Packet Pg. 1108
FY 2021 PSN Page 13 of 46 SBPD

5. Nothing in this condition, including in the paragraph titled “Employment eligibility confirmation with E-Verify”, shall be understood to relieve any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).

6. Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E[email protected]. E-Verify employer agents can email E-Verify at E[email protected].

7. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

XVIII. ETHICS
A. Written Code of Conduct
SUBRECIPIENT agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, board members, or agents engaged in the award or administration of subawards or contracts supported with funding provided under this AGREEMENT. SANDAG has established policies concerning potential conflicts of interest. These policies apply to SUBRECIPIENT.

B. Conflicts of Interest
For all awards by SANDAG or SUBRECIPIENT, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG and SUBRECIPIENT staffs are specifically prohibited from participating in the selection process for a procurement when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract. It is unlawful for any contract to be made by SANDAG or SUBRECIPIENT if one of their respective board members or staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG or SUBRECIPIENT.

Neither SANDAG nor SUBRECIPIENT’s officers, employees, agents, and board members shall solicit or accept gifts, gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements.

By signing this AGREEMENT, SUBRECIPIENT affirms that it has no knowledge of an ethical violation by SANDAG or SUBRECIPIENT staff. If SUBRECIPIENT has any reason to believe a conflict of interest exists with regard to the AGREEMENT or the Project, it should notify the SANDAG Office of General Counsel immediately.

C. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct SUBRECIPIENT, and its subrecipients at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Packet Pg. 1109
FY 2021 PSN Page 14 of 46 SBPD
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN:

Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

D. Restrictions and Certifications Regarding Non-disclosure Agreements and Related Matters No subrecipient under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, SUBRECIPIENT--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If SUBRECIPIENT does or is authorized under this award to make subawards, procurement contracts, or both--
a. it represents that--
i. it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward, procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or Packet Pg. 1110
FY 2021 PSN Page 15 of 46 SBPD
contractors from reporting waste, fraud, or abuse as described above; and
ii. it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

E. Compliance with 41 U.S.C. 4712 (Including Prohibitions on Reprisal; Notice to Employees) SUBRECIPIENT, and its subrecipients at any tier, must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

SUBRECIPIENT also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, SUBRECIPIENT is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

XIX. RECORDS RETENTION AND AUDITS
A. SUBRECIPIENT and its subrecipients at any tier shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line item for the Project. The accounting system of SUBRECIPIENT, and its third-party contractors at any tier shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of SUBRECIPIENT and its subrecipients at any tier connected with Project performance under this AGREEMENT shall be maintained for a minimum of three years from the date of the SANDAG final payment to SUBRECIPIENT and shall be held open to inspection, copying, and audit by representatives of SANDAG and auditors representing the federal government. Copies thereof will be furnished by SUBRECIPIENT and its subrecipients at any tier upon receipt of any request made by SANDAG or its agents.

B. SUBRECIPIENT and its subrecipients at any tier will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the Packet Pg. 1111
FY 2021 PSN Page 16 of 46 SBPD
State of California designated by SANDAG for the purpose of any investigation to ascertain compliance with this AGREEMENT.

C. SUBRECIPIENT understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) SUBRECIPIENT does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.

XX. HIGH-RISK GRANTEE LIST
A. If SUBRECIPIENT is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, SUBRECIPIENT must disclose that fact and certain related information to OJP by email at [email protected] and SANDAG at the email address specified for receiving notices under this AGREEMENT. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to SUBRECIPIENT's past performance, or other programmatic or financial concerns with SUBRECIPIENT. SUBRECIPIENT's disclosure must include the following: 1. The federal awarding agency that currently designates SUBRECIPIENT high risk, 2. The date SUBRECIPIENT was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

B. SUBRECIPIENT agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if SUBRECIPIENT is designated as "high-risk" for purposes of the DOJ high-risk grantee list.

XXI. MONITORING AND COMPLIANCE
SUBRECIPIENT agrees to comply with SANDAG and OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with SANDAG, BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits.

SUBRECIPIENT agrees to provide to SANDAG, BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this AGREEMENT. Further, SUBRECIPIENT agrees to abide by reasonable deadlines set by SANDAG, BJA and OCFO for providing the requested documents.

SANDAG will engage in a formal written process to notify the SUBRECIPIENT of corrective actions needed to come into compliance. If SUBRECIPIENT does not take corrective action or does not come into compliance with the provisions in this AGREEMENT, or fails to cooperate with SANDAG’s, BJA's, or OCFO's grant monitoring activities, it may result in sanctions affecting SUBRECIPIENT's DOJ awards, including, but not limited to: withholdings and/or other restrictions on SUBRECIPIENT's access to grant funds; referral to the Office of the Inspector General for audit review; designation of SUBRECIPIENT as a DOJ High Risk grantee; or termination of an award(s).

Packet Pg. 1112
FY 2021 PSN Page 17 of 46 SBPD
If SUBRECIPIENT enters into a subaward, the subaward shall contain provisions permitting SANDAG, BJA, or OCFO to perform all monitoring of that subaward in accordance with this AGREEMENT and the Federal Uniform Guidance.

XXII. REPORTS AND DATA COLLECTION
A. SUBRECIPIENT must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to SANDAG in the manner (including within the timeframes) specified by SANDAG and/or OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

B. SUBRECIPIENT shall submit written progress reports no less frequently than quarterly to allow SANDAG to determine if SUBRECIPIENT is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

C. SUBRECIPIENT understands and agrees that quarterly Federal Financial Reports (SF-425) and semi-annual performance reports must be submitted through JustGrants (justgrants.usdoj.gov), and that quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (https://bjapmt.ojp.gov/). For more detailed information on reporting and other requirements, refer to BJA's website. Failure to submit required reports by established deadlines may result in the freezing of grant funds and High Risk designation.

D. SUBRECIPIENT also agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this Project.

XXIII. COPYRIGHT; DATA RIGHTS
SUBRECIPIENT acknowledges that OJP reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward (at any tier); and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership with Federal support.

SUBRECIPIENT acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under any such award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General).

It is the responsibility of SUBRECIPIENT, and of its subrecipients at any tier, to ensure that the provisions of this condition are included in any subaward (at any tier) under this award.

SUBRECIPIENT has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill SUBRECIPIENT’s obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, SUBRECIPIENT shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office.

Packet Pg. 1113
FY 2021 PSN Page 18 of 46 SBPD
XXIV. CONFIDENTIALITY
A. SUBRECIPIENT, and its subrecipients at any tier, must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. SUBRECIPIENT further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.

B. SUBRECIPIENT, and its subrecipients at any tier, must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130).

SUBRECIPIENT's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

XXV. COMPLIANCE WITH OTHER AWARD REQUIREMENTS
A. RECIPIENT represents and warrants to SANDAG that it has all necessary licenses, permits, qualifications and approvals, of whatever nature, that are legally required for it to operate legally.

RECIPIENT further represents and warrants to SANDAG that it shall keep in effect at all times during the term of this AGREEMENT any licenses, permits, and approvals that are required for it to perform under this AGREEMENT.

B. OJP Training Guiding Principles
Any training or training materials that SUBRECIPIENT, or its subrecipients at any tier, develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.

A. SUBRECIPIENT agrees to submit to BJA for review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written, visual, or audio publications, with the exception of press releases, whether published at SUBRECIPIENT's or government's expense, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.

B. Media and Community Outreach Coordination
Packet Pg. 1114
FY 2021 PSN Page 19 of 46 SBPD
SUBRECIPIENT agrees to submit to SANDAG, which will forward to DOJ for review and approval, any proposal or plan for Project Safe Neighborhoods media-related outreach. DOJ approval must be received prior to any obligation or expenditure of grant funds related to the development of media-related outreach projects.

C. Any website that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.

D. Safe Policing and Law Enforcement Subrecipients
If SUBRECIPIENT is a State, local, college, or university law enforcement agency, it affirms that it has been certified by an approved independent credentialing body or has started the certification process. This requirement also applies to subrecipients at any tier which are a State, local, college, or university law enforcement agency. To become certified, law enforcement agencies must meet two mandatory conditions: (1) the agency’s use of force policies adhere to all applicable federal, state, and local laws; and (2) the agency’s use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law. For detailed information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO.

E. Determination of Suitability to Interact with Participating Minors This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by SUBRECIPIENT, or its subrecipients at any tier) is to benefit a set of individuals under 18 years of age.

SUBRECIPIENT, and its subrecipients at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.

F. Encouragement of Policies to Ban Text Messaging While Driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages subrecipients to adopt and Packet Pg. 1115
FY 2021 PSN Page 20 of 46 SBPD
enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

G. Requirements Pertaining to Prohibited Conduct Related to Trafficking in Persons (Including Reporting Requirements and OJP Authority to Terminate Award) SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients, or individuals defined (for purposes of this condition) as "employees" of SUBRECIPIENT or of any subrecipient.

The details of SUBRECIPIENT's obligations pertaining to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConductTrafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

H. Required Attendance at BJA-sponsored Events
SUBRECIPIENT, and its subrecipients at any tier, must participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request.

I. SUBRECIPIENT agrees to comply with the requirements of 28 CFR Part 46 and all other DOJ/OJP policies and procedures regarding the protection of human research subjects, including informed consent procedures and obtainment of Institutional Review Board (IRB) approval, if appropriate.

J. SUBRECIPIENT agrees to coordinate the Project with the U.S. Attorney and Project Safe Neighborhoods Task Force for the district covered by the award. SUBRECIPIENT also is encouraged to coordinate with other community justice initiatives, and other ongoing, local gun prosecution and law enforcement strategies.

K. SUBRECIPIENT must report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of this condition, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

XXVI. CHANGES IN TERMS OR CONDITIONS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the Parties.

Packet Pg. 1116
FY 2021 PSN Page 21 of 46 SBPD
B. SUBRECIPIENT agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect SUBRECIPIENT’s ability to perform the Project in accordance with the terms of this AGREEMENT. SUBRECIPIENT also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG interests in the Project or SUBRECIPIENT’s ability to carry out the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, SUBRECIPIENT agrees to send each notice to SANDAG required by this subsection to the SANDAG Office of General Counsel.

XXVII. REQUIREMENTS OF THE AWARD; REMEDIES FOR NON-COMPLIANCE OR FOR

MATERIALLY FALSE STATEMENTS
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of SUBRECIPIENT that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, DOJ may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the OJP webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNoticesAwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of SUBRECIPIENT, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of SUBRECIPIENT that relate to conduct during the period of performance.

Failure to comply with one or more award requirements -- whether a condition set out in full in the AGREEMENT, a condition incorporated by reference, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to SUBRECIPIENT and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or unenforceable, such provision shall be deemed severable from this award.

XXVIII. DISPUTES
A. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be finally decided by the SANDAG Chief Executive Officer or delegate, who Packet Pg. 1117
FY 2021 PSN Page 22 of 46 SBPD
may or may not consider any written or verbal evidence submitted by SUBRECIPIENT, in the Chief Executive Officer’s or delegate’s sole discretion.

B. Neither the pendency of a dispute nor its consideration by SANDAG will excuse either party from full and timely performance in accordance with the terms of the AGREEMENT.

C. The above dispute resolution procedure does not apply in the event of a dispute resulting in termination of this AGREEMENT, in which case the procedures set forth in the Part 200 Uniform Requirements or the DOJ Grants Financial Guide take precedence.

XXIX. EARLY TERMINATION OF THIS AGREEMENT
A Federal award may be terminated in whole or in part as follows:
• By the DOJ awarding agency or SANDAG for failure to comply with the terms and conditions of an award;
• By the DOJ awarding agency or SANDAG for cause;
• By the DOJ awarding agency or SANDAG with consent of the SUBRECIPIENT, in which case the two parties must agree upon termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated; or • By the SUBRECIPIENT upon sending the DOJ awarding agency or SANDAG written notification including the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if the DOJ awarding agency determines that partial termination of the award will not accomplish the purposes for which the award was made, then DOJ may terminate the award in its entirety.

The awarding agency or SANDAG will provide SUBRECIPIENT with notice of termination. If the award is terminated for failure to comply with the statutes, regulations, or terms and conditions of the award, the termination decision may be considered in evaluating future applications received from SUBRECIPIENT.

When an award is terminated or partially terminated, SUBRECIPIENT remains responsible for compliance with the requirements in 2 C.F.R. § 200.343 (Closeout) and 2 C.F.R. § 200.344 (Postcloseout adjustments and continuing responsibilities).

XXX. PROJECT CLOSE OUT
The Subaward Period of Performance End Date of this AGREEMENT refers to the last date for SUBRECIPIENT to incur valid Project costs or credits. SUBRECIPIENT has 60 days after the termination date of this AGREEMENT to make final allowable payments to its subrecipients or subcontractors, prepare and submit Project closeout reports, and submit the final invoice to SANDAG for reimbursement for allowable Project costs. Any unexpended Project funds invoiced after 90 days post the termination date of this AGREEMENT will be forfeited and will no longer be accessible by SUBRECIPIENT to reimburse for Project expenses. See the requirements in 2 C.F.R. § 200.343 (Closeout) and the DOJ Grants Financial Guide for additional information.

Packet Pg. 1118
FY 2021 PSN Page 23 of 46 SBPD
XXXI. RELATIONSHIP OF PARTIES
It is expressly understood that this AGREEMENT is executed by and between two independent entities and that this is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

XXXII. INTEGRATION AND SEVERABILITY
This AGREEMENT represents the entire understanding of SANDAG and SUBRECIPIENT as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This AGREEMENT may not be modified or altered except in writing, signed by SANDAG. If any provision of the AGREEMENT is determined invalid, the remainder of the AGREEMENT shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. All Attachments to this AGREEMENT are hereby incorporated as though set forth in full herein.

XXXIII. FORCE MAJEURE
Either party is excused from performance hereunder if such non-performance results from acts of God, epidemics, war, riots, acts of governmental authorities, or any other cause that could not have been overcome by the exercise of due diligence or planning by the non-performing party. In the event of the occurrence of a force majeure event, the party unable to perform shall promptly notify the other party within five calendar days and provide an explanation describing why the inability to perform is not due in whole or in part to its actions or inaction. It shall further pursue its best efforts to resume performance as quickly as possible and shall suspend performance only for such period of time as is necessary as a result of the force majeure event.

XXXIV. SURVIVAL
The rights, obligations and conditions set forth in the Sections of this AGREEMENT entitled Indemnification and Liability, Insurance, Notices, Cost Principles, and any right, obligation or condition that, by its express terms or nature and context is intended to survive the termination or expiration of this AGREEMENT, shall survive until the last applicable statute of limitations expires.

XXXV. WAIVER
Neither the SANDAG review, approval, or acceptance of, nor payment for, any of the work required under this AGREEMENT shall be construed to operate as a waiver of any rights under this AGREEMENT by SANDAG.

XXXVI. NO THIRD PARTY RIGHTS
The federal government shall not be subject to any obligations or liabilities to any third-party contractor or any other person not a party to the agreement between SANDAG and the DOJ awarding agency.

Notwithstanding any concurrence provided by the federal government in or approval of any solicitation, subagreement, or third-party contract, the federal government continues to have no obligations or liabilities to any party, including SUBRECIPIENT or any other third-party contractor.

Packet Pg. 1119
FY 2021 PSN Page 24 of 46 SBPD
XXXVII.ATTACHMENTS
The following attachments are incorporated into and are made part of this AGREEMENT by this reference and attachment. In the event of conflicting provisions, the following order of precedence will apply:
(1) Part 200 Uniform Requirements; (2) DOJ Grants Financial Guide; (3) the body of this AGREEMENT excluding attachments; and (4) the attachments to this AGREEMENT. • Statement of Work
• Project Schedule
• Project Budget
• Indirect Cost Rate Certification Form
• Certificate of Nondiscrimination Assurances
• Equal Employment Opportunity Certificate of Compliance XXXVIII. SIGNATURES
The persons below assert that they are authorized to execute this AGREEMENT and have executed it as of the date of the last signature below. This AGREEMENT may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. The parties hereby agree to the use of electronic signatures to create mutually binding contractual agreements.

SAN DIEGO ASSOCIATION OF

GOVERNMENTS

SAN BERNARDINO POLICE DEPARTMENT
Cindy Burke
Senior Director, Data Science Francisco Hernandez
Assistant Chief of Police
APPROVED AS TO FORM:

Office of General Counsel
Packet Pg. 1120
FY 2021 PSN Page 25 of 46 SBPD
Statement of Work
Program Description
San Bernardino’s program is a multi-pronged approach that focuses on enforcement, prevention, intervention, and outreach. The Department will use FY2021 PSN grant funds to continue the successful PSN program efforts and capitalize on lessons learned and resources developed during the current project. The project is law enforcement focused and will continue to work with the City's Violence Intervention Program (VIP) to reduce violent crime through both enforcement and intervention outreach.

The Department's proposed program embodies the three PSN pillars community engagement, prevention and intervention, and focused and strategic enforcement. The Department will use grant funding to pay overtime to deploy Violent Crime Impact Teams (VCITs) towards focused and strategic enforcement.

Finally, VCITs will make referrals to the City’s VIP program for prevention and intervention outreach efforts.

Objectives
The goals and deliverables of the SBPD’s taskforce efforts are as follows:
• Goal 1: Coordinate with federal, state, and local law enforcement agencies to target violent gangs and remove guns from the street, which will consequently result in a reduction in violent crime o Activity/Deliverable 1: Identify and target the most violent offenders for enforcement action through data gathered from crime analysis, data analytics software, automatic license plate readers, and partnerships with government and community stakeholders

2.0 • Goal 2: Reduce violent crime by limiting access to illegal firearms and prevent illegal activity that often leads to violent crime by removing Net Cafés in the City that have been identified as storefronts for criminal gang activity including firearms trafficking o Activity/Deliverable 1: VCIT patrols will share Net Café data with SIB for long term investigation and search warrant preparation. VCITs will participate in the warrant service and work to close the City’s Net Cafés during the summer months Program Design and Implementation
The Department requires FY2021 PSN Grant funds to continue task force efforts consists of the Department’s Special Investigative Bureau (SIB) coordinating with Violent Crime Impact Teams to target violent criminals or hotspots within the City and increase referrals to the VIP program. the successful Gang and Gun Crime Reduction Program. The team will address problems currently affecting the Central District of California (CDCA), including ghost guns, Glock switches, and illegal trafficking of firearms from Nevada and Arizona.

Violent crime traditionally spikes during summer months and the Department intends to use future grant funding to support a Summer Violence Reduction Strategy that addresses the pre-cursor activities that are typically the drivers of violent crime. The team’s summer violence reduction efforts will support the USAO CDCA’s PSN Program by increased focus on Net Cafés during the summer months. The team identified Net Cafés as both a location ripe with criminal activity as well as a source where the sales of illegal firearm, including ghost guns is commonplace. Net Cafés can be difficult to locate and develop in storefronts throughout the City without notice. During a recent investigation that resulted in the seizure of 92 handguns from over 30 Net Cafés, 30% were identified as ghost guns, and many were believed to be trafficked from Arizona and Nevada. During summer months VCITs will focus grant funded patrol Packet Pg. 1121
FY 2021 PSN Page 26 of 46 SBPD
enforcement efforts around known Net Cafés and identify new Net Cafés not known to the Department.

VCIT patrols will share Net Café data with SIB for long term investigation and search warrant preparation.

VCITs will participate in the warrant service and work to close the City’s Net Cafés during the summer months. Eliminating the Net Cafés in the City during the summer months will reduce criminal access to illegal firearms, ghost guns, and firearms trafficked from Arizona and Nevada. Additionally, it will reduce the occurrence of many of the pre-cursor crimes that often lead to violence like narcotics sales, gambling, and prostitution. The Department has demonstrated a record of success using and managing FY2020 PSN grant funding with the reduction of violent crime within the City. The Department has also demonstrated the ability to successfully use PSN grant funding to recover ghost guns. Data driven VCIT patrols contributed to the recovery of more ghost guns in 2021 than any of the previous years. The Department will track all statistics generated from grant funded VCIT patrols, and VIP references. VCIT patrols will track statistics including but not limited to: firearms seized, ghost guns seized, Glock switches recovered, arrests, etc.

Packet Pg. 1122
FY 2021 PSN Page 27 of 46 SBPD
Project Budget
Budget Summary
Year 1 Year 2
(if needed)
Year 3
(if needed)
Budget Category
Federal Request
Non-Federal
Request
Federal Request
Non-Federal
Request
Federal Request
Non-Federal
Request
Total(s)
A. Personnel $191,751 $0 $0 $0 $0 $0 $191,751
B. Fringe Benefits $8,249 $0 $0 $0 $0 $0 $8,249
C. Travel $0 $0 $0 $0 $0 $0 $0
D. Equipment $0 $0 $0 $0 $0 $0 $0
E. Supplies $0 $0 $0 $0 $0 $0 $0
F. Construction $0 $0 $0 $0 $0 $0 $0
G. Subawards
(Subgrants) $0 $0 $0 $0 $0 $0 $0
H. Procurement
Contracts
$0 $0 $0 $0 $0 $0 $0
I. Other $0 $0 $0 $0 $0 $0 $0
Total Direct Costs $200,000 $0 $0 $0 $0 $0 $200,000
J. Indirect Costs $0 $0 $0 $0 $0 $0 $0
Total Project Costs $200,000 $0 $0 $0 $0 $0 $200,000
Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y/N No
Packet Pg. 1123
FY 2021 PSN Page 28 of 46 SBPD
Budget Detail - Year 1
Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y/N
A. Personnel
Name Position Computation
List each name, if
known.

List each position, if
known. Show annual salary rate & amount of time devoted to the project for each name/position.

Salary Rate
Time
Worked
(# of
hours,
days,
months,
years)
Percentage of Time Total Cost Non-Federal
Contribution
Federal
Request
Overtime Personnel Detective/Officer $99.00 hourly 1,501 100% $148,599 $148,599 Overtime Personnel Sergeant $116.00 hourly 372 100% $43,152 $0 $43,152 Total(s) $191,751 $0 $191,751
Narrative
Granf funding will be used to pay overtime salaries to staff Violent Crime Impact Teams for a one year term. The teams will be deployed weekly in coordination with the Department's Special Investigations Bureau (SIB) to target violent criminals and hotspots in the City that data determines to most productive to reduce violent crime. Impact patrols will be increase in summer months to support the Department's summer violence reduction strategy.

The Violent Crime Imact Teams (VCIT) will consist of one Sergeant and two or more officer or detectives working an overtime shift one or more times a week. The individual employees assigned to the VCITs will vary throughout the year. The VCITs will recieve direction from the SIB commander who is responsible for the overall implementation and tracking of the department proposed PSN program.

B. Fringe Benefits
Name
List each grant-supported position receiving
fringe benefits
Computation
Show the basis for computation
Base Rate Total Cost Federal
Request
Overtime Personnnel $8,249.00 100.00% $8,249 $8,249
Total(s) $8,249 $0 $8,249
Narrative
The cost for fringe benefits related to overtime employees is $8,249. The Department is seeking reimbursement for Medicare (1.45%) and Workers Comp (2.88%).

Packet Pg. 1124
FY 2021 PSN Page 29 of 46 SBPD
Indirect Cost Rate Certification Form
Packet Pg. 1125
FY 2021 PSN Page 30 of 46 SBPD
Packet Pg. 1126
FY 2021 PSN Page 31 of 46 SBPD
Certificate of Nondiscrimination Assurances
Packet Pg. 1127
FY 2021 PSN Page 32 of 46 SBPD
Packet Pg. 1128
FY 2021 PSN Page 33 of 46 SBPD
Packet Pg. 1129
FY 2021 PSN Page 34 of 46 SBPD
Packet Pg. 1130
FY 2021 PSN Page 35 of 46 SBPD
Packet Pg. 1131
FY 2021 PSN Page 36 of 46 SBPD
Packet Pg. 1132
FY 2021 PSN Page 37 of 46 SBPD
Packet Pg. 1133
FY 2021 PSN Page 38 of 46 SBPD
Equal Employment Opportunity Certificate of Compliance
Packet Pg. 1134
FY 2021 PSN Page 39 of 46 SBPD
Packet Pg. 1135
FY 2021 PSN Page 40 of 46 SBPD
Privacy Certification Form
Packet Pg. 1136
FY 2021 PSN Page 41 of 46 SBPD
Packet Pg. 1137
FY 2021 PSN Page 42 of 46 SBPD
Packet Pg. 1138
FY 2021 PSN Page 43 of 46 SBPD
Packet Pg. 1139
FY 2021 PSN Page 44 of 46 SBPD
2021 Project Safe Neighborhood (PSN) Violent Gang and Gun Crime Reduction Program High Risk Status Disclosure
The San Bernardino Police Department is not designated as a High-Risk agency by another federal grant making agency at this time. The 2021 Project Safe Neighborhood application requires notification to SANDAG via email should that current status change and the San Bernardino Police Department will act in accordance with the mandate.

Packet Pg. 1140
FY 2021 PSN Page 45 of 46 SBPD
Disclosure of Lobbying Activities Form
Packet Pg. 1141
FY 2021 PSN Page 46 of 46 SBPD
Applicant Disclosure of Pending Applications
Packet Pg. 1142
9/17/2022 3:28 AM
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 21, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance.

Subject: Professional Services Agreements - On-Call Geotechnical Services (All Wards)
Recommendation
Approve the award of a one-year Professional Services Agreements with the firms of Hilltop Geotechnical Inc., Koury Engineering & Testing, Inc. and RMA Group, to provide as-needed on-call Geotechnical Services and authorize the City Manager, or designee, to sign and execute the agreements
Background
The Engineering Division of the Public Works Department is responsible for planning and implementing the City’s Capital Improvement Program (CIP), which is adopted annually by the Mayor and City Council. This program, in general, consists of design and construction of roads, bridges, buildings, grading, drainage, landscaping, handicap ramps, and other public improvements. Occasionally for construction of a project, additional geotechnical expertise is needed to ensure contractor compliance with specifications and ensure techniques used by the contractor are achieving specified results. Most of the work will be confined to routine soil compaction and concrete/asphalt testing.

Discussion
On May 10, 2022, Public Works requested proposals to provide on-call Geotechnical Services for Capital Improvement Program projects. Three (3) responses to the RFP were received on June 2, 2022. A selection committee consisting of management level staff reviewed the three proposals and were deemed acceptable.

The proposals from the firms were evaluated by staff based on several criteria including:
• Understanding of the work to be performed
• Experience with similar kinds of work (including experience with the City) • Qualifications of key personnel
Packet Pg. 1143
9/17/2022 3:28 AM
• Rates
• Familiarity with state and federal procedures
• Financial responsibility
• Demonstrated technical ability
The three firms (Hilltop Geotechnical Inc., Koury Engineering & Testing, Inc. and RMA Group) have been providing Geotechnical Services to the City and have performed within expectations. Similarly, they have and are currently providing these services to other municipal agencies. All three firms received superior ratings in the areas of related experience, adequacy of staff, completion schedule.

To provide for the needed on-call Geotechnical Services, it is recommended that multiple agreements be awarded to maintain efficient service to the City so if the demand for Geotechnical Services increases and the availability of one firm is hindered, staff can defer to one of the approved firms without delays.

The agreements as proposed will expire on August 17, 2023, unless terminated beforehand. Subject to agreement of the parties in writing, the agreements may be administratively extended by the City Manager, or designee, for a maximum of four additional one-year terms.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Goal 4 “Ensure Development of a Well-Planned.

Balanced and Sustainable City” since it will contribute to well-maintained streets for sustained economic growth.

Fiscal Impact
There is no General Fund Impact. Hilltop Geotechnical Inc., Koury Engineering & Testing, Inc. and RMA Group will be paid through various CIP projects. Each firm shall receive compensation, including authorized reimbursements, for all services rendered under their respective agreement. Task Orders will be issued in compliance with the City’s procurement guidelines.

Conclusion
Approve the award of a one-year Professional Services Agreements with the firms of Hilltop Geotechnical Inc., Koury Engineering & Testing, Inc. and RMA Group, to provide as-needed on-call Geotechnical Services and authorize the City Manager, or designee, to sign and execute the agreements
Attachments
Attachment 1 - Agreement with Hilltop Geotechnical Inc.

Attachment 2 - Agreement with Koury Engineering & Testing, Inc.

Attachment 3 – Agreement with RMA Group
Ward: All
Packet Pg. 1144
9/17/2022 3:28 AM
Synopsis of Previous Council Actions:

None
Packet Pg. 1145
Packet Pg. 1146
Packet Pg. 1147
Packet Pg. 1148
Packet Pg. 1149
Packet Pg. 1150
Packet Pg. 1151
Packet Pg. 1152
Packet Pg. 1153
Packet Pg. 1154
Packet Pg. 1155
Packet Pg. 1156
Packet Pg. 1157
Packet Pg. 1158
Packet Pg. 1159
Packet Pg. 1160
Packet Pg. 1161
Packet Pg. 1162
Packet Pg. 1163
Packet Pg. 1164
Packet Pg. 1165
Packet Pg. 1166
Packet Pg. 1167
Packet Pg. 1168
Packet Pg. 1169
Packet Pg. 1170
Packet Pg. 1171
Packet Pg. 1172
Packet Pg. 1173
Packet Pg. 1174
Packet Pg. 1175
Packet Pg. 1176
Packet Pg. 1177
Packet Pg. 1178
Packet Pg. 1179
Packet Pg. 1180
Packet Pg. 1181
Packet Pg. 1182
Packet Pg. 1183
Packet Pg. 1184
Packet Pg. 1185
Packet Pg. 1186
Packet Pg. 1187
Packet Pg. 1188
Packet Pg. 1189
Packet Pg. 1190
Packet Pg. 1191
Packet Pg. 1192
Packet Pg. 1193
Packet Pg. 1194
Packet Pg. 1195
Packet Pg. 1196
Packet Pg. 1197
Packet Pg. 1198
Packet Pg. 1199
Packet Pg. 1200
Packet Pg. 1201
Packet Pg. 1202
Packet Pg. 1203
Packet Pg. 1204
Packet Pg. 1205
Packet Pg. 1206
Packet Pg. 1207
Packet Pg. 1208
Packet Pg. 1209
Packet Pg. 1210
Packet Pg. 1211
Packet Pg. 1212
Packet Pg. 1213
Packet Pg. 1214
Packet Pg. 1215
Packet Pg. 1216
Packet Pg. 1217
Packet Pg. 1218
Packet Pg. 1219
Packet Pg. 1220
Packet Pg. 1221
Packet Pg. 1222
Packet Pg. 1223
Packet Pg. 1224
Packet Pg. 1225
Packet Pg. 1226
Packet Pg. 1227
Packet Pg. 1228
Packet Pg. 1229
Packet Pg. 1230
Packet Pg. 1231
Packet Pg. 1232
Packet Pg. 1233
Packet Pg. 1234
Packet Pg. 1235
Packet Pg. 1236
Packet Pg. 1237
Packet Pg. 1238
Packet Pg. 1239
Packet Pg. 1240
Packet Pg. 1241
Packet Pg. 1242
Packet Pg. 1243
Packet Pg. 1244
Packet Pg. 1245
Packet Pg. 1246
Packet Pg. 1247
Packet Pg. 1248
Packet Pg. 1249
Packet Pg. 1250
Packet Pg. 1251
Packet Pg. 1252
Packet Pg. 1253
Packet Pg. 1254
Packet Pg. 1255
Packet Pg. 1256
Packet Pg. 1257
Packet Pg. 1258
Packet Pg. 1259
Packet Pg. 1260
Packet Pg. 1261
Packet Pg. 1262
Packet Pg. 1263
Packet Pg. 1264
Packet Pg. 1265
Packet Pg. 1266
Packet Pg. 1267
Packet Pg. 1268
Packet Pg. 1269
Packet Pg. 1270
Packet Pg. 1271
Packet Pg. 1272
Packet Pg. 1273
Packet Pg. 1274
Packet Pg. 1275
Packet Pg. 1276
Packet Pg. 1277
Packet Pg. 1278
Packet Pg. 1279
Packet Pg. 1280
Packet Pg. 1281
Packet Pg. 1282
Packet Pg. 1283
Packet Pg. 1284
Packet Pg. 1285
Packet Pg. 1286
Packet Pg. 1287
Packet Pg. 1288
Packet Pg. 1289
Packet Pg. 1290
Packet Pg. 1291
Packet Pg. 1292
Packet Pg. 1293
Packet Pg. 1294
Packet Pg. 1295
Packet Pg. 1296
Packet Pg. 1297
Packet Pg. 1298
Packet Pg. 1299
Packet Pg. 1300
Packet Pg. 1301
Packet Pg. 1302
Packet Pg. 1303
Packet Pg. 1304
Packet Pg. 1305
Packet Pg. 1306
Packet Pg. 1307
Packet Pg. 1308
Packet Pg. 1309
Packet Pg. 1310
Packet Pg. 1311
Packet Pg. 1312
Packet Pg. 1313
Packet Pg. 1314
Packet Pg. 1315
Packet Pg. 1316
Packet Pg. 1317
Packet Pg. 1318
Packet Pg. 1319
Packet Pg. 1320
Packet Pg. 1321
Packet Pg. 1322
Packet Pg. 1323
Packet Pg. 1324
Packet Pg. 1325
Packet Pg. 1326
Packet Pg. 1327
Packet Pg. 1328
Packet Pg. 1329
Packet Pg. 1330
Packet Pg. 1331
Packet Pg. 1332
Packet Pg. 1333
Packet Pg. 1334
Packet Pg. 1335
Packet Pg. 1336
Packet Pg. 1337
Packet Pg. 1338
Packet Pg. 1339
Packet Pg. 1340
Packet Pg. 1341
Packet Pg. 1342
Packet Pg. 1343
Packet Pg. 1344
Packet Pg. 1345
Packet Pg. 1346
Packet Pg. 1347
Packet Pg. 1348
Packet Pg. 1349
Packet Pg. 1350
Packet Pg. 1351
Packet Pg. 1352
Packet Pg. 1353
Packet Pg. 1354
Packet Pg. 1355
Packet Pg. 1356
Packet Pg. 1357

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 21, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Agreement with Econolite, Inc. for the Purchase of Traffic Intersection Signal Supplies and Materials (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 Goods and Services Agreement with Econolite, Inc., for the purchase of traffic intersection signal supplies and related materials; and authorize the Agency Director of Administrative Services to issue a purchase order in the amount not to exceed $250,000 to Econolite, Inc.

Background
The Operations and Maintenance Division (O&M) of the Public Works Department is responsible for the maintenance, repair, beautification, and clean-up of City-owned infrastructures and rights of way. In conjunction with the Public Works Engineering Division, O&M is also responsible for ensuring the City’s traffic intersections are properly maintained, inspected, upgraded, and repaired as needed. Routine inspections and maintenance of traffic intersections is largely performed by in-house staff that are part of the Traffic and Lighting work section of the O&M Division.

Discussion
The City of San Bernardino has approximately 275 traffic intersections comprised of various traffic signal components and hardware. Each traffic intersection requires routine inspection and maintenance, which includes replacement and repair of Packet Pg. 1358
components and related hardware. In many instances, vandalism or traffic collisions at intersections may necessitate the repair and replacement of damaged components.

Sun damage, wind, and end of component lifecycles are also contributing factors in the replacement of components and related hardware. Generally, staff requires that critical traffic intersection supplies are in stock and readily available. These items consist of signal heads, back plates, controller cabinets, red-yellow-green LED lights (in various sizes), conflict monitors, and ADA-compliant pedestrian buttons, to list a few. Some specialized items are also required on occasion.

To ensure our City properly maintains and repairs our traffic intersections efficiently with industry standard components and hardware, staff is requesting a not to exceed amount of $250,000 for traffic intersection signal supplies and related materials under the proposed goods and services agreement.

The Operations and Maintenance Division of Public Works collaborated with the Finance Department on this project, and in June of 2022 a formal bid process was initiated to solicit quotes for traffic signal supplies and related materials. Notices were posted on the City’s website.

The results of the bid process yielded two qualified vendors, as noted below. Both vendors have provided services to the City in the past. In reviewing the results of the bid solicitation, it was determined that both vendors were not able to fully provide a quote for every item listed in our unit cost sheet (see Attachment 2). Econolite, Inc. did not provide a quote for five items while JTB Supply Co., Inc. (though lower in overall cost) was unable to provide a quote for seven items—excluding two very critical items.

Staff determined the most-crucial items required were provided by Econolite, Inc. and therefore determined they were the most-responsive vendor. It is important to note that Econolite, Inc. provided a line-item quote for the 332 Controller Cabinet (Item 25 in Attachment 2) while JTB Supply Co., Inc. did not. This item alone was quoted at $50,717 for a quantity of eight by Econolite, Inc., while JTB Supply Co. Inc., listed it as “no bid” thus making JTB Supply’s quote technically lower, but not as responsive as Econolite’s. As a result, Econolite, Inc. was selected as the winning vendor.

BIDDER NAME CITY UNIT COSTS
Econolite, Inc. Anaheim, CA $172,995.17
JTB Supply Co., Inc. Orange, CA $149,595.00*
*Did not provide a price for controller cabinet (the most expensive item) and failed to list prices for 6 other items.

Staff is confident that Econolite, Inc. is qualified to provide the required traffic intersection signal supplies and related materials. As previously indicated, the City has worked with Econolite, Inc. in the recent past and they have continued to provide high quality products and timely services.
2021-2025 Key Strategic Targets and Goals
This project is consistent with several key strategic targets. It is aligned with Key Target No. 1e: Improved Operational and Financial Capacity - Minimize risk and litigation Packet Pg. 1359
exposure, and Key Target No. 3d: Improved Quality of Life - Improve the City’s appearance, cleanliness, and attractiveness.

The Goods and Services Agreement will ensure City traffic intersections are properly maintained and repaired to protect the safety of pedestrians, cyclists, and drivers in all economic corridors, neighborhoods, major thoroughfares, and secondary streets.

Fiscal Impact
There is no fiscal impact with this recommendation. Sufficient funding currently exists in the department with the adopted FY 2022/23 budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager to execute a Goods and Services Agreement with Econolite, Inc., for the purchase of traffic intersection signal supplies and related materials; and authorize the Agency Director of Administrative Services to issue a purchase order in the amount not to exceed $250,000 to Econolite, Inc.

Attachments
Attachment 1 Goods and Services Agreement
Attachment 2 Bid Response – Econolite
Attachment 3 Bid Response – JTB Supply
Attachment 4 Bid Documents - RFQ No. F-22-75
Ward
All Wards
Synopsis of Previous Council Actions
N/A
Packet Pg. 1360
1 CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 21ST day of September 2022, by and between The City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and Econolite, a CORPORATION, with its principal place of business at 1250 N. Tustin Ave., Anaheim, CA. 92807 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

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

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

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

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

Section 3. INSPECTIONS AND TESTS.

City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after Packet Pg. 1361
2 rejection or acceptance thereof.

Section 4. WARRANTY.

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

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

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

1. Repair the defective Goods;

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

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

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

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

E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights Packet Pg. 1362
3 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

Section 5. PRICES.

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

Section 6. CHANGES.

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

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

Section 7. PAYMENTS.

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

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

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

C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which Packet Pg. 1363
4 payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.

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

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

2. Written acceptance of the Goods by City;

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

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

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

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

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

Section 8. SCHEDULE FOR DELIVERY.

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

The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $10.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.”
Packet Pg. 1364
5 B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).

Section 9. TAXES.

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

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

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

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

Section 10. INDEPENDENT CONTRACTOR.

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

Section 11. SUBCONTRACTS.

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

Packet Pg. 1365
6 Section 12. TITLE AND RISK OF LOSS.

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

Section 13. INDEMNIFICATION.

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

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

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

Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

Packet Pg. 1366
7 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

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

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

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

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

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

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

Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

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

Packet Pg. 1367
8 D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

Section 15. LIENS.

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

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

Section 16. TERMINATION OF AGREEMENT BY CITY.

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

If City’s cost of obtaining the Goods, including compensation for additional managerial Packet Pg. 1368
9 and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

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

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

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

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

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

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

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

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects Packet Pg. 1369
10 thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

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

Section 18. MISCELLANEOUS PROVISIONS.

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Ernesto Salinas
With Copy To:

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

Econolite, Inc.
1250 N. Tustin Avenue
Anaheim, CA 92807
Attn: Corey Kelly
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

Packet Pg. 1370
11 C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

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

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

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

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

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

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

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

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

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

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

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

O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered Packet Pg. 1371
12 as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg. 1372
13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND ECONOLITE
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
ATTESTED BY:

Genoveva Rocha CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
ECONOLITE, INC.

Signature
Name
Title
Packet Pg. 1373
14 Exhibit A

GOODS SPECIFICATIONS/SCHEDULE OF CHARGES
The City of San Bernardino shall purchase Traffic Signal Supplies as specified in the Schedule of Charges. Other requirements include the following:
• It is highly desired that the vendor shall be able to provide ALL items in the listing in the Schedule of Charges below; however, some flexibility will be allowed due to current national supply chain issues.
• Warranty for all products and supplies (defects and/or shipping damages). Standard warranty for full replacement if damaged via shipping and/or minimum of one-year defect free.

Packet Pg. 1374
15 Exhibit B

DELIVERY SCHEDULE
Please see Section 8. Schedule For Delivery
Packet Pg. 1375
16 Exhibit C

SCHEDULE OF FEES
Item
Code Description Qty Unit Price Line Total
1 8” 3 Section Signal Head w/LED’s, Louvered Back and Tunnel Visors 10 $303.28 $3,032.80
2 12” 3 Section Signal Head w/LED’s, Louvered Back Plates and Tunnel Visors 40 $326.25 $13,050.00
3 8” Louver Back-Plates, 3 Section 10 $32.42 $324.20
4 12” Louver Back-Plates, 3 Section 30 $31.07 $932.10
5 12” 5 Section In-Line Signal Head w/LED’s, Louvered Back Plates and Tunnel Visors 10 $572.80 $5,728.00
6 12” 5 Section “Doghouse” Style w/LED’s, Louvered Back Plates and Tunnel Visors 5 $862.57 $4,312.85
7 8” Tunnel Visors 100 $5.02 $502.00
8 12” Tunnel Visors 200 $8.92 $1,784.00
9 Pedestrian Housing (Clam Shell) Hand/Man w/LED 30 $274.92 $8,247.60 10 10’ Type 1-D (Slotted base) Pole 50
11 7’ Type 1-D (Slotted base) pole 10
12 4 ‘ Ped-button Pole (Slotted base) 25
13 Load Switch 200 100 $25.25 $2,525.00
14 Flasher 204 100 $25.41 $2,541.00
15 Detector 222 50 $95.68 $4,784.00
16 Ped-button, ADA 150
17 Ped-button Assembly w/ADA Button and directional signs 50 18 Conflict Monitor 210 10 $511.52 $5,115.20
19 Framework, SV-1-T 15 $322.19 $4,832.85
20 Framework, SV-2-T 10 $396.50 $3,965.00
21 Framework, TV-1-T 15 $410.01 $6,150.15
22 Framework, TV-2-T 10 $480.25 $4,802.50
23 Framework, SP-1-T 10 $306.66 $3,066.60
24 Framework, SP-2-T 10 $403.26 $4,032.60
25 332 Controller Cabinet (complete w/ no controller, anodized aluminum) 6 $8,452.85 $50,717.10
26 332 Controller Cabinet Output File 4 $764.13 $3,056.52 27 332 Controller Cabinet Surge Suppressor (MOV) 10 $115.84 $1,158.40 28 332 Controller Cabinet Exhaust Fan 25 $11.04 $276.00 29 8” Red LED 50 $39.15 $1,957.50
30 8” Yellow LED 20 $39.68 $793.60
31 8” Green LED 50 $40.92 $2,046.00
32 12” Red LED 150 $46.07 $6,910.50
Packet Pg. 1376
17 33 12” Yellow LED 50 $42.88 $2,144.00
34 12” Green LED 150 $41.47 $6,220.50
35 12” Red Arrows 50 $40.09 $2,004.50
36 12” Yellow Arrows 25 $41.77 $1,044.25
37 12” Green Arrows 50 $43.09 $2,154.50
38 Pedestrian Module Hand/Man (Count Down) 40 $172.76 $6,910.40 39 24VDC Power Supply 206 10 $193.87 $1,938.70
40 PDA II 5 $786.85 $3,934.25
41 Additional Fees 1
$172,995.17
Packet Pg. 1377
Packet Pg. 1378
Packet Pg. 1379
Packet Pg. 1380
Packet Pg. 1381
Packet Pg. 1382
Packet Pg. 1383
Packet Pg. 1384
Packet Pg. 1385
Packet Pg. 1386
Packet Pg. 1387
Packet Pg. 1388
Packet Pg. 1389
Packet Pg. 1390
Packet Pg. 1391
Packet Pg. 1392
Packet Pg. 1393
Packet Pg. 1394
Packet Pg. 1395
 
  
 Packet Pg. 1396
 
  
 Packet Pg. 1397
 
  
 Packet Pg. 1398
 
  
 Packet Pg. 1399
 
  
 Packet Pg. 1400
 
  
 Packet Pg. 1401
 
  
 Packet Pg. 1402
 
  
 Packet Pg. 1403
 
  
 Packet Pg. 1404
 
  
 Packet Pg. 1405
 
  
 Packet Pg. 1406
 
  
 Packet Pg. 1407
 
  
 Packet Pg. 1408
 
  
 Packet Pg. 1409
 
  
 Packet Pg. 1410
 
  
 Packet Pg. 1411
 
  
 Packet Pg. 1412
 
  
 Packet Pg. 1413

REQUEST FOR VENDOR QUOTES
FOR

CITY OF SAN BERNARDINO
FOR
RFQ F-22-75

TRAFFIC SIGNAL SUPPLIES

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
https://www.ci.san-bernardino.ca.us/
Packet Pg. 1414

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
2 OF 18

REQUEST FOR VENDOR PRICE QUOTES
RFQ F-22-75

TRAFFIC SIGNAL SUPPLIES
PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), until 3:00pm, Monday, June 27, 2022. Quotes may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Quotes received through any means other than PlanetBids will be returned to the Vendor unopened.

The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all Quotes.

The City is committed to inclusion and diversity and welcomes proposals and bids from contractors, consultants, and vendors of all faiths, creeds, ancestries, and ethnicities without regard to disability, gender identity, sexual orientation, or immigration status. The City condemns and will not tolerate prejudice, racism, bigotry, hatred, bullying, or violence towards any group within or outside of our community.

For more information regarding the RFQ, please contact:

City of San Bernardino
Vanessa Slouka
Finance Department
Buyer
[email protected]
(909)384-5346
Packet Pg. 1415

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
3 OF 18
I. REQUEST FOR QUOTES
The City is requesting Quotes from qualified vendors1 (“Vendors”) for Traffic Signal Supplies (“Project/Equipment”). To serve and promote the welfare of its residents, the City intends to procure the Project/Equipment, as described below.

A. Scope of Work/Services
The Project/Equipment sought under this request are set forth in more detail in Attachment “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Project/Equipment in Attachment “A”, the final scope of Project/Equipment negotiated between City and the successful Vendor shall be set forth in the Vendor Service Agreement (“Agreement”) executed by and between City and the successful Vendor. A copy of the Agreement is attached hereto as Attachment “B” and incorporated herein by this reference.

B. Project Manager
The Project Manager for the City regarding this request will be Vanessa Slouka, Buyer, for Purchasing Department (909)384-5346 [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Vendor.

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and will be answered in writing through PlanetBids. To ensure a response, questions must be received in writing no later than June 13, 2022 by 3:00 pm local time.

D. Meeting
For this request, there is no meeting.

E. Site Examination
Vendors may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; shall familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the Project/Equipment; make such investigations, as it may deem necessary for performance of the Project/Equipment at its Quote within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement
F. Submittal Requirements of Vendor Price Quote
The Quote must be received no later than 3:00 pm local time, on or before June 27, 2022 through PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. The City will only consider Quotes that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Quote was submitted successfully.

Vendors experiencing any technical difficulties with the Quote submission process may contact PlanetBids Customer Service Support. If you continue to have difficulty, please contact Vanessa Slouka at (909)384-5346. Neither the City nor PlanetBids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the Quote submission date and/or time.

Vendors to provide a Quote for the scope of Project/Equipment as set forth in in the Vendor Quote Form attached hereto as Attachment “A” and incorporated herein by this reference. Vendors submitting a 1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

Packet Pg. 1416

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
4 OF 18
Quote agree to furnish services to the City in accordance with the Quote submitted, and to be bound by the terms and conditions of this Request for Vendor Price Quote. Vendor is certifying that it takes no exceptions to the request, including but not limited to, the Agreement.

G. Selection Process
The City will evaluate and award to the responsible Vendor offering the needed quality of supply or work or service at the lowest quotation or determined to be in the best interest of the City. During the evaluation process, the City reserves the right, to request additional information or clarifications from Vendors, or to allow corrections of errors or omissions.

H. General Conditions

1. General: It is solely the responsibility of the Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes.

2. Amendments to Request: The City reserves the right to amend the request or issue to all Vendors addenda to answer questions for clarification.

3. Non-Responsive Quotes: A Quote may be considered non-responsive if conditional or incomplete.

4. Costs for Preparing: The City will not compensate any Vendor for the cost of preparing any Quote, and all materials submitted with a Quote shall become the property of the City. The City will retain all Quotes submitted and may use any idea in a Quote regardless of whether that Quote is selected.

5. Price Validity: Quotes provided by Proposers in response to this request are valid for 120 days from the due date. The City intends to award the Agreement within this time but may request an extension from the Vendors to hold pricing, until negotiations are complete and the Agreement is awarded.

6. Availability to Perform Work: Vendor must be available to begin Project/Equipment within 10 working days of the contract being awarded and must complete all Project/Equipment within 30 working days.

7. Additional Costs to Perform Work/Services: The Vendor’s Quote is inclusive of all cost and applicable taxes. Vendor is responsible for all building permit fees, applicable renderings, plans, documentation and fees required by the Agreement. Vendor will be required to maintain at its own cost the necessary insurance as required by the Agreement and a City business license.

8. Vendor License: Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all Vendors must possess proper licenses for performance of this Agreement.
[END OF SECTION]
Packet Pg. 1417

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
5 OF 18
ATTACHMENT “A”

VENDOR QUOTE FORM
VENDOR NAME:

ADDRESS:

PHONE:

The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided.

Traffic Signal Supplies
The City of San Bernardino is soliciting bids for the purchase of Traffic Signal Supplies as specified in our price form. Other requirements include the following:
• It is highly-desired that the selected vendor must be able to provide ALL items in the listing below; however, some flexibility will be allowed due to current national supply chain issues. • Warranty for all products and supplies (defects and/or shipping damages). Standard warranty for full replacement if damaged via shipping and/or minimum of one-year defect free.

Item No. Description Quantity
(annual)
Cost Per
Unit Total Cost
1 8” 3 Section Signal Head w/LED’s,
Louvered Back and Tunnel Visors 10
2 12” 3 Section Signal Head w/LED’s,
Louvered Back Plates and Tunnel
Visors
40 3 8” Louver Back-Plates, 3 Section 10
4 12” Louver Back-Plates, 3 Section 30
5 12” 5 Section In-Line Signal Head
w/LED’s, Louvered Back Plates and
Tunnel Visors
10 6
12” 5 Section “Doghouse” Style
w/LED’s, Louvered Back Plates and
Tunnel Visors
5 7 8” Tunnel Visors 100
8 12” Tunnel Visors 200
Packet Pg. 1418

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
6 OF 18
Item No. Description Quantity
(annual)
Cost Per
Unit Total Cost
9 Pedestrian Housing (Clam Shell)
Hand/Man w/LED 30
10 10’ Type 1-D (Slotted base) Pole 50
11 7’ Type 1-D (Slotted base) pole 10
12 4 ‘ Ped-button Pole (Slotted base) 25
13 Load Switch 200 100
14 Flasher 204 100
15 Detector 222 50
16 Ped-button, ADA 150
17 Ped-button Assembly w/ADA Button
and directional signs 50
18 Conflict Monitor 210 10
19 Framework, SV-1-T 15
20 Framework, SV-2-T 10
21 Framework, TV-1-T 15
22 Framework, TV-2-T 10
23 Framework, SP-1-T 10
24 Framework, SP-2-T 10
25 332 Controller Cabinet (complete w/
no controller, anodized aluminum) 6
26 332 Controller Cabinet Output File 4
27 332 Controller Cabinet Surge
Suppressor (MOV) 10
28 332 Controller Cabinet Exhaust Fan 25
29 8” Red LED 50
30 8” Yellow LED 20
31 8” Green LED 50
32 12” Red LED 150
33 12” Yellow LED 50
34 12” Green LED 150
Packet Pg. 1419

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
7 OF 18
Item No. Description Quantity
(annual)
Cost Per
Unit Total Cost
35 12” Red Arrows 50
36 12” Yellow Arrows 25
37 12” Green Arrows 50
38 Pedestrian Module Hand/Man (Count
Down) 40
39 24VDC Power Supply 206 10
40 PDA II 5
41 Additional Fees

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

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

Submitted By: Title:
(Authorized Representative Signature)
Print Name:

Contractor’s License Number and Classification:

DIR Registration Number (if applicable): ____________________________ Packet Pg. 1420

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
8 OF 18
ATTACHMENT “B”

CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 2022, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request.

Section 3. INSPECTIONS AND TESTS.

Packet Pg. 1421

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
9 OF 18
Section 4. WARRANTY.

1. Repair the defective Goods;

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

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

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

E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

Section 5. PRICES.

Packet Pg. 1422

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
10 OF 18
Section 6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.

Section 7. PAYMENTS.

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

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

If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.

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

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

2. Written acceptance of the Goods by City;

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

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and
Packet Pg. 1423

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
11 OF 18

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

Section 8. SCHEDULE FOR DELIVERY.

A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $[***INSERT AMOUNT***] per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).

Section 9. TAXES.

Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

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

Packet Pg. 1424

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
12 OF 18
Section 10. INDEPENDENT CONTRACTOR.

Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect.

Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 11. SUBCONTRACTS.

Section 12. TITLE AND RISK OF LOSS.

Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.

Section 13. INDEMNIFICATION.

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
13 OF 18
pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding.

Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

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

Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

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

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

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

Packet Pg. 1426

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
14 OF 18
C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

Section 15. LIENS.

Section 16. TERMINATION OF AGREEMENT BY CITY.

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
15 OF 18
against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

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

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

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

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

Section 18. MISCELLANEOUS PROVISIONS.

Packet Pg. 1428

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
16 OF 18
CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT NAME AND TITLE***]
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:
[***INSERT NAME, ADDRESS &
CONTACT PERSON***]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

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

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

Packet Pg. 1429

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
17 OF 18
I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

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

O. 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. [SIGNATURES ON FOLLOWING PAGE]
Packet Pg. 1430

REQUEST FOR VENDOR QUOTES
RFQ F-22-75 Traffic Signal Supplies
18 OF 18

SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***]
City Manager
ATTESTED BY:
[***INSERT NAME***]
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
[***INSERT SUPPLIER NAME***]
Signature
Name
Title
Packet Pg. 1431

1. Approve the award of a construction contract with Quality Light & Electrical in the amount of $303,565.26 for the automatic entry doors project at Community Centers / Libraries;

2. Authorize construction, construction contingencies, and inspection costs in the total amount of $366,000.00 for the automatic entry doors project at Community Centers / Libraries and doors;

3. Authorize the City Manager or designee to execute all documents for the construction of the automatic entry project at Community Centers / Libraries with Quality Light & Electrical;

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project; and
Packet Pg. 1432

5. Authorize the Agency Director of Administrative Services to issue a purchase order to Quality Light & Electric in the amount not to exceed $303,565.26.

Background
The Coronavirus Aid Relief and Economic Security Act (CARES Act) established the Coronavirus Relief Fund (CDBG-CV3). The City of San Bernardino allocated the CDBG-CV3 funding for the construction of the automatic entry doors project at the following Community Centers and Libraries:
➢ 5th Street Senior Center located at 600 W 5th Street, San Bernardino, CA 92410 (Ward 1).
➢ Perris Hill Senior Center located at 1135 E. Highland Avenue, San Bernardino, CA 92408 (Ward 2).
➢ Feldheym Central Library (F Street Door) located at 555 W 6th Street, San Bernardino, CA 92410 (Ward 1).
➢ Howard M. Rowe Branch Library located at 108 E Marshall Blvd, San Bernardino, CA 92404 (Ward 7).
➢ Lytle Creek Community Center located at 380 S K Street, San Bernardino, CA 92410 (Ward 3).
➢ Villasenor Branch Library located at 525 N Mt. Vernon Avenue, San Bernardino, CA 92411(Ward 1).

The work is to install the automatic entry doors, including frames and hardware; modify, furnish, and install electrical fixtures, outlets, conduits, and wirings; and make repairs to existing gypsum board walls and ceiling system, including insulation and ceiling panels, per project plans, specifications, and special provisions.

Discussion
Project No. 13526 to provide installation of the automatic entry doors was advertised for public bidding on July 13 and July 15, 2022, in the San Bernardino County Sun Newspaper, Construction Bid Board, Bid America Online, and on the City’s website.

Sealed bids were received and opened on August 4, 2022. The City received one (1) bid as follows:

Bidder City Base Bid
Quality Light & Electrical Bloomington, Ca $303,565.26
The City has reviewed the bid package and confirmed that Quality Light & Electrical, Packet Pg. 1433
of Bloomington, is the lowest responsible and responsive bidder, with a total bid amount of $303,565.26. If awarded by the Mayor and City Council, construction work is anticipated to begin in the fall of 2022. The project shall be completed within 60 working days.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this project will result in public improvements being constructed that minimize risk and litigation exposure through upgrading the existing entry doors at the Community Centers and Libraries.

Fiscal Impact
There is no General Fund Impact. Funding in the amount of $813,940.86 to carryover from previous year from CDBG-CV3 has been approved to provide automatic entry doors and is available for this project.

The overall construction costs of the project are as follows:

Construction Bid Amount $303,565.26
Construction Contingency $32,434.74
Engineering and Inspections $30,000.00
Total Construction Project Cost $366,000.00
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of a construction contract with Quality Light & Electrical in the amount of $303,565.26 for the automatic entry doors project at Community Centers / Libraries;

2. Authorize construction, construction contingencies, and inspection costs in the total amount of $366,000.00 for the automatic entry doors project at Community Centers / Libraries and doors;

3. Authorize the City Manager or designee to execute all documents for the construction of the automatic entry project at Community Centers / Libraries with Quality Light & Electrical;

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project; and

5. Authorize the Agency Director of Administrative Services to issue a purchase order to Quality Light & Electric in the amount not to exceed $303,565.26.

Packet Pg. 1434
Attachments
Attachment 1 Contract Agreement
Attachment 2 Bid Tabulation
Attachment 3 Bid Proposal
Attachment 4 Location Map
Wards: 1, 2, 3, 7
Synopsis of Previous Council Actions:

June 16, 2021 Adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2020/21.

Packet Pg. 1435
Packet Pg. 1436
Packet Pg. 1437

BID TABULATION
FOR

INSTALLATION OF AUTOMATIC ENTRY DOORS AT VARIOUS FACILITIES SPECIAL PROVISIONS NO. 13526

BID SCHEDULE

INSTALLATION OF AUTOMATIC ENTRY DOORS AT VARIOUS

FACILITIES
Special Provisions NO. 13526
ITEM
NO. BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL 1 TOTAL BID SCHEDULE No. 1: 1 LS 63,699.60 $63,699.602 TOTAL BID SCHEDULE No. 2: 1 LS $53,304.95 53,304.953 TOTAL BID SCHEDULE No. 3: 1 LS $46,144.25 46,144.254 TOTAL BID SCHEDULE No. 4: 1 LS $56,999.09 56,999.095 TOTAL BID SCHEDULE No. 5: 1 LS $45,933.46 45,933.466 TOTAL BID SCHEDULE No. 6: 1 LS $37,483.91 37,483.91 TOTAL BID SCHEDULE Totals $303,565.26
BID OPENING: 2:00 P.M., AUGUST 4, 2022

QUALITY LIGHT AND

ELECTRICAL
   
 Packet Pg. 1438

BID TABULATION
FOR

INSTALLATION OF AUTOMATIC ENTRY DOORS AT VARIOUS FACILITIES SPECIAL PROVISIONS NO. 13526
BID SCHEDULE No.1

INSTALLATION OF AUTOMATIC ENTRY DOORS AT VARIOUS FACILITIES Special Provisions NO. 13526
ITEM
NO. BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL 1 Mobilization 1 LS $ 3,033.31 $ 3,033.312 Demolition: Storefront Doors, Frames, Hardware, Unclassified and Dump Fees 1 LS $ 1,755.00 1,755.00 $ 3 Install New Automatic Storefront Door (Single) Including Frame, Hardware, and Signage per Project Plans, Specifications, and Special Provisions 2 EA $ 42,638.18 21,319.09 $
4 Install New Automatic Storefront Door (Double) Including Frame, Hardware, and Signage per Project Plans, Specifications, and Special Provisions 0 EA $ - - $
5 Modify, Furnish and Install Electrical Fixtures, Outlet’s, Conduit and Wiring per Project Plans, Specifications and Special Provisions. 1 LS $ 11,273.11 11,273.11 $
6 New installation of wall framing with gypsum board with insulation, paint and stucco per project Plans, Specifications and Special Provisions 1 LS $ 2,500.00 2,500.00 $
7 Misc. Architectural repairs to existing gypsum board walls & ceiling system including insulation and ceiling panels per project Plans, Specifications and Special Provisions 1 LS $ 2,500.00 2,500.00 $
SUBTOTAL BID SCHEDULE Totals $ 63,699.60

QUALITY LIGHT AND

ELECTRICAL
BID SCHEDULE NO. 1 5TH STREET SENIOR CENTER AUTOMATIC DOORS BID OPENING: 2:00 P.M., August 4, 2022
   
 Packet Pg. 1439

BID TABULATION
FOR

INSTALLATION OF AUTOMATIC ENTRY DOORS AT VARIOUS FACILITIES SPECIAL PROVISIONS NO. 13526
BID SCHEDULE No.2

INSTALLATION OF AUTOMATIC ENTRY DOORS AT VARIOUS FACILITIES Special Provisions NO. 13526
ITEM
NO. BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL 1 Mobilization 1 LS $ 2,538.33 $ 2,538.332 Demolition: Storefront Doors, Frames, Hardware, Unclassified and Dump Fees 1 LS $ 1,080.00 1,080.00 $ 3 Install New Automatic Storefront Door (Single) Including Frame, Hardware, and Signage per Project Plans, Specifications, and Special Provisions 0 EA $ - - $
4 Install New Automatic Storefront Door (Double) Including Frame, Hardware, and Signage per Project Plans, Specifications, and Special Provisions 1 EA $ 37,714.44 37,714.44 $
5 Modify, Furnish and Install Electrical Fixtures, Outlet’s, Conduit and Wiring per Project Plans, Specifications and Special Provisions. 1 LS $ 6,972.18 6,972.18 $
6 New installation of wall framing with gypsum board with insulation, paint and stucco per project Plans, Specifications and Special Provisions 1 LS $ 2,500.00 2,500.00 $
7 Misc. Architectural repairs to existing gypsum board walls & ceiling system including insulation and ceiling panels per project Plans, Specifications and Special Provisions 1 LS $ 2,500.00 2,500.00 $
SUBTOTAL BID SCHEDULE Totals $ 53,304.95
BID OPENING: 2:00 P.M., August 4, 2022

QUALITY LIGHT AND

ELECTRICAL
BID SCHEDULE NO. 2 NORMAN F. FELDHEYM AUTOMATIC DOORS
   
 Packet Pg. 1440

BID TABULATION
FOR

INSTALLATION OF AUTOMATIC ENTRY DOORS AT VARIOUS FACILITIES SPECIAL PROVISIONS NO. 13526
BID SCHEDULE No. 3

INSTALLATION OF AUTOMATIC ENTRY DOORS AT VARIOUS FACILITIES Special Provisions NO. 13526
ITEM
NO. BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL 1 Mobilization 1 LS $ 2,197.35 $ 2,197.352 Demolition: Storefront Doors, Frames, Hardware, Unclassified and Dump Fees 1 LS $ 1,080.00 1,080.00 $ 3 Install New Automatic Storefront Door (Single) Including Frame, Hardware, and Signage per Project Plans, Specifications, and Special Provisions 0 EA $ - - $
4 Install New Automatic Storefront Door (Double) Including Frame, Hardware, and Signage per Project Plans, Specifications, and Special Provisions 1 EA $ 32,334.24 32,334.24 $
5 Modify, Furnish and Install Electrical Fixtures, Outlet’s, Conduit and Wiring per Project Plans, Specifications and Special Provisions. 1 LS $ 5,532.66 5,532.66 $
6 New installation of wall framing with gypsum board with insulation, paint and stucco per project Plans, Specifications and Special Provisions 1 LS $ 2,500.00 2,500.00 $
7 Misc. Architectural repairs to existing gypsum board walls & ceiling system including insulation and ceiling panels per project Plans, Specifications and Special Provisions 1 LS $ 2,500.00 2,500.00 $
SUBTOTAL BID SCHEDULE Totals $ 46,144.25
BID OPENING: 2:00 P.M., August 4, 2022

QUALITY LIGHT AND

ELECTRICAL
BID SCHEDULE NO. 3 LYTLE CREEK COMMUNITY CENTER AUTOMATIC DOORS    
 Packet Pg. 1441

BID TABULATION
FOR

INSTALLATION OF AUTOMATIC ENTRY DOORS AT VARIOUS FACILITIES SPECIAL PROVISIONS NO. 13526
BID SCHEDULE No. 4

INSTALLATION OF AUTOMATIC ENTRY DOORS AT VARIOUS FACILITIES Special Provisions NO. 13526
ITEM
NO. BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL 1 Mobilization 1 LS $ - $ - 2 Demolition: Storefront Doors, Frames, Hardware, Unclassified and Dump Fees 1 LS $ 1,755.00 1,755.00 $ 3 Install New Automatic Storefront Door (Single) Including Frame, Hardware, and Signage per Project Plans, Specifications, and Special Provisions 2 EA $ 45,310.54 22,655.27 $
4 Install New Automatic Storefront Door (Double) Including Frame, Hardware, and Signage per Project Plans, Specifications, and Special Provisions 0 EA $ - - $
5 Modify, Furnish and Install Electrical Fixtures, Outlet’s, Conduit and Wiring per Project Plans, Specifications and Special Provisions. 1 LS $ 4,933.55 4,933.55 $
6 New installation of wall framing with gypsum board with insulation, paint and stucco per project Plans, Specifications and Special Provisions 1 LS $ 2,500.00 2,500.00 $
7 Misc. Architectural repairs to existing gypsum board walls & ceiling system including insulation and ceiling panels per project Plans, Specifications and Special Provisions 1 LS $ 2,500.00 2,500.00 $
SUBTOTAL BID SCHEDULE Totals $ 56,999.09

QUALITY LIGHT AND

ELECTRICAL
BID SCHEDULE NO. 4 PERRIS HILL SENIOR CENTER AUTOMATIC DOORS BID OPENING: 2:00 P.M., August 4, 2022
   
 Packet Pg. 1442

BID TABULATION
FOR

INSTALLATION OF AUTOMATIC ENTRY DOORS AT VARIOUS FACILITIES SPECIAL PROVISIONS NO. 13526
BID SCHEDULE No. 5

INSTALLATION OF AUTOMATIC ENTRY DOORS AT VARIOUS FACILITIES Special Provisions NO. 13526
ITEM
NO. BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL 1 Mobilization 1 LS $ 2,187.31 $ 2,187.312 Demolition: Storefront Doors, Frames, Hardware, Unclassified and Dump Fees 1 LS $ 1,620.00 1,620.00 $ 3 Install New Automatic Storefront Door (Single) Including Frame, Hardware, and Signage per Project Plans, Specifications, and Special Provisions 0 EA $ - - $
4 Install New Automatic Storefront Door (Double) Including Frame, Hardware, and Signage per Project Plans, Specifications, and Special Provisions 1 EA $ 31,545.07 31,545.07 $
5 Modify, Furnish and Install Electrical Fixtures, Outlet’s, Conduit and Wiring per Project Plans, Specifications and Special Provisions. 1 LS $ 5,581.08 5,581.08 $
6 New installation of wall framing with gypsum board with insulation, paint and stucco per project Plans, Specifications and Special Provisions 1 LS $ 2,500.00 2,500.00 $
7 Misc. Architectural repairs to existing gypsum board walls & ceiling system including insulation and ceiling panels per project Plans, Specifications and Special Provisions 1 LS $ 2,500.00 2,500.00 $
SUBTOTAL BID SCHEDULE Totals $ 45,933.46

QUALITY LIGHT AND

ELECTRICAL
BID OPENING: 2:00 P.M., August 4, 2022
BID SCHEDULE NO. 5 HOWARD M. ROWE BRANCH AUTOMATIC DOORS    
 Packet Pg. 1443

BID TABULATION
FOR

INSTALLATION OF AUTOMATIC ENTRY DOORS AT VARIOUS FACILITIES SPECIAL PROVISIONS NO. 13526
BID SCHEDULE No. 6

INSTALLATION OF AUTOMATIC ENTRY DOORS AT VARIOUS FACILITIES Special Provisions NO. 13526
ITEM
NO. BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL 1 Mobilization 1 LS $ 1,784.95 $ 1,784.952 Demolition: Storefront Doors, Frames, Hardware, Unclassified and Dump Fees 1 LS $ 1,080.00 1,080.00 $ 3 Install New Automatic Storefront Door (Single) Including Frame, Hardware, and Signage per Project Plans, Specifications, and Special Provisions 1 EA $ 24,066.91 24,066.91 $
4 Install New Automatic Storefront Door (Double) Including Frame, Hardware, and Signage per Project Plans, Specifications, and Special Provisions 0 EA $ - - $
5 Modify, Furnish and Install Electrical Fixtures, Outlet’s, Conduit and Wiring per Project Plans, Specifications and Special Provisions. 1 LS $ 5,552.05 5,552.05 $
6 New installation of wall framing with gypsum board with insulation, paint and stucco per project Plans, Specifications and Special Provisions 1 LS $ 2,500.00 2,500.00 $
7 Misc. Architectural repairs to existing gypsum board walls & ceiling system including insulation and ceiling panels per project Plans, Specifications and Special Provisions 1 LS $ 2,500.00 2,500.00 $
SUBTOTAL BID SCHEDULE Totals $ 37,483.91
BID OPENING: 2:00 P.M., August 4, 2022

QUALITY LIGHT AND

ELECTRICAL
BID SCHEDULE NO. 6 PAUL VILLASENOR BRANCH AUTOMATIC DOORS    
 Packet Pg. 1444
Packet Pg. 1445
Packet Pg. 1446
Packet Pg. 1447
Packet Pg. 1448
Packet Pg. 1449
Packet Pg. 1450
Packet Pg. 1451
Packet Pg. 1452
Packet Pg. 1453
Packet Pg. 1454
Packet Pg. 1455
Packet Pg. 1456
Packet Pg. 1457
Packet Pg. 1458
Packet Pg. 1459
Packet Pg. 1460
Packet Pg. 1461
Packet Pg. 1462
Packet Pg. 1463
Packet Pg. 1464
Packet Pg. 1465
Packet Pg. 1466
Packet Pg. 1467
Packet Pg. 1468
Packet Pg. 1469
Packet Pg. 1470
Packet Pg. 1471

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 21, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
By: Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Award Construction Contract for Citywide Pavement Rehabilitation-Slurry/Crack Seal (Wards 2, 4, 5, 7)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of a construction contract with COPP Contracting, Inc. in the amount of $1,503,080 to construct Citywide Pavement RehabilitationSlurry/Crack Project; and

2. Authorize construction, construction contingencies, and inspection costs in the total amount of $1,755,000 for Citywide Pavement Rehabilitation- Slurry/Crack project;

3. Authorize the City Manager or designee to execute all documents for the construction of Citywide Pavement Rehabilitation- Slurry/Crack project with COOP Contracting, Inc.;

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

5. Authorize the Agency Director of Administrative Services to issue a Purchase Order in the amount not to exceed $1,503,080 to COPP Contracting, Inc to complete the Project.

Packet Pg. 1472
Background
The Public Works Department is responsible for maintaining streets citywide. In March 2020, a Pavement Management Analysis (PMA) was completed which used scientific methods to rate the condition of all public streets in the City. Street segments (intersection to intersection) were rated based on Remaining Service Life (RSL) in years, where a rating of 20 represents the condition of a recently completed street.

Segments with RSL between 20 and 10 are usually maintained using crack sealing and slurry sealing. Segments with an RSL of 10 or less are generally in need of major maintenance, usually consisting of mill and overlay. Segments with RSL less than 5 require complete removal and replacement.

Based on the City’s Pavement Maintenance Program, it was determined that crack filling and slurry sealing is the most cost-effective maintenance strategy for residential streets. This is an annual slurry sealing project and residential streets will be selected for new slurry sealing projects each year to the extent that funding permits. The purpose of this project is to rehabilitate the streets most economically.

On June 19, 2019, the Mayor and City Council approved Resolution No. 2019-168 adopting the City’s Annual Operating Budget for Fiscal Year 2019/20. The budget included CIP Project SS-D for Citywide Pavement Rehabilitation Slurry/Crack Seal to rehabilitate the streets.

The following segment or roads will be rehabilitated:

STREET SEGMENT WARD
Piedmont Drive – between Palm and Piedmont Avenue 4
Electric Avenue - between 40th and Edgerton 4
36th Street - between E Street and end of street 5
Acacia Avenue - between 36th and 34th streets 5
Lugo Avenue between Baseline Street and 13th Street 2
Sepulveda Street – between Baseline Street and 13th Street 2 Wall Avenue – between Baseline Street and 13th Street 2 Bell Street – between Baseline Street and 13th Street 2 Genevieve Street – between Baseline Street and 13th Street 2 27th Street – between Golden Avenue and Cedar Street 7
Alexander Street – Golden Avenue and Harrison Street 7
Harrison Street – between 27th Street and 29th Street 7 Lawrence Avenue – between Miranda and end of street 7
Mirada Street – between Lawrence Street and Alameda Avenue 7 Discussion
The project plans and specifications were prepared, and the project was advertised for public bidding on July 29, 2022, and August 3, 2022, in the San Bernardino County Sun Newspaper. In addition, the project was advertised in F. W. Dodge, Construction Bid Board, High Desert Plan Room, Bid America Online, and the City’s websites.

Packet Pg. 1473
Sealed bids were received and opened on August 18, 2022. The City received three (3) bids as follows:

Bidder City Base Bid
COOP Contracting, Inc. Buena Park $1,503,080
Onyx Paving Company Anaheim $1,977,000
All American Asphalt Corona $2,175,855
The City has reviewed the bid package and confirmed that COPP Contracting, Inc. of Buena Park, California, is the lowest responsible and responsive bidder, with a total bid amount of $1,503,080. If awarded by the Mayor and City Council, construction work is anticipated to begin in November 2022 and be completed by June 2023. 2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this will result in public improvements being constructed that minimize risk and litigation exposure through extending the existing roadway within the City.

Fiscal Impact
There is no General Fund impact associated with this action. The budget for the proposed work was previously established in the adopted FY 2021/22 and FY 2022/23 Capital Improvement Plan. The funding source is Measure I Funds in the amount of $1,000,000 per fiscal year. An additional $51,744 of unspent funds from FY 2020/21 was carried over to the FY 2021/22 budget to fund the project. The associated funding amounts for the project are outlined below:

FISCAL YEAR AMOUNT
FY 21/22 $1,051,744
FY 22/23 $1,000,000
TOTAL PROJECT FUNDING AVAILABLE $2,051,744
Construction Bid Amount $1,503,080
Construction Contingency $ 151,920
Engineering and inspections $ 100,000
TOTAL PROJECT COSTS $1,755,000
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of a construction contract with COPP Contracting, Inc. in the amount of $1,503,080 to construct Citywide Pavement Rehabilitation- Slurry/Crack Project; and
Packet Pg. 1474

2. Authorize construction, construction contingencies, and inspection costs in the total amount of $1,755,000 for Citywide Pavement Rehabilitation- Slurry/Crack project;

3. Authorize the City Manager or designee, to execute all documents for the construction of Citywide Pavement Rehabilitation- Slurry/Crack project with COOP Contracting, Inc.;

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

5. Authorize the Agency Director of Administrative Services to issue a Purchase Order in the amount not to exceed $1,503,080 to COPP Contracting, Inc to complete the Project.

Attachments
Attachment 1 Contract Agreement
Attachment 2 Bid Tabulation
Attachment 3 Bid Proposal
Attachment 4 Location Map
Wards: 2, 4, 5, 7
Synopsis of Previous Council Actions
July 20, 2022 Mayor and City Council rejected Construction Bids for the Citywide Pavement Rehabilitation (Slurry/Crack Seal) Project.

June 1, 2022 Mayor and City Council adopted Resolution No. 2022-102 approving the annual operating budgets and Capital Improvement Plan (CIP) for FY 2023 and FY 2024.

June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving the FY 2021/22 proposed operating budget, Capital Improvement Program, and appropriation limit calculation.

June 19, 2019 Mayor and City Council adopted Resolution No. 2019-168 adopting the City’s Annual Operating Budget for FY 2019/20.

Packet Pg. 1475
Packet Pg. 1476
Packet Pg. 1477
 
  
 Packet Pg. 1478
Packet Pg. 1479
Packet Pg. 1480
Packet Pg. 1481
Packet Pg. 1482
Packet Pg. 1483
Packet Pg. 1484
Packet Pg. 1485
Packet Pg. 1486
Packet Pg. 1487
Packet Pg. 1488
Packet Pg. 1489
Packet Pg. 1490
Packet Pg. 1491
Packet Pg. 1492
Packet Pg. 1493
Packet Pg. 1494
Packet Pg. 1495
Packet Pg. 1496
Packet Pg. 1497
Packet Pg. 1498
Packet Pg. 1499
Packet Pg. 1500
Packet Pg. 1501
Packet Pg. 1502
Packet Pg. 1503
ATTACHMENT 4 – LOCATION MAPS
Paving Limits
Piedmont St, from Palm Ave to Piedmont Ave
Centerline to be Detail 22
Packet Pg. 1504
ATTACHMENT 4 – LOCATION MAPS
Paving Limits
Electric Ave, from 40th St to Edgerton St. – Bike Lane Detail 39A to be upgraded with Green and Extended through turn pocket opening Packet Pg. 1505
ATTACHMENT 4 – LOCATION MAPS
Paving Limits
36th St, from E St to End/Crescent Ave
Match Existing
Packet Pg. 1506
ATTACHMENT 4 – LOCATION MAPS
Paving Limits
Acacia Ave, from 36th St to 34th St.

Match Existing
Packet Pg. 1507
ATTACHMENT 4 – LOCATION MAPS
Paving Limits
Lugo Ave, from Baseline St to 13th St.

Match Existing
Packet Pg. 1508
ATTACHMENT 4 – LOCATION MAPS
Paving Limits
Sepulveda St, from Baseline St to 13th St.

Match Existing
Packet Pg. 1509
ATTACHMENT 4 – LOCATION MAPS
Paving Limits
Wall Ave, from Baseline St to 13th St.

Match Existing
Packet Pg. 1510
ATTACHMENT 4 – LOCATION MAPS
Paving Limits
Bell St, from Baseline St to 13th St.

Match Existing
Packet Pg. 1511
ATTACHMENT 4 – LOCATION MAPS
Paving Limits
Genevieve St, from Baseline St to 13th St.

Match Existing
Packet Pg. 1512
ATTACHMENT 4 – LOCATION MAPS
Paving Limits
27th St, from Golden Ave to Cedar St.

Match Existing
Packet Pg. 1513
ATTACHMENT 4 – LOCATION MAPS
Paving Limits
Alexander St, from Golden Ave to Harrison St.

Match Existing
Packet Pg. 1514
ATTACHMENT 4 – LOCATION MAPS
Paving Limits
Harrison St, from 27th St to 29th St.

Match Existing
Packet Pg. 1515
ATTACHMENT 4 – LOCATION MAPS
Paving Limits
Lawrence Ave, from Miranda St to End
Match Existing
Packet Pg. 1516
ATTACHMENT 4 – LOCATION MAPS
Paving Limits
Mirada St, from Lawrence St to Alameda Ave
Match Existing
Packet Pg. 1517

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 21, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Award Design Services Agreement for Seccombe Lake Park Revitalization Project
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Design Services Agreement with RHA Landscape Architects Planners, Inc. in the amount of $537,855 for the revitalization of Seccombe Lake Park.

Background
The Public Works Department is responsible for maintaining all City parks. Seccombe Lake Park is an existing 44-acre facility. The park has a central lake surrounded by two Little League Baseball diamonds each equipped with a combination concession/press box/restroom facility, two sand surface volleyball courts, and an assembly area gazebo with shade shelters. The park area has twenty-eight benches, a one-half mile walking track, three playground areas, three barbecue grills, seventeen picnic tables, and two bridges.

Seccombe Lake Park is in need of improvements to blend in with the existing park structures and landscaping. This revitalization project, which will give the park a new and refreshed look, includes upgrading the site furnishings, clean paving, new landscaping, lake improvements, ADA upgrades and irrigation improvements.

Packet Pg. 1518
Restoration of the park and its amenities will assist the City in promoting positive outdoor activities and restore recreational opportunities to surrounding neighborhoods.

The Department will be focusing on low maintenance, low water use, and durability of park improvements. Plant selection will be based on those that can endure existing weather conditions and those that bloom year-round, in addition to foliage color, texture, and contrast.

Several options for the design of the park improvements, irrigation system, and site furnishings will be discussed to determine the best solutions for beautification, as well as safety, long term maintenance, and elasticity. Many of the trees in the park have survived without irrigation, but more trees need to be planted to provide more shade and cooling for visitors.

Discussion
On April 12, 2022, Public Works requested proposals to provide a design for the revitalization of Seccombe Lake Park. Five (5) responses to the RFP were received on May 19, 2022. The following are the firms that responded to the RFP:

1. RJM Design Group

2. Community Works Design Group

3. RHA Landscape Architects -Planners, Inc.

4. David Volz Design

5. Webb Associates
The proposals from the firms were evaluated by staff based on several criteria, including:
• Understanding of the work to be performed
• Experience with similar kinds of work (including experience with the City) • Qualifications of key personnel Rates
• Familiarity with state and federal procedures
• Financial responsibility
• Demonstration of technical ability
A selection committee consisting of management level staff reviewed the proposals and the following three firms were invited to present their proposals and interview with the selection panel on July 12, 2022.

No. Firm Location
1 RHA Landscape-Architects Planners, Inc. Riverside
2 David Volts Design Costa Mesa
3 Albert Webb Associates Riverside
Packet Pg. 1519
All firms attended the presentation and were interviewed by the panel. RHA Landscape Architects-Planners, Inc. received superior ratings in the areas of related experience, adequacy of staff, completion schedule, depth of understanding, and project approach.

RHA Landscape Architects-Planners has extensive experience and successfully completed similar projects for numerous cities statewide. The panel determined RHA demonstrated the capability to provide design services for the Seccombe Lake Park improvements.
2021-2025 Key Strategic Targets and Goals
Authorization of this agreement aligns with Key Target No. 4.: Economic Growth & Development. Completion of this project will improve park assets by providing ADA compliant recreational features, upgrade restroom facilities, and restore irrigation and lighting systems to provide a safe and well-maintained community park. The lake improvements will revitalize and enhance the character of the park.

Fiscal Impact
There is no General Fund impact associated with this action. Project budget for the proposed work was previously established through approved grant funding by the San Manuel Band of Mission Indians in the amount of $1,000,000 and assignment of funds from the American Rescue Plan (ARP) held in reserve in the amount of $9,000,000 for the Seccombe Lake Park recreation improvements. Construction document preparation and support totals $537,855 and is available to fund the complete design cost.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Design Services Agreement with RHA Landscape Architects Planners, Inc. in the amount of $537,855 for the revitalization of Seccombe Lake Park.

Attachments
Attachment 1 Agreement with RHA Landscape Architects Planners, Inc.

Attachment 2 Location Map
Ward
First Ward
Synopsis of Previous Council Actions
February 2, 2022 Mayor and City Council adopted Resolution No. 2022-26 assigning from American Rescue Plan (ARP) funds held in reserve for Seccombe Lake Park renovation project,
Nicholson Park renovation project, Small Business and NonProfit Assistance Grant Program and Roosevelt Bowl and Lytle Creek Park.

Packet Pg. 1520
December 15, 2021 Mayor and City Council adopting Resolution No. 2021-305 accepting a Grant Award from the San Manuel Band of
Mission Indians in the amount of $2,220,000.

Packet Pg. 1521
1 CITY OF SAN BERNARDINO

DESIGN SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into as September 21, 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, California 92401 (“City”), and RHA LANDSCAPE ARCHITECTS-PLANNERS-INC., a corporation with its principal place of business at 6800 Indiana Avenue, Suite 245, Riverside, California 92506 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Designer. Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.

2.3 Project. City desires to engage Designer to render such services for the Seccombe Lake Park Revitalization ("Project") as set forth in this Agreement.

3. TERMS

3.1 Employment of Designer.

3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld. In the event there is any conflict between the main body of this Agreement and the provisions of the Exhibits, the terms of the main body of this Agreement shall control. In addition, in the event that there are conflicts between Exhibit “A” and Attachment 1 to Exhibit “A”, the terms of Exhibit “A” shall control.

3.1.2 Term. The term of this Agreement shall be from September 21, 2022 to September 21, 2023, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than three (3) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Packet Pg. 1522
2 3.2 Project Designer; Key Personnel.

3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates David Black, RLA (License No. 789824 (C-27)) to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.

3.2.2 Key Personnel. In addition to the Project Designer, Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows:

Doug Grove, President, Landscape Architect, RLA
Greg Meek, Principal, Landscape, RLA
David Black, Project Manager, Landscape Architect, RLA
Jennifer Salazar, Project Manager, Landscape Designer
Lauren McHugh, Project Manager, Landscape Architect
Andrew Lytle, Project Captain, Landscape Designer
Kathy Beatty, Office Manager, Accounting

3.3 Hiring of Consultants and Personnel.

3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.

Packet Pg. 1523
3 3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.

3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.

3.4 Standard of Care.

3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein.

3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project.

Packet Pg. 1524
4 3.5 Laws and Regulations.

3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom.

Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.5.2 Drawings and Specifications. Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City.

3.5.3 Americans with Disabilities Act. Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.

3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.

Packet Pg. 1525
5 3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.

Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
(b) Standard of Care. Designer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
(c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.

3.5.6 Air Quality.
(a) Compliance with Air Quality Laws, Ordinances, and Regulations.

Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall Packet Pg. 1526
6 specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.6 Independent Contractor.

3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.7 Schedule of Services.

3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.

3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein.

Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.

3.7.3 Performance Schedule. Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds.

Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer without the prior written approval of City. If the Designer’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement.

Packet Pg. 1527
7 3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) Force Majeure Event . Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays. Such a non-compensable adjustment shall be Designer’s sole and exclusive remedy for such delays and the Designer will not receive an adjustment to the contract price or any other compensation. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Designer and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

3.8 Additional Designer Services.

3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.

3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Designer as to the compensation to be paid for such services. City shall pay Designer for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services Packet Pg. 1528
8 are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement.

3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Designer was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Designer to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Designer. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Designer is not a party. (f) Damage Repair. Supervision of repair of damages to any structure. (g) Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Designer's services for the Project.

3.9 City Responsibilities. City’s responsibilities shall include the following:

3.9.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Designer with a preliminary construction budget (“City’s Preliminary Construction Budget”).

3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.

Packet Pg. 1529
9 3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.

3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.

3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.

3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.

3.9.7 City’s Representative. The City hereby designates Robert D. Field, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Representative hereby designates Alex Qishta, Deputy DPW/City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.9.8 Review and Approved Documents. Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.

3.10 Compensation.

3.10.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Five Hundred Thirty-Seven Thousand, Eight Hundred Fifty-Five Dollars ($537,855.00) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.

3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and Packet Pg. 1530
10 incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.

3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.

3.10.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid at the address listed in Section 3.29. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein.

3.10.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under Packet Pg. 1531
11 the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control.

3.10.6 Prevailing Wages. Designer 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, and if the total compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site.

Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants 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). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.10.7 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.10.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and Packet Pg. 1532
12 harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Designer or any subcontractor.

3.11 Notice to Proceed.

Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.12 Termination, Suspension and Abandonment.

3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement.

3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer.

3.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.

3.12.4 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.13 Ownership and Use of Documents; Confidentiality.

3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and Packet Pg. 1533
13 remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer.

Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties.

If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.

3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.

3.13.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Designer makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City.

Packet Pg. 1534
14 3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.

3.14 Indemnification.

3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers.

3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’s performance of “design professional” services (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, Designer’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate percentage of fault.

3.15 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.15.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Designer agrees to amend, supplement or endorse the policies to do so.

3.15.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer’s and its Packet Pg. 1535
15 subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.15.3 Commercial General Liability
(a) The Designer 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. (b) 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. 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
(c) 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.
(d) The policy shall give City, the City Council and each member of the City Council, its 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.
(e) 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.

3.15.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and Packet Pg. 1536
16 property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(b) 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).
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) 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.

3.15.5 Workers’ Compensation/Employer’s Liability
(a) Designer 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.
(b) To the extent Designer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Designer 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.

Designer 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.

3.15.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this Agreement the Designer 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 Designer. “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.

3.15.7 Privacy/Network Security (Cyber
(a) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.

Packet Pg. 1537
17 3.15.8 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:

Combined Single Limit
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 (b) Defense costs shall be payable in addition to the limits. (c) 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.

3.15.9 Evidence Required
(a) Prior to execution of the Agreement, the Designer 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.

3.15.10 Policy Provisions Required
(a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to nonpayment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer 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.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’s policy is primary insurance and that any Packet Pg. 1538
18 insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer 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.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) 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 Designer from liability in excess of such coverage, nor shall it limit the Designer’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.

3.15.11 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: 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.

3.15.12 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Designer, 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 Designer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(b) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Designer or City will withhold amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel this Agreement.
(c) The City may require the Designer to provide complete copies of all insurance policies in effect for the duration of the Project.

Packet Pg. 1539
19 (d) 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.

3.15.13 Subconsultant Insurance Requirements
(a) Designer 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 Designer, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

3.16 Records.

Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.

3.17 Standardized Manufactured Items.

Designer shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.

3.18 Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City.

3.19 Mediation.

Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.

3.20 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, Designer shall not assign or transfer by operation of law or otherwise any or all of its rights, Packet Pg. 1540
20 burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

3.21 Asbestos Certification.

Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.

3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County.

3.24 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

3.26 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.27 Safety.

Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.

Packet Pg. 1541
21 3.28 Harassment Policy.

Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Designer shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Designer's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.

3.29 Delivery of Notices.

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: City Manager
With a Copy to:

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

RHA Landscape Architects-Planners, Inc.
6800 Indiana Avenue, Suite 245
Riverside, CA 92506
Attn: Greg Meek
Principal
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.30 Time of Essence.

Time is of the essence for each and every provision of this Agreement.

3.31 City’s Right to Employ Other Consultants.

City reserves right to employ other consultants, including designers, in connection with this Project or other projects.

Packet Pg. 1542
22 3.32 Prohibited Interests.

3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer 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 Designer, 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.

3.32.2 Conflict of Interest. For the term of this Agreement, no director, 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.

3.33 Equal Opportunity Employment.

Designer 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 any other classification protected by federal or state law.

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. Designer shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.34 Labor Certification.

By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.35 Subcontracting.

As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.

3.36 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.37 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.

Packet Pg. 1543
23 3.38 Entire Agreement.

This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. 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. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto.

3.39 Federal Provisions.

Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:

3.39.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

3.39.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;

3.39.3 Treasury Compliance and Reporting Guidance for the Act;

3.39.4 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;

3.39.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

3.39.6 Federal contract provisions attached hereto as Exhibit “D” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [SIGNATURES ON FOLLOWING PAGE]
Packet Pg. 1544
Packet Pg. 1545
Exhibit A-1

EXHIBIT A
DESIGNER’S SCOPE OF SERVICES

1. GENERAL REQUIREMENTS.

1.1 Basic Services. Designer agrees to perform all the necessary professional design, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the parties) and construction administration services for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein. The Basic Services are more particularly defined in Attachment 1 to this Exhibit “A”.

1.2 Exclusions from Basic Services. The following services shall be excluded from the basic services listed above: N/A

1.3 Additional Services. Designer shall perform the following Additional Services for the Project: N/A

1.4 Communication with City. Designer shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractor’s warranty period. Designer shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City.

1.5 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Designer will be fully aware of the duties and responsibilities of the construction manager.

The Designer shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Designer shall request clarification from the City in writing if the Designer should have any questions regarding the authority of the construction manager.

2. INITIAL PLANNING PHASE.

During the initial planning phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters.

2.2 Meeting Budget and Project Goals. Designer shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project budget and time line, including the City’s Preliminary Construction Budget.

Packet Pg. 1546
Exhibit A-2
Designer shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and construction allowance. It shall be the duty of the Designer to design the Project within budget. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by the stated amount, Designer may be required to make the necessary changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget.

2.3 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the Agreement, Designer shall assist City in securing easements, encroachment permits, rights of way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners.

3. SCHEMATIC PLAN PHASE.

During the schematic plan phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

3.1 Funding Documents. Designer shall provide a site plan and all other Projectrelated information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project.

3.2 Schematic Plans. In cooperation with City, Designer shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed design concept of the buildings (“Schematic Plans”). Designer shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All design drawings for the Project shall be in a form suitable for reproduction.

3.3 Preliminary Project Budget. Designer shall use the City’s Preliminary Construction Budget and its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City (“Designer’s Preliminary Project Budget”). The purpose of the Designer’s Preliminary Project Budget is to show the probable Project cost in relation to City’s Preliminary Construction Budget and the construction standards of any applicable funding agency. If Designer perceives site considerations which render the Project expensive or cost prohibitive, Designer shall disclose such conditions in writing to City immediately. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by more than the stated amount, Designer may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Designer shall provide a preliminary written time schedule for the performance of all construction work on the Project.

3.4 Copies of Schematic Plans and Other Documents. Designer, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

Packet Pg. 1547
Exhibit A-3

4. DESIGN DEVELOPMENT PHASE.

During the design development phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

4.1 Design Development Documents. Once City provides Designer with specific written approval of the Schematic Plans described herein, Designer shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval.

4.2 Copies of Design Development and Other Documents. Designer, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

4.3 Updated Project Budget. Designer shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Designer’s Updated Project Budget”).

4.4 Timetable. Designer shall provide a written timetable for full and adequate completion of the Project to City.

4.5 Application for Approvals. Designer shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Designer shall furnish and process all design and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required.

4.6 Color and Other Aesthetic Issues. Designer shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project.

5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.

During the final working drawings and specifications phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

5.1 Final Working Drawings and Specifications. Once City provides Designer with specific written approval of the Design Development Documents described herein, Designer shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following:

Packet Pg. 1548
Exhibit A-4
(1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Designer with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“asbuilt drawings”) in City’s possession. Designer will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions.

City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Designer which may not be shown on the as-built drawings.

5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Designer and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards.

The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Designer.

5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Designer, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. Designer shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Designer, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications.

However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent designer or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Designer shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.

5.4 Costs of Construction. It is understood by Designer that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Designer’s fees. Should it become evident that the total construction cost will exceed the specified sum, Designer shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based.

5.5 Copies of Final Working Drawings and Specifications and Other Documents.

Designer, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local Packet Pg. 1549
Exhibit A-5
agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

6. CONSTRUCTION CONTRACT DOCUMENTS.

During the construction contract documents phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

6.1 Bid and Contract Documents. If so required by City, Designer shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), Contract, General Conditions, Supplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel.

6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”), Designer shall provide City with its final estimate of probable construction cost (“Designer’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Designer’s duty to design the Project within budget.

7. BID PHASE.

During the bid phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

7.1 Reproducible Construction Documents. Once City provides Designer with specific written approval of the Construction Documents and Designer’s Final Estimate, Designer shall provide to City one set of reproducible Construction Documents.

7.2 Distribution of Contract Documents and Review of Bids. Designer shall assist City in distributing the Construction Documents to bidders and conducting the opening and review of bids for the Project.

7.3 Over Budget. If the apparent lowest responsive and responsible bid on the Project exceeds the Designer’s Final Estimate by more than five percent (5%), City may request Designer to amend, at Designer’s sole cost and expense, the Final Drawings and Specifications in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less than the Designer’s Final Estimate. All revisions necessary to bring the lowest responsible and responsive bid within the Designer’s Final Estimate, including any omissions, deferrals or alternates, shall be made in consultation with, and subject to the approval of, the City.

8. CONSTRUCTION PHASE.

During the construction phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

Packet Pg. 1550
Exhibit A-6

8.1 Observation. The Project Designer shall observe work executed from the Final Working Drawings and Specifications in person, provided that City may, in its discretion, consent to such observation by another competent representative of Designer.

8.2 General Administration. Designer shall provide general administration of the Construction Documents and the work performed by the contractors.

8.3 Pre-Construction Meeting. Designer shall conduct one or more pre-construction meetings, as the City determines is needed for the Project, with all interested parties.

8.4 Site Visits of Contractor’s Work. Designer shall conduct site visits to observe each contractors’ work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such site visits shall be conducted as often as are necessary and appropriate to the stage of construction, according to the City’s sole discretion, but in no event less than weekly.

8.5 Site Visits of Inspector’s Work. Designer shall conduct site visits to communicate and observe the activities of the City inspectors. Such site visits shall be conducted as often as is mutually acceptable to Designer and City. Designer shall direct the City inspectors and the Project contractors to coordinate the preparation of record drawings indicating dimensions and location of all “as-built” conditions, including but not limited to, underground utility lines.

8.6 Coordination of Designer’s Consultants. Designer shall cause all architects, engineers and other consultants, as may be hired by Designer or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents.

8.7 Reports. Designer shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project.

8.8 Construction Meetings; Minutes. Designer shall attend all construction meetings and provide written reports/minutes to the City after each construction meeting in order to keep City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the City’s sole discretion, but no less than weekly.

8.9 Written Reports. Designer shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work.

8.10 Written Records. Designer shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project.

8.11 Material and Test Reports. Designer shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Designer shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the contractors and City.

Packet Pg. 1551
Exhibit A-7

8.12 Review and Response to Submissions. Designer shall review and respond, in a timely manner, to all schedules, submittals, shop drawings, samples, information requests, change requests, and other submissions of the contractor and subcontractors for compliance with, or alterations and additions to, the Construction Documents. Designer’s review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.

8.13 Rejection of Work. Designer shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Designer shall immediately notify the City and contractor(s) of such rejections. Designer shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed.

8.14 Substitutions. Designer shall consult with City, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such substitutions. Designer’s consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.

8.15 Revised Documents and Drawings. Designer shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents.

8.16 Change Requests and Material Changes. Designer shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Designer shall provide the City with its opinion as to whether such change requests should be approved, denied or revised.

If the City has not hired a construction manager or other person to do so, the Designer shall prepare and execute all change orders and submit them to the City for authorization. If the City has designated a construction manager or other person to prepare all change orders, the Designer shall review all change orders prepared by such person, execute them and deliver them to the City for authorization if they meet with the Designer’s approval, or submit them to the City with recommendations for revision or denial if necessary. Designer shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Designer may order, on its own responsibility and pending City Council approval, changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured.

8.17 Applications for Payment. Designer shall examine, verify and approve contractor’s applications for payment, and shall issue certificates for payment in amounts approved by the City’s inspector.

8.18 Final Color and Product Selection. Designer shall coordinate final color and product selection with City’s original design concept.

8.19 Substantial Completion. Designer shall determine the date of substantial completion, in consultation with the City.

8.20 Punch List. After determining that the Project is substantially complete, Designer shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”). Designer shall notify contractor in Packet Pg. 1552
Exhibit A-8
writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Designer shall also notify City of all Punch List Items.

8.21 Warranties. Designer shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors and subcontractors pursuant to the Construction Documents. Designer shall coordinate and provide these materials to the City.

8.22 Certificate of Completion. Designer shall participate in any further inspections of the Project necessary to issue Designer’s Certificate of Completion and final certificate for payment.

8.23 Documents for Project Close-Out. Designer shall cause all other architects, engineers and other consultants, as may be hired by Designer, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project.

Designer shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.

9. AS-BUILT DRAWINGS.

During the as-built drawings phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Designer shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing an “as-built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Designer shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Designer by any inspectors and the contractor, and shall obtain certifications from any inspectors and the contractor that the drawings are correct.

9.2 Approval. Once City provides Designer with specific written approval of the AsBuilt Drawings and Specifications, Designer shall forward to City the complete set of original AsBuilt Drawings and Specifications or a complete set of reproducible duplicate As-Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail.

9.3 Documents for Final Payment. Prior to the receipt of Designer’s final payment, Designer shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As-Built Drawings and Specifications as required herein; and (4) Designer’s Certificate of Completion.

10. WARRANTY PERIOD.

During the warranty period phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

Packet Pg. 1553
Exhibit A-9

10.1 Advice. Designer shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project.

ATTACHMENT 1

CONSULTANT PROPOSAL
Packet Pg. 1554
Request for Proposal
Seccombe Lake Park Revitalization
Project
Presented to:

The City of San Bernardino
Public Works Department-Engineering Division
May 19, 2022
Prepared By:

RHA Landscape Architects - Planners, Inc.
6800 Indiana Avenue
Suite 245
Riverside , CA 92506
951 - 781 - 1930
www.rhala.com Packet Pg. 1555
6 800 INDIANA AVENUE, SUITE 245, RIVERSIDE, CALIFORNIA 92506 (951) 781 - 1930 LICENSE #1512 FAX (951) 686 - 80 91 E - MAIL: [email protected] May 19, 2022
Alex Qishta P.E
Interim Director of Public Works/City Engineer
City of San Bernardino
Public Works Department – Engineering Division
201 North ”E” Street, 2nd Floor
San Bernardino, CA 92418
RE: REQUEST FOR PROPOSAL

SECCOMBE LAKE PARK REVITALIZATION PROJECT
Dear Alex and Consultant Selection Committee,
RHA Landscape Architects-Planners, Inc. is very pleased to submit this proposal for the

SECCOMBE LAKE PARK REVITALIZATION PROJECT
We have enjoyed working with you and the City of San Bernardino over the past several years on several project and feel we have developed a good working relationship with you and other City staff members.

RHA has completed several park improvement and renovation projects for other cities including Chino, Monrovia, Santa Monica, Riverside, El Segundo, Moreno Valley, and Los Angeles, and Yucaipa. We feel the key to revitalization projects is to make the new improvements blend into the existing park to make them appear they were always there. It is also important to include simple items that give the park a new and refreshed look such as upgrading site furnishings, cleaning the paving, and providing new landscaping.

We are excited about working again with the City of San Bernardino on this project and think we have a strong understanding of your expectations for us on this project. After walking the Seccombe Lake Park site, we already have visions of what the improvements will look like when completed. There are so many beautiful areas around the lake and thought the park that have been neglected but are still intact. The bathroom replacements, lake improvements, ADA upgrades, irrigation improvements, and new planting for this project will revitalize the park and enhance the existing character of the park. We will be focusing on low maintenance, low water use, and enduring park improvements. Plants will be selected so that something will be blooming all year round but also for foliage color, texture, and contrast. It is also important that plant material stay low for safety and visibility.

Several options for the design of the park improvements, irrigation system, and site furnishings, will be discussed with the City Staff to determine the best solutions for beautification as well as safety, long term maintenance, and durability. Many of the trees in the park have survived without irrigation but more new trees need to be planted where trees are missing and to provide more shade and cooling.

RHA Landscape Architects has assembled a strong team for this project consisting of DBA Engineering for Survey and Civil, BOA Architecture, JCA Electrical Engineers, and Lake Tech for lake cleanup.

We understand that the project will start after May, 2022. RHA has the resources meet any required 1 Packet Pg. 1556
Seccombe Lake Park Revitalization Project May 1 9, 2022 San Bernardino, CA
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
schedule needed for this project and because we have worked with you before, we can hit the ground running. A schedule has been included that includes the proposed timeline for the work.

The proposed level of effort and breakdown of man-hours is included in our fees schedule. The approach for the work is covered in the “Fee schedule Work Plan” included in the proposal.

The management, and primary contacts, authorized to speak for the firm during the evaluation process are Doug Grove, RLA, LEED AP and Greg Meek RLA, CPSC; both licensed Landscape Architects who are extremely experienced providing exceptional landscape architectural services to cities and public agencies. We can be reached at the telephone numbers and email addresses below.

Doug Grove, email [email protected] Telephone (951) 781- 1930 ex 121 Greg Meek, email [email protected] Telephone (951) 781- 1930 ex 122 Doug Grove and Greg Meek will both be involved in the management of this project. Most of the irrigation work will be performed by Landscape Architect, David Black our irrigation specialists. Our support staff are Lauren McCullough, Landscape Architect, and Landscape Designers, Jennifer Iklady and Andrew Lytle.

RHA is not requesting any modifications to the City of San Bernardino Standard Agreement and there will be no exceptions
.

RHA has no client relationships that could present possible conflicts of interest or effect the proposed project.

The RHA office is located at 6800 Indiana Street, Suite 245, Riverside California. Only 12 miles from the City of San Bernardino Offices.

This proposal shall remain valid for the period of not less that 90 Days from the date of submittal.

We look forward to working with you on this exciting project! Cordially,
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.

Greg Meek, RLA, CPSC
Principal
2 Packet Pg. 1557
San Bernardino – Seccombe Lake Park May 19, 2022
Alex Qishta P.E
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Table of Contents
Table of Contents
COVER LETTER (including statement of acceptance) 1
TABLE OF CONTENTS 3
SCOPE OF SERVICES 4
PROFESSIONAL AND TECHNICAL SUPPORT 13
TIMELINE & SCHEDULE 18
SIMILAR PROJECT EXPERIENCE 19
SUBCONSULTANTS 29
REFERENCES 36
FEES FOR SERVICE (Separate Envelope)
3 Packet Pg. 1558
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 1 of 9

RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Scope of Services

SCOPE OF SERVICES
We understand that this project is to revitalize the Seccombe Lake Park and give it new life.

Seccombe Lake Park is such a beautiful park and will have so much to offer the community when it is revitalized and new amenities are added. The center piece of the park is the large lake, which needs cleaning but has so many unique seating areas, viewing areas, and walking areas around its perimeter. The existing stage areas would be great for holding recreational activities such as concerts, or educational events for children. New restrooms and renovation of the gazebo will refresh the architectural appearance and make the park more convent for families. Walking the Seccombe Lake Park site, we became aware of the existing conditions and are ready to meet with the recreation staff and the community to discuss how the park will be programed and used. We will analyze the parks opportunities and constraints, including, but not limited to, accessibility, safety, circulation, programable areas, and ballfields. We will get into the details such as the condition of the irrigation system, electrical, buildings to be demolished, maintainability and the project budget.

The Seccombe Lake Park Revitalization project will re-create a sense of place and become a gathering point for people living and working in the downtown area. It will be a place to hold events, gatherings, meet neighbors and make new friends. This park will help build a safer community, provide a place for children to play and interact, walkers to walk and exercise, and a place to relax and enjoy the outdoors. Located in the center of the city, Seccombe Lake park has been serving the surrounding community for many years but due to neglect and vandalism, it has not felt welcoming to visitors. With the new restrooms, new accessible playground equipment, improved lighting, lake clean up, bridge repairs and other proposed improvements, Seccombe Lake Park will receive a new look and be recreated to meet the current recreational needs of the neighborhood and community.

Scope of this project will include improvements as requested in the RFP which include:

1. Install 2 Midsized Playgrounds -Full replacement of existing playground with addition of some all-inclusive playground equipment with rubberized turf and shade canopies.

2. Entry Point Paver Upgrades (5 Entries) - At all entry points from parking lots, pavers or stamped concrete will be
installed to give the park a more aesthetically friendly and updated look.

3. ADA Ramps Installation (Upgrades) - Upgrade all ramps to current standards redesign of ramp on 5th St that is out of compliance and may be too long in length.

4. Picnic Tables (that are colorful and made from recycled material) with Mesh-Iron Umbrellas
Installation of 12 circular picnic tables with a mesh-iron 4 Packet Pg. 1559
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 2 of 9

RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Scope of Services
umbrella in 12 pre-existing areas (ADA designed).

Two of these tables will have ADA access from the sidewalk/parking area.

5. Additional bench seating installed (approximately 12) throughout the park.

6. Center Island Restoration
Requires extensive soil restoration, re-landscaping, and stamped concrete/paver installed to replace existing sidewalk.

Incorporate a full 360 view of the lake and surroundings- no tree removal.

Including historical type directional nautical compass layout on the center island.

Footbridge Repair and Re-Paint
Replacement of wood planks and repainting of both footbridges.

Mesh-Iron System may be preferred depending on structural soundness of plank system.

7. Exercise Trail QR Code Stations
Appropriately ADA located- 6 exercise stations to be installed along existing sidewalk spanning through the lake. Areas where stations shall be installed should be at the wide widths of sidewalks.

Stations shall be defined by concrete bump-outs or extensions, and signage.

8. Educational Trail Next to Ranger Station
Located at north end of Belle Street in park. (Building may have needed repairs to be completed- not a part of RFP).

9. Doggie Stations
6 doggie stations throughout the park area with bag dispensers, waste container, and water fountains. Current stations to be removed, relocated, or replaced.

10. Date Palm Solar Wrap Up Lighting
Decorative lighting for the date palms on the corner of 5th St and Sierra Street. Lights will be out of reach to the public and will wrap around trees.

11. Flagpole upgrade to include solar wrap up lighting and vandalproof rope Full Irrigation and controllers (Separate RFP)
Consultant shall upgrade irrigation that may be needed for proposed landscape beds, new trees, grass areas, etc.

12. Full electrical lighting and poles within park area restored Electrical service (transformers, pull boxes, etc.) existing unknown. New Park lights are required throughout the entire park.

Walkway lighted bollards also needed.

13. Two (2) EV Charging Stations
5 Packet Pg. 1560
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 3 of 9

RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Scope of Services

14. Restroom buildings (3) to be demolished
One existing building damaged by fire.

New Restrooms to be installed (3 locations)
Existing plumbing require a complete rebuild for any new restrooms. Restrooms should be deigned to be sustainable and low maintenance with ADA compliant features.

15. Entire lake area clean-up
Complete removal of all lake debris and junk that has
accumulated over the years.

16. Gazebo restoration
New roof, steeple, and electrical re-established. All supporting structural members shall be repaired. Concrete is to be upgraded and sound system to be installed.

17. Move “Temporary Dog Park” and Create Permanent “Salty Dog” Park
This park would use current fencing, add seating (made from recycled materials) and shading in seating areas.

Include 3 agility equipment pieces in large and small dog park.

Include drinking fountain for dogs.

18. Shade Sails in Specific Seating Areas Throughout Site

19. Two Main Entry Archways with Park name on 5th St. and Sierra St./7th St This design shall be like White Park in Riverside.

20. Aquatic Art Pieces
2 smaller island Public Art pieces (mermaids as per Figure 1 in Appendix A) and 1 piece next to field entry way

21. Renovation of Dirt/Grass Areas along 5th St.

Replacement of grass with rock and DG ground layers with cactus and other flora.

22. Renovation of Baseball Fields
New grass upgrades, visuals, and ADA accessibility.

23. Upgrade Concession Area
Upgrades are to enhance visual atheistic and accessibility.

RHA Landscape Architects has worked with and has a close working relationship with a contractor that has recently complete projects within the City of San Bernardino. Due to this relationship, RHA has access to accurate and current construction costs for park improvements. 6 Packet Pg. 1561
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 4 of 9

RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Scope of Services

CONCEPTUAL DESIGN PHASE
TASK 1 – KICKOFF MEETING, PROJECT MANAGEMENT AND

COORDINATION
We will coordinate and attend a project kick-off meeting within one (1) week of receiving the Notice-to Proceed from the City.

The purpose of the meeting will be to establish clear lines of communications, review and redefine the proposed project scope and schedule and establish general design guidelines, discuss project goals, parameters and constraints and obtain background data. We will attend status meetings as necessary during the course of the project to keep the City staff abreast of the project development. We will establish review
milestones in the project schedule and submit deliverable products in a timely manner for adequate City review and revision. We have included four (4) scheduled meetings during conceptual planning, one of those meetings will include the community and City Council.

TASK 2 – SITE RESEARCH, SURVEY AND REVIEW PROJECT DATA
The RHA team and David Beckwith Associates will perform all necessary data collection that will include a topographic site survey, research, gathering and reviewing existing City records appropriate for the project site. RHA will review existing site information, including maps, landscape plans, topographical information, Geographic Information System (GIS) data, street improvement plans, along with any requested information to complete a successful project. Included in this phase will be to identify areas of the project that will require traffic control plans for construction activities.

We will complete all field reconnaissance necessary to verify existing irrigation and planting improvements and site conditions and locate and identify undocumented surface improvements relevant to the proposed redesign.

TASK 3- SITE TOPOGRAPHIC SURVEY
David Beckwith Associates will provide all survey work needed to complete the project. The survey will include spot elevations, contours existing grades, high points, low points, utilities, curb returns, top and bottom of curbs, and spot elevations every 50 feet.

RHA will visit and evaluate the site to determine the existing landscape conditions, grading, drainage, irrigation equipment, utilities, and other critical information required for a complete design. RHA staff will photo document the site, take notes on existing conditions, test the operation and condition of the irrigation system components.

TASK 4- UNDERGROUND UTILITY LOCATING
David Beckwith Associates in conjunction with their underground utility locating consultant shall locate surface indications of the underground utilities (excluding irrigation lines) and attach electronic transmitting equipment to said utilities and follow the electronic signals on the ground surface. Each utility located will be incorporated into the final topographic map showing both horizontal and vertical values to the nearest foot.
7 Packet Pg. 1562
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 5 of 9

RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Scope of Services
TASK 5- EXISTING RESTROOM DEMOLITION & CONCESSION EVALUATION The RHA Team member BOA Architecture in the preliminary phase, will provide an evaluation for the new park restrooms and concession areas that would identify improvements needed and provide with estimated cost for the upgrades and replacements.

TASK 6- ASBESTOS INVESTIGATION FOR BUILDINGS BEING REMOVED The RHA Team member, BOA Architecture, in the preliminary phase will provide a site assessment of the existing buildings to be demolished and collect asbestos samples of the existing restroom buildings The samples will be analyzed and a report will be created that is sufficient for abatement contractor to remove the asbestos.

TASK 7– PREPARE CONCEPTUAL DESIGN PLAN
The RHA Team will prepare a schematic Seccombe Lake Park plan that will provide and recommendations of all site uses and features including, but not limited to: the Restroom Upgrades, Concession areas, play areas and equipment, site furnishings, site lighting, LID runoff Mitigation requirements, planter areas, parking lot renovation, and irrigation recommendations, landscape design and irrigation concept. The plan will identify the proposed irrigation system and equipment
recommendations, a palette of proposed plant material,
boulders, and other materials used in the design.

TASK 8- MEETING WITH STAFF
After completing the conceptual design plan, RHA will meet with the City staff either in person or virtually through a Zoom meeting to report all findings and review the Conceptual Design plan. RHA will discuss the existing conditions and finding with staff and present the schematic design with recommended options landscape and irrigation. Once an agreed upon option is determined, RHA will proceed with the Design Development drawings.

TASK 9 – PRESENTATION OF THE CONCEPTUAL PLAN TO THE STAFF AND COMMUNITY The RHA Team understands that as part of the City’s COVID-19 transmission mitigation efforts, the City is prioritizing the health and safety of our residents, employees, and contractors. Therefore, the City may suspended all in-person meetings to reduce the number of visitors to City facilities in an effort to limit the spread of COVID-19. The RHA team has already been conducting meetings virtually, for many other projects but if this change the team can make other arrangements if directed by the city.

We will provide (1) public outreach meetings, (1) progress meetings with stakeholders, and one (1) presentation at a City Council study session meeting is required. The public outreach meeting shall include meetings with interested residents and with any community organizations or sports leagues that use the park on a regular or occasional basis. The final design meeting shall include a project presentation to the City Council.

TASK 10- MEETING WITH STAFF
After receiving input on the conceptual design plan and making recommended modifications, RHA will meet with the City staff either in person or virtually through a Zoom meeting to report all findings and 8 Packet Pg. 1563
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 6 of 9

RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Scope of Services
changes to the conceptual design plan. Once all the final design has been agreed upon, RHA will proceed with the construction documents.

CONSTRUCTION DESIGN PHASE
TASK 13 - CONSTRUCTION DOCUMENTS
All plans will be developed using AutoCAD 2018. We will utilize the City title block at 24” x 36”. Construction documents will be submitted for City review at 60% and 100% completion. Final drawing will be stamped and wet signed.

1. DEMLITION PLANS
Detailed plans will be prepared plans illustrating the locations and limits of the proposed project and identify the location and limits of existing site features that are to remain in place and protected from construction activities.

2. CONSTRUCTION PLAN & DETAILS
RHA will prepare a construction plan that will locate by dimensioning all site elements including, play equipment, concrete paving, walls, fencing, and site furnishings. Details will be provided to demonstrate proper construction and installation of all the site elements.

3. PRECISE GRADING AND DRAINAGE PLAN
David Beckwith Associates coordinating with RHA will prepare one (1) set of precise grading and drainage plans. Plans will include finished grading design for the new site concrete walkways and ADA compliant pathways around the park from the existing street and Parking lot to the play areas.

Area drainage system and construction details will also be shown. Services also include agency plan check revisions, construction notes, quantities, and construction details.

4. ON SITE SEWER AND WATER PLAN
David Beckwith Associates shall prepare one (1) set of onsite sewer and water plans. Improvements will indicate new main/lateral alignment and sizing with cleanouts and valves from existing pointsof-connection outside of the public right-of-way to the drinking fountains in plan-view only.

Assumes existing connections within the public right-of-way will be sufficient for new service and connections will be made on the property site of the right-of-way and no additional offsite plans will be required. Plans include agency plan check revisions, construction notes, quantities, and construction details.

5. HYDROLOGIC ANALYSIS
David Beckwith Associates shall prepare one (1) set of hydrologic calculations consistent with the guidelines set forth in the San Bernardino County Department of Public Works Hydrology
Manual, dated January 2006. The hydrologic calculations will be completed utilizing the County’s “HydroCalc” computer program to determine construction stormwater conditions. These
calculations will be utilized in the SUSMP to determine the hydrologic conditions of concern for the site. This task does not 9 Packet Pg. 1564
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 7 of 9

RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Scope of Services
include analysis of off-site flows.

6. STANDARD URBAN STORMWATER MITIGATION PLAN
David Beckwith Associates shall prepare one (1) set of SUSMP/Low Impact Development (LID) documents in conformance with the requirements and conditions for LID improvements that are compliant with NPDES Order R4-2012-0175 and NPDES No CAS004001 for the County of San Bernardino. The SUSMP/LID shall analyze prescribe structural and non-structural Best Management Practices (BMPs) in compliance with LID standards. Treatment control BMPs, shall be appropriately sized to meet minimum flow rate/volume mitigation design requirements of the local municipal agency.

7. ARCHIECTURAL DRAWINGS
BOA Architecture will provide architectural documents for totally remodeling the interior of the existing public concession building for ADA needed improvements an estimated cost for the ADA upgrades. BOA will also provide architectural drawings for a new site-built or prefab building for snack bar and equipment storage.

8. ELECTRICAL AND LIGHTING
JCA Engineering Inc., Electrical Engineering & Consulting will provide Electrical Construction documents reflecting the new site main service, power connection to existing services and lighting for the renovated park. Plans will include a demolition plan denoting existing conduits and connectors to be removed. Two new electrical vehicle spaces will be added in the parking lot

9. PARKING LOT REPAVING & STRIPING
David Beckwith Associates coordinating with RHA will prepare plans for the parking lot repaving and striping as needed for the electrical vehicle spaces and new ADA compliant pathways from the parking lot to the proposed and existing park elements.

9. LAKE EVALUATION AND CLEAN UP
RHA will has included on our team Lake Tech a lake management and maintenance company to provide a structure scan of Seccombe Lake to determine the level of debris in the lake and test the water quality. From this information RHA will prepare plans and specification for the cleanup of the lake. We have experience with Tri City Park Lake and Laguna Lake in the City of Fullerton. The water quality of the lake will be evaluated and shoreline erosion controls will be designed. The lake will be cleared of all debris except the sediment on the bottom. Recommendations for aquatic plantings may be made that will improve water quality.

10. IRRIGATION PLAN & DETAILS
Irrigation retrofit plans to water all proposed planted areas with 100% coverage. All irrigation plans will include the location, type, size and manufacturer of the proposed equipment and materials necessary to construct the irrigation system. The plans will also include all required notes and calculations necessary to demonstrate the engineering suitability of the proposed system. Pressure loss calculations, point of connection, mainline, lateral and head layout, drip irrigation layout, controller location, and flow calculations will be provided. The controllers will be ET based Smart controllers with moisture sensing capabilities, non-volatile memory. The system will be designed for a minimum efficiency of 70 percent. Details will be provided to demonstrate proper installation of all irrigation equipment.
10 Packet Pg. 1565
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 8 of 9

RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Scope of Services

11. PLANTING PLAN, HARDSCAPE & DETAILS
RHA will prepare detailed plans for all planting areas on the site. These plans will locate and identify all items of plant material and inert materials such as boulders or rock. Drought tolerant plant materials will be used to conserve water, reduce maintenance and ensure the long- term health and viability of the plant material. Planting plans that illustrate the location, size, quantity and type of proposed plant and inert materials required to complete the project. The plans will include, but are not limited to, trees, shrubs, ground covers, flower color, and mulch.

12. SPECIFICATIONS
We will prepare book specifications identifying types and qualities of materials and methods to be used in construction.

13. WATER SCHEDULING
A detailed watering schedule for the proposed irrigation system for both plant establishment and post plant establishment.

TASK 14 - OPINION OF PROBABLE CONSTRUCTION COSTS
RHA will prepare a detailed opinion of probable construction cost at the design developmentstage, at 60% and the 100% submittal of the construction documents. The estimate will be a very detailed line item document identifying all of the specific amenities proposed for construction.

TASK 15 - BIDDING ASSISTANCE & COORDINATION
We understand that the City will coordinate the advertising of the plans and specifications for bidding and hand out all plans and specifications to the contractors. We will assist the City in preparing addendums, answering questions and attending a pre-bid
conference.

TASK 16 - CONSTRUCTION SUPPORT
RHA will review shop drawings, respond to requests for information, attend the preconstruction meeting, make weekly field observation visits of the project during construction to review construction progress as requested by the City. The City’s inspector will provide the day-to-day inspection and organize the meetings. We will support the City, advising and making recommendations.

The following duties will be included in the construction administration phase:

1. A pre-construction conference will be conducted to be attended by the City, Design Team, and the contractor along with major subcontractors for the project. All of the requirements regarding the hours of operation during the length of the construction process will be carefully outlined. All of the required contracts, bonds, and insurance will be reviewed with the contractor. Construction schedules as provided by the contractor along with the schedule of values will be reviewed and approved.

2. Weekly visits (a total of 5 visits @ 3 hours/visit) to the job site will be conducted including meetings with the general contractor and the City to ascertain the progress of the project and 11 Packet Pg. 1566
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 9 of 9

RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Scope of Services
its compliance with the contract documents. Meeting minutes will be prepared for distribution.

3. All necessary drawings/specification clarifications will be prepared to further indicate project requirements.

4. All submittals provided by the contractor as required in the contract documents will be reviewed and approved including shop drawings, samples, and product data. Turnaround time for review of submittals will be two (2) weeks from receipt of submittals in RHA’s office.

5. Assistance will be provided as to the appropriateness of all testing and inspection related to the project.

6. Upon completion of the project, a final punch list will be prepared for items to be corrected on the project by the contractor. Assistance will be provided in coordinating all of the required guarantees and operating manuals for all of the components of the irrigation systems.

7. A final inspection of the park at the conclusion of the landscape maintenance period. We will make recommendations for acceptance by the City as appropriate.

8. We will prepare as-built record drawings of the final installation based on as-built redline plans provided by the contractor.

12 Packet Pg. 1567
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 1 of 1
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.

Professional and Technical Support - Organization Chart Our staff is available to work on this project and will be available as needed. The hours anticipated for this project for each task is included in our fee schedule.

As president of the company, Mr. Grove is authorized to negotiate on behalf of RHA. Doug Grove or Greg Meek will be the one point of contact for the City of San Bernardino and will be the project manager assisted by Lauren McHugh and David Black. David Black is our irrigation specialists and will be evaluating the existing irrigation system and designing the irrigation for the additional area being added to the park. Andrew Lytle, landscape designer will be performing most of the auto CAD drawings for the project and preparing presentation graphics.

Our well qualified team that we have assembled for this project includes the following firms:

David Beckwith Associates – Survey, Civil Engineering, Grading, and Drainage Boa Architecture – Architecture, Restroom ADA evaluation, and Asbestos investigation JCA Electrical Engineers – Electrical and lighting
Our mid-sized office with qualified and experienced staff ensures that you will receive exception and personalized service. We like to create an environment that feels like we are an extension of the City Staff. Our goal is to always make you look good, to the people you report to, the public, the Commissions and the City Council. We look forward to working again with the City of San Bernardino! Kathy Beatty
Office Manager
Accounting
David Black
Andrew Lytle
Project Captain
Landscape Designer
Project Team Organizational Chart
Greg Meek

LEED AP
Project Manager
Landscape Designer
Project Manager
Landscape Architect
Jennifer Salazar Lauren McHugh
Doug Grove
Project Manager
Landscape Architect
President
Landscape Architect
Principal
Landscape Architect
13 Packet Pg. 1568
KEY PERSONNEL RESUMES – Doug Grove
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
6800 Indiana Avenue, Suite 245, Riverside, California 92506 – (951)781-1930 – (951) 686-8091 – www.rhala.com Doug Grove, RLA, ASLA, LEED® AP
President
Education:

BS/1985/Landscape Architecture/
Cal State Polytechnic University, Pomona

Active Registration:
1987/Landscape Architect/2799/State of California
LEED Accredited Professional – United States Green Building Council (USGBC) Mr. Grove is President, Principal Landscape Architect, and LEED Accredited Professional with RHA Landscape ArchitectsPlanners, Inc. He graduated from California State Polytechnic University, Pomona in 1985 and holds a Bachelor of Science degree in Landscape Architecture. A professional Landscape Architect for over 37 years, his wide range of experience in the public works sector includes in the design and project management of hundreds of park projects as well as housing development, streetscape, institutional and commercial projects.

Mr. Grove has established his ability to work efficiently and professionally throughout all aspects of project development.

His extensive experience has included management and design of projects from preliminary phases to construction documents, and coordination and observation of project installation. He has been responsible for coordinating public meetings, design development, and approval on numerous public works and parks projects as well as following through with obtaining all other necessary approvals needed for final drawing and project completion.

Mr. Grove serves on the California Park and Recreation Society (CPRS) State Board of Directors as the President Elect and the CPRS District 11 Board of Directors as the Administrators Section Representative. He also serves on the Board of Directors for the California Turf and Landscape Foundation at the University of California, Riverside and the Building Industry Association (BIA) Riverside County. He is a past President of the CPRS State Development and Operations Section and a past Board Member for the United States Green Building Council – Inland Empire (USGBC-IE).

Representative projects include (partial list):

Park and Recreation Needs Assessments
• Benicia Parks, Trails, and Open Space Master Plan
• Chino Parks and Facilities Master Plan
• Carlsbad Parks and Recreation Master Plan
• Pleasant Hill Recreation and Park District Parks and Recreation Master Plan • San Clemente Parks and Recreation Master Plan
• Temple City Parks and Open Space Master Plan
• Carlsbad Needs Assessment and Comprehensive Action Plan • Ladera Ranch Needs Assessment/Park and Recreation Master Plan, Ladera Ranch • San Jacinto Park and Recreation Master Plan, San Jacinto Neighborhood Parks
• Chino Rancho Park, City of Chino
• Lucinda Garcia Park, City of Monrovia
• Dolphin Park Inclusive Playground, City of Carson
• Shadow Mountain Park Inclusive Playground, City of Moreno Valley • Moreno Valley Community Park Skatepark, City of Moreno Valley 14 Packet Pg. 1569
KEY PERSONNEL RESUMES – Doug Grove
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
6800 Indiana Avenue, Suite 245, Riverside, California 92506 – (951)781-1930 – (951) 686-8091 – www.rhala.com • Jane Reynolds Skatepark, City of Lancaster
• Lee Owens Park, City of Whittier
• Acacia and Washington Parks , City of El Segundo
• Monte Vista Park, City of Chino
• Celebration Park, City of Ontario
• Rimgate and Tamarisk Park Renovations, City of Lake Forest • Concourse and Mountain View Park Renovations, City of Lake Forest • Norco Ridge Ranch Park, City of Norco
• Stagecoach Park, City of Corona
• Machris Park, Town of Yucca Valley
• Hi-Desert Park, Town of Yucca Valley
• San Antonio Park, City of Upland
• Jameson Park, City of Corona
• Hull Park, City of Lancaster
• Pikes Peak Park, City of Norco
• McCarthy Park, City of Upland
• Upland Parks Renovation, City of Upland
• Cresta Verde Park Renovation, City of Corona
• City Park Renovation, City of Corona
• Twila Reid & John Marshall Parks Renovation, City of Anaheim • Judson Street Park, City of Redlands
• Montecito Ranch Park, County of Riverside
• Taft Park, City of Riverside
Historical Parks
• Chino Old Schoolhouse Museum, City of Chino
• Aliso Viejo Ranch, City of Aliso Viejo
• Founders Park, City of Anaheim
• San Antonio Park, City of Upland
• White Park, City of Riverside
• Reyes-Adobe, City of Agoura Hills
• Hillcrest Park Renovation, City of Fullerton
• Jensen Alvarado Ranch, County of Riverside
• California Citrus State Historic Park, State of California and City of Riverside Community and Sports Parks
• La Palma Park, City of Anaheim
• Torrance Park, City of Torrance
• Yorba Park, City of Orange
• Oak Park Sports Fields, Pleasant Hill Recreation & Parks District • Columbia Park, City of Torrance
• Kare Park, City of Irwindale (Kare Youth League)
• Fergusson Park, City of Rialto
• Rancho Jurupa Regional Sports Complex (synthetic turf), County of Riverside • Rancho Jurupa Park – RV Park, Water Play & Miniature Golf, County of Riverside 15 Packet Pg. 1570
KEY PERSONNEL RESUMES – Doug Grove
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
6800 Indiana Avenue, Suite 245, Riverside, California 92506 – (951)781-1930 – (951) 686-8091 – www.rhala.com • Moreno Valley Community Park – Soccer Field Renovations (synthetic turf), City of Moreno Valley • Harveston Community Park, City of Temecula
• Lancaster Youth Ball Fields (13 fields), City of Lancaster • American Heroes Park, City of Lancaster
• Citrus Community Park, City of Corona
• John Anson Ford Renovation, City of Bell Gardens
• Hunter Community Park, City of Riverside
• Reid Park Expansion, City of Riverside
• Domenic Massari Park, City of Palmdale
• Whit Carter Park, City of Lancaster
• Orange Terrace Community Park, City of Riverside
• Shadow Mountain Park, City of Moreno Valley
• Tierra Bonita Park, City of Lancaster
• Live Oak Park Renovation, City of Temple City
• March Air Force Base Regional Park, MAFB Joint Powers Authority • Schabarum Park Renovation, County of Los Angeles
• Ardmore & Shatto Parks Renovation, City of Los Angeles • South Community Center Park, Town of Yucca Valley
• Bryant Street Park, City of Yucaipa
• Rawley-Duntley Park, City of Lancaster
• Cactus Basin (Jerry Eaves) Park, City of Rialto
• Centennial Park, City of Redlands
• Cardiff-by-the-Sea Sports Complex, City of Encinitas
• Kern Desert Regional Park, City of Ridgecrest
• Park Arroyo, City of El Monte
• Andulka Park, City of Riverside
• Indio Community Center/Park, City of Indio
• La Sierra & Hunt Parks, City of Riverside
16 Packet Pg. 1571
KEY PERSONNEL RESUMES – Greg Meek
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
6800 Indiana Avenue, Suite 245, Riverside, California 92506 – (951)781-1930 – (951) 686-8091 – www.rhala.com

GREG MEEK, RLA

PRINCIPAL
EDUCATION:

BA/1979/LANDSCAPE ARCHITECTURE/

TEXAS A&M UNIVERSITY
Performance Leadership – DunkinWorks 2016
Resolve - Negotiations training – Agreement Dynamics Inc. 2017 ACTIVE REGISTRATION:

Landscape Architect/2484/State of California
Certified Playground Safety Inspector (CPSI)

Mr. Meek is a Principal Landscape Architect with RHA Landscape Architects-Planners, Inc. He graduated from Texas A&M in 1978 and holds a Bachelor of Arts degree in Landscape Architecture. A professional Landscape Architect for over 36 years, his wide range of experience in the public works sector includes 3 years as the Senior Landscape Architect for the City of San Jose, the tenth largest city in the United States and 10 years of experience as a park development coordinator for various cities in California. He has been responsible for managing Park Dwelling and Park Impact fees, preparing and monitoring agency capital budgets, planning and managing agency capital improvement program, developing requests for services, agreements, and contracts, negotiating fees for services, preparing contracts, and managing staff and contractors.

Mr. Meek’s experience in the private sector has included business development, client and project management, preparing budgets and cost estimates as well as the design of sports parks, neighborhood parks, schools, and streetscape projects. He has also provided consultant plan checking services for the cities of Diamond Bar and Palm Desert as well as in his capacity as landscape architect at the cities of Fullerton, San Jose, and San Mateo.

Representative projects include (partial list):
• Linda Garcia Park, City of Monrovia, California
• Elysian Park, City of Los Angeles, California
• Nicholson Park, City of San Bernardino, California
• Marine Park, City of Santa Monica, California
• Lee Owens Park, City of Whittier, California
• Dolphin Park Inclusive Playground, City of Carson, California • Acacia and Washington Park, City of El Segundo, California • Hayward Square Park, City of San Mateo, California
• Beresford Park, City of San Mateo, California
• Martin Luther King Park, City of San Mateo, California • Poplar Creek Golf Course club House Landscape Renovation, City of San Mateo, California • Lake Cunningham Bike Park/ Extreme Sports Park, San Jose, California • Grand Terrace Fitness Park, Grand Terrace, California • Bagdouma Park Renovation Project, City of Coachella, California • Dateland Park Renovation Project, City of Coachella, California • Casmalia and Alder Street Beautification Project, Rialto, California • Terra Bella Specific Plan Landscape Design Guidelines, French Valley California • Stratham Homes Neighborhood Park – Jurupa, California • Menifee Town Center, Menifee California
• Rancon Medical Office Center Wildomar, California
17 Packet Pg. 1572
KEY PERSONNEL RESUMES – Greg Meek
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
6800 Indiana Avenue, Suite 245, Riverside, California 92506 – (951)781-1930 – (951) 686-8091 – www.rhala.com • Mission Plaza, Riverside, California
• Sycamore Creek Housing Development Temescal Valley, California • Rancon Medical Office Center Wildomar, California
• Eastside Park Phase II Improvements, City of Yorba Linda, California • Community Park Improvement Project, Poway, California • Comprehensive Park and Facilities Master Plan, Colton, California • Camp Little Bear, Themed Park Development, Bell, California • Clarington and Mandeville Parks and Play Area Renovation Projects, Laguna Hills, California • Four Park Play Area Renovation Projects, Gardena, California • Eight Park Evaluation and Improvement Project, City of Indio • Downtown Fullerton Street Tree Improvement Project, City of Fullerton • Vista Community Sports Complex, City of Vista, California • South Gate Park Renovation and Beautification, South Gate, California • Washington Street Park Development, Diamond Bar, California • Yorba Linda Water District, Elk Mountain Park Feasibility Study, Yorba Linda, California • San Dimas Avenue Streetscape Improvements, San Dimas, California • Casmalia and Alder Street Beautification Project, Rialto, California • Terra Bella Specific Plan Landscape Design Guidelines, French Valley California • Stratham Homes Neighborhood Park – Jurupa, California • Menifee Town Center, Menifee California
• Rancon Medical Office Center Wildomar, California
• Mission Plaza, Riverside, California
• Sycamore Creek Housing Development Temescal Valley, California • Tri City Park Lake Improvements Fullerton , California

18 Packet Pg. 1573
KEY PERSONNEL RESUMES – David Black
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
6800 Indiana Avenue, Suite 245, Riverside, California 92506 – (951)781-1930 – (951) 686-8091 – www.rhala.com

DAVID BLACK, RLA

LANDSCAPE ARCHITECT
EDUCATION:

BS/1999/LANDSCAPE ARCHITECTURE/

CAL STATE POLYTECHNIC UNIVERSITY, POMONA
ACTIVE REGISTRATION:
2009/Landscape Architect/5509/State of California
Contractor License CA #789824(C27)
Mr. Black is a Project Manager and Licensed Landscape Architect with RHA Landscape Architects-Planners, Inc. He graduated from California State Polytechnic University, Pomona, and holds a Bachelor of Science degree in Landscape Architecture. He has more than 19 years of landscape design and construction experience and specializes in irrigation design for all projects at RHA. As a professional Landscape Architect, Mr. Black has established his ability to work efficiently and professionally throughout all aspects of project development. His experience has included management and design of projects from preliminary phases to construction documents, and coordination and observation of project installation. He has been responsible for coordinating meetings with clients and governing agencies, overseeing project budget preparation, design development and approval on numerous projects as well as following through with obtaining all other necessary approvals needed for final drawing completion.

Representative projects include:

Neighborhood Parks
• Dolphin Park Inclusive Playground, City of Carson
• Shadow Mountain Park Inclusive Playground, City of Moreno Valley • Moreno Valley Community Park Skatepark, City of Moreno Valley • Lancaster Skatepark, City of Lancaster
• Lee Owens Park, City of Whittier
• Acacia and Washington Parks , City of El Segundo
• Monte Vista Park, City of Chino
• Concourse & Mountain View Parks, City of Lake Forest
• Rimgate & Tamarisk Parks, City of Lake Forest
• Stagecoach Park, City of Corona
• San Antonio Park, City of Upland
• Jameson Park, City of Corona
• Pikes Peak Park, City of Norco
Community and Sports Parks
• Yorba Park, City of Orange
• Columbia Park, City of Torrance
• Fergusson Park, City of Rialto
• Rancho Jurupa Regional Sports Complex (synthetic turf), County of Riverside • Rancho Jurupa Park – RV Park, Water Play & Miniature Golf, County of Riverside • Moreno Valley Community Park – Soccer Field Renovations (synthetic turf), City of Moreno Valley 19 Packet Pg. 1574
KEY PERSONNEL RESUMES – David Black
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
6800 Indiana Avenue, Suite 245, Riverside, California 92506 – (951)781-1930 – (951) 686-8091 – www.rhala.com • Harveston Community Park, City of Temecula
• Lancaster Youth Ball Fields (13 fields), City of Lancaster • American Heroes Park, City of Lancaster
• Hunter Community Park, City of Riverside
• Reid Park Expansion, City of Riverside
• Whit Carter Park, City of Lancaster
• Orange Terrace Community Park, City of Riverside
• Shadow Mountain Park, City of Moreno Valley
• Live Oak Park Renovation, City of Temple City
20 Packet Pg. 1575
ID Task Name Duration Start Finish
1 CONCEPTUAL DESIGN 56 days Mon 6/20/22 Mon 9/5/22
2 Project Kick‐off Meeting with City staff 0 days Mon 6/20/22 Mon 6/20/22 3 Research and Review Project Data 2 wks Mon 6/20/22 Fri 7/1/22 4 Topographic Survey 3 wks Mon 7/4/22 Fri 7/22/22
5 Prepare Schematic Plan 2 wks Mon 7/25/22 Fri 8/5/22
6 Meeting with City staff 0 days Mon 8/8/22 Mon 8/8/22
7 Community Meeting 0 days Mon 8/15/22 Mon 8/15/22
8 Prepare Conceptual Design 2 wks Tue 8/16/22 Mon 8/29/229 Meeting with City staff 0 days Fri 9/2/22 Fri 9/2/22 10 Prepare Final Conceptual Design 2 wks Mon 9/5/22 Fri 9/16/22 11 CONSTRUCTION DOCUMENTS 55 days Mon 9/19/22 Fri 12/2/22 12 Prepare 60% PS&E 4 wks Mon 9/19/22 Fri 10/14/22
13 Meeting with City staff 0 days Fri 10/14/22 Fri 10/14/2214 Prepare 100% PS&E 2 wks Mon 10/17/22 Fri 10/28/2215 Meeting with City staff 0 days Fri 10/28/22 Fri 10/28/2216 City review of PS&E 2 wks Mon 10/31/22 Fri 11/11/22 17 Final Plan Revisions 2 wks Mon 11/14/22 Fri 11/25/2218 City review and approval of PS&E 1 wk Mon 11/28/22 Fri 12/2/22 19 BIDDING 30 days Mon 12/5/22 Fri 1/13/2320 Project Bidding 4 wks Mon 12/5/22 Fri 12/30/22 21 Review Bids and Award Contract 2 wks Mon 1/2/23 Fri 1/13/23 22 CONSTRUCTION 195 days Fri 1/13/23 Fri 10/13/23
23 Notice to Proceed 0 days Fri 1/13/23 Fri 1/13/23
24 Project Construction 9 mons Mon 1/16/23 Fri 9/22/2325 Project Close out 3 wks Mon 9/25/23 Fri 10/13/23 6/20 9/5 9/5
6/20
6/20 7/1
7/4 7/22
7/25 8/5
8/8
8/15
8/16 8/29
9/2
9/5 9/16
9/19 12/2
9/19 10/14
10/14
10/17 10/28
10/28
10/31 11/11
11/14 11/25
11/28 12/2
12/5 1/13
12/5 12/30
1/2 1/13
1/13 10/13
1/13
1/16 9/22
9/25 10/13
May '22 Jun '22 Jul '22 Aug '22 Sep '22 Oct '22 Nov '22 Dec '22 Jan '23 Feb '23 Mar '23 Apr '23 May '23 Jun '23 Jul '23 Aug '23 Sep '23 Oct '23 Nov '23 Seccombe Lake Park Improvements Project Schedule
May 19, 2022
RHA Landscape Architects-Planners, Inc.
21    
 Packet Pg. 1576
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 1 of 3

RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.

Similar Park Design and Development Experience
RHA has completed the design of over 200 parks ranging from 2 acre Neighborhood Parks to 100 acre Regional Parks as shown on the following pages.

REGIONAL PARKS/FACILITIES
• Ruben S. Ayala Park 100 acres City of Chino
• Rancho Jurupa Regional Park 70 acres County of Riverside • California Citrus State Historic Park 400 acres City of Riverside/ State of California • March Air Force Base Regional Park 200 acres March Joint Powers Authority • The California Speedway 525 acres Penske Motor Sports • Pechanga Resort and Casino 146 acres Pechanga Band of Luiseño Indians

SPORTS FACILITIES & COMMUNITY PARKS
• Kare Park 14 acres Kare Youth League (Irwindale)
• Poinsettia Park Expansion 42 acres City of Carlsbad
• Pine Avenue Park Expansion 8 acres City of Carlsbad
• Aviara Community Park Expansion 24 acres City of Carlsbad • Grape Day Park 30 acres City of Escondido
• Fergusson Park 10 acres City of Rialto
• Lancaster Youth Ball Fields 60 acres City of Lancaster • Rancho Jurupa Regional Sports Park 40 acres County of Riverside • Whit Carter Park 60 acres City of Lancaster
• American Heroes Park 5 acres City of Lancaster
• Harveston Community Park 20 acres City of Temecula
• Orange Terrace Community Park 30 acres City of Riverside • John Anson Ford Park 48 acres City of Bell Gardens
• Live Oak Park 15 acres City of Temple City
• South Community Park 60 acres Town of Yucca Valley
• Amigo Park 10 acres County of Los Angeles
• Machris Park 10 acres Town of Yucca Valley
• Morrison Park 25 acres City of Moreno Valley
• Pico Park 10 acres City of Grand Terrace
• Riverside Sports Organization & Athletic Fields 60 acres Riverside Sports Organization • Moreno Valley Community Park 18 acres City of Moreno Valley • Lancaster City Park (Big 8 Sports Complex) 60 acres City of Lancaster • San Antonio Park 15 acres City of Upland
• Citrus Community Park 20 acres City of Corona
• Hunter Community Park 20 acres City of Riverside
• Reid Park 20 acres City of Riverside
• Mountain Gate Park 24 acres City of Corona
• Northwest Park 20 acres City of Rialto
• Story Park 7 acres City of Alhambra
• Cabazon Park 9 acres County of Riverside
• Woodbridge Community Park 22 acres City of Irvine
• Shadow Mountain Park 10 acres City of Moreno Valley
• Bryant Street Park 16 acres City of Yucaipa
• Tierra Bonita Park 30 acres City of Lancaster
22 Packet Pg. 1577
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 2 of 3

RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.

Similar Park Design and Development Experience
• Rawley-Duntley Park 20 acres City of Lancaster

NEIGHBORHOOD PARKS
• Lee Owens Park Playground and Splash Pad 8 acres City of Whittier • Monte Vista Park Restroom and Splash Pad 8 acres City of Chino • Celebration Park 5 acres City of Ontario
• Norco Ridge Ranch Park 1 acre City of Norco
• Stagecoach Park 5 acres City of Corona
• Jameson Park 13 acres City of Corona
• Pablo Apis Park 5 acres City of Temecula
• Pikes Peak Park 8 acres City of Norco
• Electric Park 5 acres City of San Bernardino
• McCarthy Park 5 acres City of Upland
• Prime Desert Woodland Pavilion 3 acres City of Lancaster • Maul Park 10 acres County of Riverside
• Eller Park 8 acres County of Riverside
• Jacobs Park Tennis Courts 0.5 acres Town of Yucca Valley • Hi-Desert Park 5 acres Town of Yucca Valley
• John F. Kennedy Park 7 acres City of Moreno Valley
• Wimbledon Park 3.5 acres City of Costa Mesa
• Bob McLeod Park 3 acres City of Chino
• Jacobs Park 5 acres City of Cerritos
• Liberty Park 3 acres City of Chino
• Cresta Verde Park 5 acres City of Corona
• River Road Park 6 acres City of Corona
• Coyote Canyon Park 5 acres City of Rancho Cucamonga
• Spruce Avenue Park 5 acres City of Rancho Cucamonga
• Northwest Park 6 acres City of Rialto
• Montecito Ranch Park 10 acres County of Riverside

EXISTING PARK REHABILITATION
• Lee Owens Park Playground and Splash Pad 8 acres City of Whittier • Monte Vista Park Restroom and Splash Pad 8 acres City of Chino • Poinsettia Park Expansion 42 acres City of Carlsbad
• Pine Avenue Park Expansion 8 acres City of Carlsbad
• Aviara Community Park Expansion 24 acres City of Carlsbad • Grape Day Park 30 acres City of Escondido
• Tamarisk Park 8 acres City of Lake Forest
• Rimgate Park 7 acres City of Lake Forest
• Concourse Park 5 acres City of Lake Forest
• Mountain View Park 5 acres City of Lake Forest
• Moreno Valley Community Park 18 acres City of Moreno Valley • Hillcrest Park 50 acres City of Fullerton
• John Anson Ford Park 48 acres City of Bell Gardens
• Hunter Community Park 20 acres City of Riverside
• Reid Park 20 acres City of Riverside
23 Packet Pg. 1578
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 3 of 3

RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.

Similar Park Design and Development Experience
• Live Oak Park 15 acres City of Temple City
• Machris Park 10 acres Town of Yucca Valley
• Pablo Apis Park 5 acres City of Temecula
• Amigo Park 10 acres County of Los Angeles
• Cresta Verde Park 12 acres City of Corona
• City Park 10 acres City of Corona
• Schabarum Regional Park 60 acres County of Los Angeles • Pamela Park 10 acres County of Los Angeles
• Crossroads Park 20 acres City of Chino Hills
• Oakridge Park 10 acres City of Chino Hills
• White Park 10 acres City of Riverside
• San Antonio Park 15 acres City of Upland

HISTORICAL PARKS/FACILTIES
• Aliso Viejo Ranch 8 acres City of Aliso Viejo
• Founders Park 3 acres City of Anaheim
• Edward Dean Museum & Gardens 16 acres County of Riverside • Hillis-Hise Historic House & Gardens 5 acres County of Riverside • San Antonio Park 15 acres City of Upland
• Reyes Adobe Historical Site 5 acres City of Agoura Hills • Hillcrest Park 50 acres City of Fullerton
• Jenson-Alvarado Park 16 acres County of Riverside
• California Citrus State Historic Park 400 acres City of Riverside/ State of California

TRAILS PLANNING
• San Marcos Trails Master Plan Update City of San Marcos • Orange Blossom Trail – Phase 1 City of Redlands
• Orange Blossom Trail – Phase 2 City of Redlands
• Arroyo Seco Pedestrian and Bicycle Trail City of South Pasadena • Yucca Valley Trails Master Plan Town of Yucca Valley
• Zanja Trail at Barton Vineyard Apartments City of Redlands • Victoria Avenue Beautification and D.G. Walking Trail City of Riverside

RECREATION/OPEN SPACE PLANS/NEEDS ASSESSMENTS
• Parks & Facilities Master Plan City of Chino
• Park & Recreation Master Plan City of Carlsbad
• Park & Recreation Master Plan Pleasant Hill Recreation & Park District • Park & Recreation Master Plan City of San Clemente
• Cathedral City Parks & Recreation Master Plan City of Cathedral City • Park and Open Space Master Plan City of Temple City
• Needs Assessment and Action Plan City of Carlsbad
• Ladera Ranch Needs Assessment/Park and
• Recreation Master Plan Town of Ladera Ranch
24 Packet Pg. 1579
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 1 of 4

RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Similar Project Experience & References
Lake Forest Park Renovations
RHA was retained by the City of Lake Forest to prepare Master Plans and Renovation Plans for 4 parks in the city. The projects were divided into 2 separate contracts with each contract containing 2 park sites, Concourse and Mountain View Parks & Tamarisk and Rimgate Parks.

RHA led the city staff and the community residents through a series of public workshops to determine what the desired improvements would be for the parks. Community meetings were held at the park sites as well as at the Parks and Recreation Commission meetings and City Council meetings. Individual interviews were also done with some surrounding residents to obtain their direct input on how the improvements would affect them. Once the planning process was completed, construction documents were prepared RHA directed a consultant team consisting of civil, geotechnical and electrical engineering.

Client: City of Lake Forest
Contact: Vicky Blethen - (949) 461-3413
Completion: Mountain View & Concourse Parks - August 2012 Tamarisk & Rimgate Parks - June 2014
Construction Cost: Mountain View & Concourse Parks - $1,700,000 Tamarisk & Rimgate Parks - $2,700,000
Removed existing sand volleyball court and designed new seating plaza and playground 25 Packet Pg. 1580
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 2 of 4

RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Similar Project Experience & References
Removed existing playground and designed new seating plaza, play equipment and custom sand and water play feature and added shade canopies
26 Packet Pg. 1581
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 3 of 4

RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Similar Project Experience & References
Removed existing playground and designed new Tree House themed playground with shade canopies 27 Packet Pg. 1582
City of San Bernardino – Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 4 of 4

RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Similar Project Experience & References
Removed existing playground and designed new equipment with new shade canopies 28 Packet Pg. 1583
David Beckwith and Associates
Firm Profile
Request for Proposal for
Engineering and Final Design
Services for Orange Blossom Trail
Bac
Background
David Beckwith and Associates (DBA) is a growing and vibrant California Certified SBE firm specializing in Civil & Structural Engineering, Land Surveying, and QSD/QSP Environmental Services.

DBA was founded in 2007 by David M Beckwith, PE and since its inception has strived to uphold our mission statement, “To simply be the best, to only promise what we can deliver, and then deliver more than we promised.” Our firm’s home office is located in Corona and has a total staff of 10, including 3 Registered Civil Engineers, 2 Licensed Surveyors, and 1 Qualified SWPPP Developer/Practitioner and supporting field crews. DBA is an Equal Opportunity Employer and does not discriminate and encourages diversity within the firm.

As a small business, DBA can assure our Clients that every project will receive the attention of the President of the firm and with this high level of interaction and commit each and every project will be given the utmost and priority and ultimately set us apart from the rest of the industry.

Contacts
Firm Address
1269 Pomona Road, Suite 108
Corona, CA 92882
714.349.7007 (T)
909.484.4229 (F)
www.davidbeckwithandassociates.co
David M Beckwith, PE, QSD, QSP
President
Environmental/Development Manager
[email protected]
Daniel A Calvillo, PLS
Vice-President
Surveying Services Manager
[email protected]
Jason R Mutka, PE
Vice-President
Structural Services Manager
[email protected]
Mark C Reifer, PE
Vice-President
Water Resources Manager
[email protected]
Disciplines
Civil Design
Hydrology and Hydraulic Analysis
Water Quality Management Plan
Storm Water Pollution Prevention
Sewer Capacity Study
Forced Main Water Hydraulics
Structural Design
Structural Observation
Insurance Distress Report Claim
Seismic Retrofit Analysis
Land Surveying and Mapping
Precise Leveling
Deformation Survey
As-Built Survey
Construction Staking
29 Packet Pg. 1584

Mayor and City CouncilSeptember 21, 2022

Mayor and City Council
September 21, 2022