Agenda packet — Mayor and City Council, October 5, 2022 (part 4 of 4)

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PRICE QUOTE
Date
3/9/2022
Estimate #
5882
Name / Address
City of San Bernardino
Attn: Information Services
4th Floor
300 North D Street
San Bernardino, CA 92418

HLP, INC
Chameleon Software Products
9878 West Belleview Ave. #110
Littleton, CO 80123
Please return your license renewal form as soon as possible.

Phone #
800-459-8376
Fax #
866-844-3924
E-mail
[email protected]
Web Site
www.chameleonbeach.com
Total
Subtotal
Sales Tax (8.75%)
Description TotalQty Rate
WebChameleon WebRescue Software Annual Support & Maintenance - Up to 50 Users
1,000.00T1 1,000.00
Period covered - July 1, 2024- June 30, 2025
Chameleon/CMS Software Annual Support & Maintenance
* Licensed for a 1 single Server & 17 Workstations
17,280.00T18 960.00
Query Only Workstations 320.00T2 160.00
Required annual WebLicensing/WebDonation service fee. 3,840.001 3,840.00 Estimated WebLicensing Transactions 2,100.006,000 0.35
Annual Service Fee for VetImport 1,920.001 1,920.00
Estimated Vetimport/ImageEntry Transactions 3,950.005,000 0.79 WebChameleon Software Annual Support & Maintenance - Server 2,880.00T1 2,880.00 WebChameleon Software Annual Support & Maintenance - Concurrent User 5,760.00T6 960.00 WebChameleon WebRescue Software Annual Support & Maintenance - Up to 50 Users
1,000.00T1 1,000.00

Page 2 ends

$127,563.00
$120,150.00
$7,413.00

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1 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Department: City Manager's Office
Subject: 2023 National League of Cities Congressional City Conference Travel Approval (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve travel to the 2023 National League of Cities Congressional City Conference for the Mayor and City Council.

Background
On July 20, 2022, the Mayor and City Council preapproved travel for FY 2022/23 for the following conferences:
•Women in Municipal Government (WIMG) Conference, Sacramento, CA, August 2022
•League of California Cities Annual Conference and Expo, Long Beach, CA, September 2022
•National League of Cities City Summit, Kansas City, MO, November 2022 •Southern CA Association of Governments (SCAG) Regional Conference and General Assembly, April-May 2023
•U.S. Conference of Mayors Winter Meeting, Washington, DC, January 2023 •U.S. Conference of Mayors Annual Meeting, Columbus, OH, June 2023 •SBCTA City County Conference TBD 2023
From March 26 to March 28, 2023, the National League of Cities (NLC) will be holding the Congressional City Conference (CCC) in Washington, D.C. The NLC CCC features policy discussions and general session addresses from local government

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1 experts, members of Congress, and White House Administration officials. This conference provides opportunities for municipal leaders to meet directly with federal officials where they can discuss local issues, top city priorities, and federal funding opportunities.

Discussion
The Travel Authority and Expense Policy adopted by the Mayor and City Council requires pre-approval by the Mayor and City Council for any travel by an elected official.

To ensure that the Mayor and City Council can complete travel that is beneficial to the City for FY 2022/23, staff recommends pre-approving travel to the NLC CCC for the Mayor and City Council Members. The Mayor and City Council have already pre- approved travel for seven conferences for FY 2022/23.

The 2023 NLC CCC will serve as a valuable experience for City officials, where they can interact with federal policymakers and learn more about federal funding opportunities. At the previous NLC CCC, President Biden gave a keynote speech discussing the important role local governments play in implementing the American Rescue Plan Act, and Secretary Buttigieg held a discussion about the local funding possibilities included in the Bipartisan Infrastructure Law (BIL). The City of San Bernardino was awarded $77 million in ARPA funds and is actively researching and applying for grants that are funded through the BIL and Inflation Reduction Act, demonstrating the importance these federal funding opportunities play in enhancing City services and operations. By attending the 2023 NLC CCC and interacting directly with federal policymakers, City officials will gain valuable insight into the latest funding opportunities and learn about emerging practices that strengthen local economic growth.
2021-2025 Strategic Targets and Goals
This item aligns with Key Target No. 1d: Improved Operational and Financial Capacity – Create a framework for spending decisions, and Key Target No. 2c: Focused, Alighted Leadership and Unified Community – Re-establish City as the Regional Leader/County Seat.

Fiscal Impact
Staff is assessing participation and engagement at conferences beneficial to the City.

If needed before current budgets are expended, staff will request an appropriation as part of the quarterly budget updates to the City Council.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve travel to the 2023 National League of Cities Congressional City Conference for the Mayor and City Council.

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1 Attachments
Attachment 1 Travel Authority and Expense Policy
Ward
All Wards
Synopsis of Previous Council Actions:

July 20, 2022 Mayor and City Council ratified travel detail and pre-approved specified travel for the Mayor and City Council for Fiscal Year 2022/23.

August 18, 2021 Mayor and City Council adopted Resolution No. 2021-212 approving the revised Travel Authority and Expense Policy retroactive to July 21, 2021.

July 22, 2021 Mayor and City Council adopted Resolution No. 2021-164 approving the Travel Authority and Expense Policy, and
repealing Resolution Nos. 9151 and 89-100.

February 3, 2021 Mayor and City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and appointed officials are operating under a clear set of guidelines that govern the City.

April 17, 1989 Mayor and City Council adopted Resolution No. 89-100 amending Resolution No. 9151 and providing for
reimbursement for meals at the rate of forty-five dollars ($45.00) per day and repealing Resolution No. 84-226.

June 18, 1984 Mayor and City Council adopted Resolution No. 84-226 amending Resolution 9151 and providing for reimbursement for meals at the rate of thirty-five dollars ($35.00) per day.

April 29, 1968 Mayor and City Council adopted Resolution No. 9151 establishing a policy for the attendance of City Employees and Elected Officials at conferences or meetings and set forth authorized expenses and allowances for expenses incurred on official business of the City.

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City of San Bernardino
Administrative Policy Manual
Subject: Travel Authority and Expense Policy
Purpose: To set forth the policies governing reimbursement for travel expenses and to establish certain procedures concerning travel authorization, documentation, and accounting for all Departments, Employees and Elected Officials of the City of San Bernardino. The City has two objectives when paying travel-related expenses: 1) to provide employees sufficient funds to execute business on behalf of the City and 2) to safeguard City funds by paying only reasonable and necessary expenses. This administrative policy outlines what constitutes a reasonable and necessary expense.

Authority: Resolution No. 2021-212
Scope: Unless otherwise stipulated herein, this policy applies to all City Employees and Elected Officials. All such employees and officials shall comply with the provisions outlined in this policy. For City Employees, the Department Director, or their designee, and for Elected Officials, the Director of Finance is ultimately responsible for ensuring that travel expenditures comply with this administrative policy and for the thorough review and approval of all documents necessary for the disbursement of City funds related to travel.

The purpose of the required documentation is to ensure transparency and provide sufficient evidence to anyone who reviews travel transactions that public funds were expended in compliance with this administrative policy.

Exemption from Scope
None.

Policy:

The City of San Bernardino encourages attendance at conferences, seminars, meetings and workshops to enhance an employee’s understanding of his/her duties and responsibilities. The City will reimburse travel expenditures according to the procedures outlined in this policy.

Travel is deemed to be official when such travel of City Employees and Elected Officials are away from the City for the purpose of conducting business of the City, attending professional meetings, seminars, conferences, training, workshops and other related meetings. This policy is applicable to all travel, regardless of the source of funds used for reimbursement.

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3 Only authorized expenses as set forth in this policy will be paid by the City or reimbursed.

Unauthorized expenses incurred on a City P-Card must be reimbursed to the City by the City Employee of Elected Official within ten (10) business days of reconciliation of travel documentation.

Definitions
(a) Elected Official - any elected person representing the City in an official capacity that is not considered an employee. City Council, at their discretion, may approve travel for appointed Commissioners. For purposes of compliance with this policy, Commissioner travel will be treated the same as that of Elected Officials. (b) Local Travel - travel within a radius of seventy-five (75) miles from the employee’s regular work site, one way, for a one-day session or multiple day sessions. (c) Mileage Allowance – reimbursement paid to a City Employee for the use of his/her personal vehicle during travel or official City business. The reimbursement rate will be the current rate established by the Internal Revenue Service (IRS). (d) Out-of-Town Travel – any travel over seventy-five (75) miles from employee’s regular work site, including out of state that requires subsistence or actual living expenses. Travel out of the country must be approved by the City Manager’s Office.
(e) Travel – any trip taken by a City Employee or Elected Official in the course of performing his/her duties, including trips to conferences, seminars, meetings, workshops and training.
(f) GSA Per Diem Rate – herein used to refer to the allowance for meals and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem .

Authorized Expenses
These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of travel or performance of official duties.

Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. Any questions regarding the propriety of a particular type of expense should be resolved with the Finance Department or, in the case of Elected Officials, with the City Council, before the expense is incurred.

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3 Elected Officials please note: Expenses that do not fall within the scope of this policy, and for which payment or reimbursement will be requested, must be approved by the City Council in a public meeting before the expense is incurred. (a) Actual and Necessary Expenses . The City will directly pay or City Employees and/or Elected Officials will be reimbursed for the actual and necessary expenses incurred in the performance of the official duties for their position, provided that, except as otherwise articulated in this Policy, reimbursement shall always be at the lesser of the actual cost or the current GSA Per Diem Rates, unless otherwise approved by the City Council in advance. Expenses that the City will pay include transportation, lodging, registration fees, meals, and any other incidental and related expenses if they are for official business and are authorized by this policy. (b) Authorized Events and Activities. Expenses incurred in connection with the following types of events or activities will generally be authorized for payment or reimbursement:
a. Attending educational seminars, conferences, or activities designed to improve skills and information levels.
b. Participating in regional, state, national and international organizations whose activities affect the City’s interests. c. Activities that involve either: (a) City Employees or Elected Officials attending as a representative of the City of San Bernardino at events; or (b) City Employees as part of their City job duties or responsibilities, or organizing or assisting with the management or operation of events.
d. Meetings with consultants, professionals, constituents, applicants or other private or governmental entities or agencies, which are necessary for the performance of their position.
(c) Unauthorized Events and Activities. Expenses incurred for personal matters will not be paid or reimbursed. If time is taken away from official business for personal matters, or if the return is delayed after completion of the event to attend to personal matters, any expenses incurred for such personal matters will not be paid or reimbursed. If a City Employee desires to combine business and personal travel in this manner, the written approval of the City Employee’s Department Director, or the City Manager if the City Employee

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3 is a Department Director, or the City Council if the employee is an Elected Official, is required prior to making travel arrangements. For City Employees, if the extended period required for personal matters occurs during regular scheduled work hours, the time must be counted as annual leave or leave without pay.

The following is a non-exhaustive list of prohibited purchases which includes commonly purchased goods or services considered personal in nature, and not an essential part of the City's business and therefore will not be a cost borne by the City of San Bernardino:
a. Personal portion of the trip, including expenses incurred for family member(s), friends and/or pets who accompany the City Employee or Elected Official on City business.
b. Political contributions or events.
c. Charitable contributions.
d. Attendance at charitable events not sponsored, co-sponsored or organized by the City.
e. Entertainment expenses not directly required as part of attending a meeting/conference, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf-related expenses), or other cultural events.
f. Personal automobile expenses, including traffic citations, other than mileage and toll charges that are otherwise payable or reimbursable under this policy.
g. Personal losses incurred while on City business.
h. Alcoholic beverages.
i. Expenses for trips involving an overnight stay or airfare by Elected Officials or City Employees, unless approved in advance as required by this policy. j. Mileage or other expenses incurred when representing the City on a regional board, commission or other agency when such board, commission or agency allows for the payment or reimbursement by them of such mileage or other expenses.
k. Mileage reimbursement for those receiving a monthly vehicle allowance.

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3 l. Vehicle rental expenses when the mode of transportation to the event or destination was not air travel.
m. The use of private aircraft for the conduct of City business is expressly prohibited.

Prior to Trip – Advance Approval
(a) Advance Approval for City Employees. When requesting to travel either overnight or via airplane, City Employees must request advance approval from the person charged with approving the expenditure in compliance with this Policy. Such request shall be submitted using the Travel Authority & Expense Request form.

Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the employee will be held responsible for all expenses incurred and will be required to reimburse the City. (b) Advance Approval for Elected Officials . When requesting to travel either overnight or via airplane, Elected Officials must request advance approval from the City Council during a regular City Council meeting using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the Elected Official will be held responsible for all expenses incurred and will be required to reimburse the City. (c) Travel Request Forms . The Travel Authority & Expense Request form can be found on the Employee Intranet page.

Transportation
The method of transportation used by individuals will be the most practical and economical, with due consideration given to the time involved, extra meals, lodging costs and the mission to be accomplished.

The objective of this administrative policy is to ensure the lowest reasonable cost for travel. It is not intended to create hardships for City Employees or Elected Officials. Each Department may consider employees’ convenience in providing flexibility to those who travel by vehicle.

If several employees are authorized to attend the same conference/meeting, the Department shall coordinate travel arrangements to minimize transportation costs to the City.

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3 Air Travel
(a) Commercial Airlines: The City of San Bernardino will pay for coach roundtrip airfare. Employees are expected to take advantage of discounts whenever possible; however, employees are not required to fly at unusual times in order to qualify for discounts. Employees may retain frequent flyer miles and similar travel awards; however, employees shall not pay a higher price for the fare in order to obtain frequent flyer miles.
a. Baggage Fees: The City of San Bernardino will pay for the cost of one checked bag per employee traveling. Additional baggage fees will be covered only with written permission of the employee’s Director. b. Upgrades: Other upgrades such as seat selections, travel insurance, and internet on planes may be approved at the discretion of the Director. (b) First-Class Airfare: The City will only pay coach class fares, however, employees may choose to upgrade their seats provided that they pay the difference between the coach fare and the fare for the upgrade.

Vehicle Use
(a) City Vehicles: Motor pool vehicles or those vehicles assigned to departments should be used when available. When using City Vehicles, employees should use their City Purchasing Card (P-Card) to purchase gasoline and/or emergency repairs whenever practical. Employees without a City P-Card will be reimbursed for the cost of gasoline and/or emergency repairs (receipts are required). For additional information on P-Card usage, please see the City of San Bernardino Purchasing Card Policy.
(b) Rental Vehicles: When renting vehicles, the employee should purchase the blanket insurance coverage. The appropriate size of the rental vehicles should depend on such factors as the number of passengers and the amount of luggage or equipment being carried. If a car rental is approved, the employee may use a City P-Card or request reimbursement upon return. Receipts must be provided in order to obtain reimbursement.
(c) Car Services/Taxis/Public Transportation: The City of San Bernardino will reimburse employee’s reasonable car fare plus gratuity for required transportation.

No more than a 20% tip will be reimbursed. Receipts must be retained and attached to the Travel Authority & Expense Request form. (d) Personal Vehicles: Employees may use their personal vehicle for City travel.

Supporting documentation (i.e. Google maps directions) must be attached to the Travel Authority & Expense Request form. The City of San Bernardino will pay the Internal Revenue Service mileage rate in effect at the time of travel. For all mileage

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3 reimbursement, the employee’s office is to be used as the starting point per IRS rules. When an employee is using his/her personal car on a trip and the destination is more than 300 miles from the employee’s office (one-way), the City will not reimburse the employee for expenses such as lodging, meals and incidental, while in transit, which exceed the cost of a 21-day advance round-trip coach airfare. Any travel time that is greater than the time required to travel by scheduled airlines will be considered vacation time. Normal travel time will not exceed one day. The City shall reimburse the employee for the actual mileage involved in the travel.

Reimbursed mileage rate is the Standard Federal Mileage Rate set by the Internal Revenue Service for the current year. Personal car mileage reimbursements are made based on the actual mileage. No cash advance for mileage is allowed. a. Personal car travel reimbursement is limited to the lesser of either the cost of making the trip by 21-day advance coach airfare or mileage reimbursement.
b. The City will pay for additional work-related mileage at the destination. A mileage log or other documentation (i.e. Google map) must be attached to the Travel Authority & Expense Request form.
c. When travel is by airfare, the City will pay for airport parking expenses. For airport parking, supporting documentation must be attached to the Travel Authority & Expense Request form and can be obtained from the airport’s website. Mileage reimbursement to the airport will be calculated from the employee’s office per IRS rules.
d. If an employee is driving a personal vehicle outside of the City and has car failure, the City will pay the expense of towing the vehicle to the nearest garage, over and above the employee’s personal towing insurance coverage. The employee must pay for all repairs. The towing and insurance documentation, reflecting the amount covered, must be attached to the Travel Authority & Expense Request form.
e. Mileage will not be reimbursed to employees using City vehicles or who receive auto allowances.
f. To drive a privately owned vehicle on City business, the employee must:
i. Possess a valid California driver’s license.
ii. Carry liability insurance, as required by the State of California. iii. Acknowledge that any damage to the employee’s personal vehicle and/or service or repair occurring on the trip will be the employee’s responsibility, as these costs are included in the City’s per mile cost reimbursement.

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3 Employees are required to notify Human Resources, Risk Management Division at (909) 384-5308 and the employee’s supervisor as soon as possible (within 24 hours) of any event, incident or accident related to rental cars or City vehicles. The employee must complete the “Vehicle Accident Report” form.

Compensation for Travel Time
When travel time exceeds the normal workweek, the City's rules for overtime apply to those City Employees eligible for overtime pursuant to applicable state and federal laws or as outlined in the various Memorandums of Understanding. In determining overtime compensation, normal commute time between the employee’s residence and the employee’s work location should be deducted from the total travel time. Additionally, normal unpaid meal periods are not considered work time while traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the travel occurs during normal workdays or on weekends or evenings. Elected Officials are not compensated for travel time.

It is the responsibility of Department Heads, Division Managers and first line supervisors to schedule travel in a manner that the use of overtime by employees is either not required or is minimized as much as possible.

Lodging
Actual lodging expenses will be allowed for City Employees and Elected Officials attending conferences, seminars, meetings, or workshops that are more than 75 miles from their normal work site. Lodging at destinations that are less than 75 miles from the normal work site will not be paid for or reimbursed by the City unless it is a multi-day conference. All lodging must be approved in advance.

The City encourages travelers to stay at conference/venue hotels whenever available. If these hotels are not available, nearby hotels within easy walking distance or those with shuttle service to the venue should be considered next. The accommodations used should be economical but practical. In general, the employee should select the most reasonably priced accommodations available consistent with the purpose and goals of the travel and within a reasonable distance of the event.

The City will pay no more than the cost of a single occupancy room. If an employee shares a room with someone who is not an employee of the City or who is not traveling on City business and the room cost is higher than the single room rate, the employee is responsible for paying the difference in cost. Meals ordered through room service will be subject to the GSA Per Diem Rate.
(a) Hotel Rooms

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3 a. For events starting before noon, lodging will be provided the night prior through the last day of the event.
b. Lodging costs may be paid to the hotel directly by the employee, by using a City P-Card or travel advanced to the employee prior to departure if a City P-Card is not used.
(b) Lodging expenses shall be reimbursed on an actual cost basis. If a room at a conference/venue hotel is not available, the City Employee or Elected Official should attach documentation showing room rates from three hotels in the vicinity for the same dates, if available, to demonstrate the reasonableness of the lodging cost for the locale. Printouts from hotel reservation websites are acceptable for this purpose.
(c) When making lodging reservations in a conference/venue hotel, be sure to ask for the “group rate” for the conference or event. Most companies who host seminars/conferences will offer group rates to attendees. On average, group rates are 15-40% lower than standard rates. If there is no group rate offered, inquire if there is a “government rate” available. Some cities exempt travelers on government business from the local Transient Occupancy Tax (TOT). This can be as high as 12-15% savings on lodging costs depending on the local TOT rate. (d) Telephone: Employees should avoid using hotel provided phones whenever possible. It is recommended that employees who do not have access to a cell phone purchase a pre-paid calling card. Employees who possess City of San Bernardino cell phones should use that phone.
(e) Internet: Internet connection fees will be reimbursed at the discretion of the Department Director.
(f) Incidental Expenses: Incidental expenses covered as part of the GSA Per Diem Rate for meals and incidental expenses include: fees and tips given to porters, baggage carriers, bellhops, and restaurant servers.
(g) Itemized receipts for lodging expenditures must be attached to the Travel Authority & Expense Request form when submitted for processing.

Meals and Incidentals
Meal expenses incurred by City Employees or Elected Officials while traveling shall be reimbursed according to the GSA Per Diem Rate for the destination, available at www.gsa.gov/perdiem. If neither the city nor county is specifically listed, the rate for meals and incidental expenses will be the standard GSA Per Diem destination rate.

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3 The City will pay for meals at scheduled seminars, training sessions, and other meetings but will not reimburse for meals included in the conference fee. If meals are included in the conference fee, the Per Diem allowance will be reduced by the amount of the included meal using the GSA Per Diem breakdown, example below. (M&IE Breakdown, 2021) M&IE Total
Continental
Breakfast/
Breakfast Lunch Dinner Incidentals
First and
Last day of
Travel
(75%)
$55 $13 $14 $23 $5 $41.25
$56 $13 $15 $23 $5 $42.00
$61 $14 $16 $26 $5 $45.75
$66 $16 $17 $28 $5 $49.50
$71 $17 $18 $31 $5 $53.25
$76 $18 $19 $34 $5 $57.00
Note: This M&IE breakdown is an example. Please refer to the current GSA rates and breakdown at www.gsa.gov/perdiem.

A conference itinerary/schedule must be included as supporting documentation. The City will not pay for social or recreational conference functions that are separate ticketed events not included in the base conference registration fee without prior approval of the Director (to be noted on Travel Authority & Expense Request form). Meal related tips are included in the per diem rate total.
(a) Meals Paid with a Purchasing Card
a. Employees using their P-Card for travel-related meals must retain itemized receipts and submit them as usual as part of the P-Card process. Use of a P-Card for meals should be indicated on the Travel Authority & Expense Request form with copies of the receipts attached.
b. P-Card payment for meals should not exceed the per diem rate established by the GSA. Any cost in excess of the GSA established per diem rate must be reimbursed by the employee within ten (10) business days of reconciliation of travel documents.
c. If the per diem breakdown for a meal is higher than a P-Card payment for that meal, the P-Card User is not entitled to receive the difference as a reimbursement.
d. If a meal is purchased with a P-Card and the receipt is lost, or the P-Card User does not retain the itemized receipt, the User must attach a memo to the Travel Authority & Expense Request form explaining the lost receipt. e. While Authorized P-Card Users may use their P-Card to purchase meals during travel, it is recommended that travelers either request a travel advance or pay out of pocket and request reimbursement for meals.

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3 i. Using P-Cards to pay for meals requires the retention of itemized meal receipts while traveling.
ii. There is a greater administrative burden in reconciling both the Travel Authority & Expense Request form and P-Card transactions to ensure that expenses are recorded accurately.
(b) Meals Reimbursed or Paid with a Travel Advance
a. Employees paying for meals out of pocket or with a travel advance DO NOT need to retain receipts. Meals will be reimbursed, or a travel advance provided at the GSA Per Diem Rate.

If requesting a meal payment or reimbursement for a guest, the City Employee or Elected Official must include the name and business relationship of the guest to substantiate the expense. Only actual and necessary expenses incurred in the performance of official duties will be paid or reimbursed. Meal expenses of family members or those with a personal relationship with the Elected Official or City Employee will not be paid or reimbursed, unless a separate and defined business relationship is established and only if such payment or reimbursement is not prohibited by any other applicable laws, rules, or regulations.

One-day Travel
Meal payment or reimbursement does not include meals eaten prior to or after a trip. If travel on City business does not require a full 24-hour day, only meals that are required as part of the trip, as determined by the City Council, Department Head, or City Manager will be paid or reimbursed. As a general guideline, if a City Employee is being paid to work on the day that the expense is incurred, payment or reimbursement will not be provided for expenses incurred for meals that would typically be eaten before the Elected Official or City Employee normally leaves his or her home for work or expenses incurred for meals that would typically be eaten after the Elected Official or City Employee normally arrives home from work. Travel-related meals will be reimbursed if an overnight stay is required or if multiple trips are required during two or more consecutive days.

If a Department Director authorizes meal reimbursement for an employee for a daytrip related to training or other City business and the day-trip is for more than 12 hours and less than 24 hours, the employee will receive reimbursement at 75% the GSA Per Diem Rate (travel day rate). If a Department Director authorizes a meal reimbursement for a day-trip that is less than 12 hours, the employee will receive reimbursement for specific meals during the trip only. Because IRS regulations identify daytrip meals as taxable to the employee, any meal reimbursement for a daytrip will be reported on the employee’s W-2 form and subject to employment taxes in accordance with these regulations. That is, if travel does not require an overnight stay, meal expenses may be reimbursed with

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3 Department Director approval but must also be added to the employee’s wages for tax purposes. (IRS Pub. 5137)
Extended Travel
Employees attending training or conferences for an extended time period, more than seven consecutive days, may elect to purchase groceries and prepare their meals during their training/conference.
(a) Groceries reimbursed or paid with a travel advance. a. Employees paying for groceries out of pocket or with a travel advance DO NOT need to retain receipts. The GSA Per Diem will be calculated in the aggregate for the extended travel time to determine the amount of the advance or reimbursement.
b. No individual meals will be reimbursed or included in the travel advance. c. Any meals provided during the training/conference will be deducted from the reimbursement/advance amount at the M&IE breakdown amount. (b) Groceries paid for with a P-Card.
a. While P-Card users may use their P-Card to pay for groceries while traveling, it is recommended that travelers either request a travel advance or pay out of pocket and request reimbursement for groceries. b. If a P-Card is used to purchase the groceries, the employee must retain and submit grocery receipts and submit them as usual as part of the P- Card process. Use of a P-Card for groceries must be indicated on the Travel Authority & Expense Request form with copies of the receipts attached.
c. Meals purchased in addition to groceries. If meals are also purchased on a P-Card during extended travel, the employee must retain and submit itemized receipts and submit them as usual as part of the P-Card process and use of a P-Card for groceries and meals must be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. The total cost of groceries and meals purchased may not exceed the aggregate Per Diem.
d. Any meals provided as part of the conference/training fee will be deducted from the aggregate Per Diem at the M&IE breakdown amount. e. P-Card charges for groceries and meals exceeding the Per Diem rate in the aggregate must be repaid to the City within ten (10) business days of reconciliation of travel documents.
f. If the total paid for groceries on a P-Card is less than the aggregate Per Diem, the P-Card User is not entitled to receive the difference as a reimbursement.

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3 g. An employee electing to purchase and prepare food during an extended stay may purchase food to be consumed during the travel period only. h. No reimbursement will be made for incidentals including kitchen utensils, cookware, kitchen supplies and sundries, except for basic paper goods such as napkins and paper towels or their reusable equivalent. It is incumbent upon the traveler to verify that the hotel has an adequately stocked kitchenette when making reservations.
(c) The City will not pay for laundry services or dry cleaning.

Payments to Vendors, Cash in Advance and Employee Reimbursement The City will pay all legitimate travel expenses for City Employees and Elected Officials traveling on authorized City business. These include transportation, lodging, registration fees, meals, and other related expenses if they are for official business and fit within the guidelines established in this policy.
(a) There are four ways to pay for travel expenses:
a. Direct Vendor Payments - Are made by the City to an organization to pay for specific costs related to a trip. These are usually registration fees, lodging, or airfare and can be paid through accounts payable or through the use of a City P-Card.
b. Cash Advance - Advance payments to the City Employee or Elected Official may be requested for estimated expenses for travel. Requests for advance payments, with an itemized list of estimated expenses, shall be submitted on the Travel Authority &Expense Request form to the Finance Department at least seven (10) business days prior to the event and must be approved by the Department Head, Director of Finance and City Manager or the City Council for advance payment requests from Elected Officials. Funds will be released no more than seven (7) days prior to the event departure date. Travel advances will not be issued to employees to whom City P-Cards have been issued. In addition, travel advances will not be issued for mileage or items that were paid prior to attending the event (i.e., registration fees).
c. Per Diem - For City Employees or Elected Officials electing Per Diem payment for meal expenses, the City shall reimburse at the fixed GSA Per Diem Rates on a meal-by-meal basis based upon the locality of travel.

Receipts shall not be required for Per Diem reimbursement, provided that records pertaining to the time, place and official business purposes of the event or activity are submitted. City Employees or Elected Officials electing Per Diem reimbursement shall not incur meal expenses on City issued credit cards (P-Cards) or seek actual cost reimbursement for meal

Packet Pg. 630

Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual
2 6
3 expenses covered by Per Diem reimbursement. Payment of the fixed GSA Per Diem Rates shall be made after the event or activity has occurred and shall not be paid to City Employees or Elected Officials in advance. d. Reimbursement - occurs when the employee or Elected Official elects to pay for all travel related expenses first, and is reimbursed upon completion of the travel.
(b) Upon return from the event, all expenses incurred will need to be accounted for by completing the bottom portion of the Travel Authority & Expense Request and return the unused portion of the cash advance within seven (7) business days. (c) If a trip was cancelled, all advance travel payments shall be returned to the City within five (5) business days after the employee receives a notice of cancellation. (d) The employee will be reimbursed the difference if the actual, authorized expenses incurred exceed the amount advanced consistent with the guidelines set forth in this policy.

Procedure:

The following are step-by-step instructions for obtaining approval for travel requests.

Action/Responsibility: Department Travel Coordinator
(a) In as far in advance as possible but at least thirty (30) days prior to the date of departure, prepare Part 1 of the Travel Request & Expense Request form to include the following:
a. Details of travel: attach registration form or flyer describing the event showing location, dates, times, costs, etc.
b. For lodging requests, attach supporting documentation related to the group rate or government rate when offered or comparison room rates for the locale.
c. Obtain approval from the City Employee’s Department Head, Director of Finance, and the City Manager, or from City Council for Elected Officials. (b) After approval, the responsible Travel Coordinator should make the arrangements for the trip payable to the traveler or service provider for:
a. Transportation
b. Lodging
c. Registration / Tuition fee
d. Meals
e. Other expenses covered by this Policy

Packet Pg. 631

Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual
2 6
3 Action/Responsibility: Department Head
(a) Assign a designated employee to function as the Department Travel Coordinator to maintain travel request documents and to coordinate advance payment and/or reimbursement of employees’ travel expenditures with Accounts Payable. (b) Receive travel documents from Department Travel Coordinator and review forms for completeness and accuracy.
(c) Approve or deny local travel requests.

Action/Responsibility: Finance Department
(a) Review all travel forms/documents for completeness and compliance with this policy and inform Department of non-compliance issues.
(b) Process City Employees’ or Elected Officials’ travel expenditures in accordance with this policy.

Reconciliation and Verification of Expenses
The following are step-by-step instructions for reconciliation and verification of travel expenses.

Action/Responsibility: Employee or Elected Official
Within seven (7) working days of return date to work:
(a) If less money than the travel advance was spent, submit the unspent funds made payable to the City of San Bernardino and provided to the Department Travel Coordinator with the original receipts.
(b) If more money than the travel advance was spent, submit the receipt for the expense along with an explanation to the Department Travel Coordinator.

Subject to the guidelines set forth in this policy, the difference may be reimbursed upon approval.

Action/Responsibility: Department’s Travel Coordinator
(a) Attach all receipts required in this policy to the Travel Authority & Expense Request form. Complete Part 2 of the form and submit to the employees’ Department Head and Director of Finance for review and approval, or for Elected Officials, submit to Director of Finance.

Packet Pg. 632

Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual
2 6
3 CITY OF SAN BERNARDINO

TRAVEL AUTHORITY & EXPENSE REQUEST
Part 1. Travel
AuthorityName & Title of Requestor Department Date of Request Destination City Dates Purpose of Travel
Destination Hotel: Post Approved
Yes (Plan ) / No
Hotel Government Rate: $
N/A: Reason:

Hotel Group Rate: $
N/A: Reason:

Hotel Per Diem Rate: $
Please attach the government rate, group rate, and/or the Per Diem Rate as applicable to this form.

Comments:

Signature of Requestor: Estimate Cost of Trip: $
Date: Advance Money Requested: $
Office Phone: Account number:

Indicate if travel was included in the Department Budget Yes No APPROVED (Department Head Signature):

FUNDS AVAILABLE (Director of Finance Signature):

APPROVED (City Manager/City Council Signature):

Part 2. Expense
ReportEXPENSE CATEGORIES: Paid by City Paid by Traveler Transportation: Air City Car
Private Car (Mileage )
Other
$ $
Garage and/or Parking $ $
Lodging $ $
Registration Fees $ $
Meals $ $
Other $ $
Other $ $
TOTAL EXPENSE $ $
Amount Paid by Traveler $
Cash Advance – Check No: $ I hereby certify that this is a true andBalance Due to Traveler/City $ correct statement of expenditures.

Receipt or Check No:

Traveler Signature
APPROVED (Department Head Signature)
APPROVED (Director of Finance Signature)

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5 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Department: City Manager's Office
Subject: Technical Corrections to Previously Adopted Items: 1) Resolution No. 2022-203 authorizing the City Manager to receive and administer California Board of State &
community corrections grant award of $3.8 million,
authorizing the City Manager to execute a fourth
amendment to an agreement with HOPE Culture, and
authorizing the Agency Director of Administrative Services to amend the FY 2022/2023 adopted budget revenue and
expenditures by $3,800,000.00 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California reaffirm their previous action of:

Adopting Resolution No. 2022-203 authorizing the City Manager to receive and administer California Board of State & community corrections grant award of $3.8 million, authorizing the City Manager to execute a fourth amendment to an agreement with HOPE Culture, and authorizing the Agency Director of Administrative Services to amend the FY 2022/2023 adopted budget revenue and expenditures by $3,800,000.00.

Background
Items that are not properly listed on the public agenda should be revisited at a future Council meeting to ensure full transparency and legal compliance. As the City has transitioned to a new agenda management system, there have been inevitable growing pains associated with working in a new system - including both technical and operational issues, which staff is diligently working to address. Unfortunately, as a result of these issues, an item was listed incorrectly on the agenda for each of the past three meetings. Although the staff reports and attachments were correct, it is important for the agenda proper to accurately reflect the actions being taken. These items should be reaffirmed by the Mayor and City Council in open session for transparency and to

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8 2
5 ensure that the City complies with all legal requirements.

Discussion
The following item was not properly listed on the publicly posted agenda for the September 21, 2022, Mayor and City Council meeting:

1. Resolution 2022-203 Adopting Resolution No. 2022-203 authorizing the City Manager to receive and administer California Board of State & community corrections grant award of $3.8 million, authorizing the City Manager to execute a fourth amendment to an agreement with HOPE Culture, and authorizing the Agency Director of Administrative Services to amend the FY 2022/2023 adopted budget revenue and expenditures by $3,800,000.00.

Council adopted the resolution; however, because the budget amendment listed on the resolution did not match the amount listed on the publicly posted agenda, the item is required to be brought back to Council as a technical correction. The staff report and attachments that were included with publicly posted agenda correctly described the action proposed by staff.
2021-2025 Strategic Targets and Goals
This technical corrections align with Key Target No. 1c: Improved Operational and Financial Capacity - implement, maintain and update a fiscal accountability plan, by upholding financial transparency and accountability.

Fiscal Impact
Technical corrections have no fiscal impact.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California reaffirm their previous action of:

Attachments
Attachment Resolution 2022-203
Ward:

All Wards

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5 Synopsis of Previous Council Actions:

February 21, 2018 The Mayor and City Council adopted Resolution No. 2018-39, authorizing the City Manager to receive and administer Board of State & Community Correction grant funds.

December 5, 2018 The Mayor and City Council approved community intervention professional service agreements.

January 15, 2020 The Mayor and City Council adopted Resolution No. 2020-03 authorizing the City Manager to prepare and submit funding proposal.

June 2, 2020 The Mayor and City Council approved first amendments to community intervention program contractors.

October 21, 2020 The Mayor and City Council adopted Resolution No. 2020-251 authorizing the City Manager to receive and administer Board of State & Community Correction grant funds. The Mayor and City Council also adopted resolution no. 2020-252 approving second budget amendments to community intervention
professional service agreements.

October 6, 2021 The Mayor and City Council voted and approved motion to allocate One Million Dollars of American Rescue Plan Act funds and release a request for proposals to secure three additional vendors.

June 1, 2022 The Mayor and City Council voted and approved American Rescue Plan Act professional services agreement contracts.

September 21, 2022 The Mayor and City Council adopted resolution 2022-203 authorizing the City Manager to receive and
administer California Board of State & community corrections grant award of $3.8 million, authorizing the City Manager to execute a fourth amendment to an agreement with HOPE
Culture, and authorizing the Agency Director of Administrative Services to amend the FY 2022/2023 adopted budget
revenue and expenditures by $3,800,000.00

Packet Pg. 636

RESOLUTION NO. 2022-203

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO RECEIVE AND

ADMINISTER CALIFORNIA BOARD OF STATE AND
COMMUNITY CORRECTIONS GRANT AWARD OF $3.8
MILLION; AUTHORIZING THE CITY MANAGER TO

EXECUTE A FOURTH AMENDMENT TO AN

AGREEMENT WITH VICTORY OUTREACH SAN
BERNARDINO; AND AUTHORIZING THE AGENCY

DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND
THE FY 2022/2023 ADOPTED BUDGET REVENUE AND
EXPENDITURES BY $3,800,000
WHEREAS, the California Board of State and Community Corrections (BSCC) prepared and released the California Violence Intervention & Prevention Grant Program (CalVIP-4) request for proposals; and
WHEREAS, the Mayor and City Council of the City of San Bernardino authorized the City Manager’s office to prepare and submit a CalVIP-4 proposal in the amount of $3.8 million; and,
WHEREAS, the City of San Bernardino received notification it was awarded a multi-year $3.8 million grant award; and,
WHEREAS, the CalVIP-4 grant funds will be used for community-based organizations to implement data-driven, evidence-based violence reduction strategies and focus on the highest risk individuals.

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

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

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby accepts the CalVIP-4 grant award in the amount of $3.8 million.

SECTION 3. The Mayor and City Council hereby authorize the City Manager to execute a fourth amendment to the agreement with Victory Outreach San Bernardino and execute any documents necessary to accept the CalVIP-4 grant award and meet the grant requirements, including but not limited to, the California Standard Grant Agreement as well as any subsequent amendments to said agreement.

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Resolution No. 2022-203
9 5
4 SECTION 4. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the FY 2022/23 adopted budget in both revenues and expenditures by $3,800,000.

SECTION 5. The City of San Bernardino agrees to ensure all matching funds required for the above grant are met, abide by the terms and conditions of the Standard Grant Agreement as set forth by the BSCC.

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. 638

Resolution No. 2022-203
9 5
4 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- 203, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

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

Genoveva Rocha, CMC, City Clerk

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8 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community & Economic Development (CED)
Subject: Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements
Recommendation:

Adopt Resolution No. 2022-209 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino for cost recovery of public nuisance abatements.

Background
On October 5, 2015, the Mayor and City Council adopted Ordinance MC-1418, which repealed San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted Ordinance MC-1521, which made further revisions to Chapter 8.30. These changes have streamlined the process of abating public nuisances on properties and imposing liens to enable the City to recover costs for abating public nuisances.

Discussion
San Bernardino Municipal Code Section 8.30.050 requires a Resolution be adopted in order to assess unpaid costs of abatement as liens upon the respective parcels of land as they are shown upon the last available assessment roll.

The current Abatement Assessments List is attached hereto as Attachment 2. The first section consists of properties with Administrative Hearing Orders. There are no outstanding fees for Code Enforcement Hearing Orders for this time period.

Packet Pg. 640

7 8
8 The ‘Other Abatement Assessments’ are for public nuisance abatements performed by the Code Division which includes properties that were either secured and/or cleaned via administrative inspection warrants or were Unsafe for Occupancy by the Code Enforcement Division. Also, included in this section are emergency board-ups requested by the Police and Fire Departments. Emergency board-ups are requested after a break-in has occurred or after fire suppression activities, when no responsible parties could be reached.

All affected property owners identified on the ‘Other Abatement Assessments’ list have been notified through regular and certified mail of the respective abatement costs per SBMC 8.30.023. Further, affected property owners were also issued a Notice of Summary Abatement with the option to schedule a hearing per SBMC 8.30.045 and have also been advised of their right to appeal said costs within ten days, or to pay the costs within 45 days of notice per San Bernardino Municipal Code Section 8.30.030 and 8.30.040. To date, no hearings have been requested and the costs are currently outstanding. As such, staff recommends adopting the Resolution in order to assess the unpaid costs of the nuisance abatements.

The total of outstanding fees for ‘Abatement Assessments’ resulting from Administrative Hearing Officer Orders is $0. The total for ‘Other Abatement Assessments’, including emergency abatements, is $8,041.51. The grand total of all unpaid abatements is $8,041.51. If property owners come forward to pay their costs prior to the council meeting, their properties will be removed from Attachment 2. 2021-2025 Strategic Targets and Goals
The request to impose liens to recover costs for Code Enforcement abatements aligns with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. Imposing liens to resolve public nuisances would ensure the City receives revenue back into the Community & Economic Development Department and that the City continues to strive towards being clean and attractive.

Fiscal Impact
The anticipated amount to be collected is $8,041.51. This amount will be collected incrementally as individual properties are sold and/or liens are paid through the escrow process or entered as an assessment on the County tax roll.

Conclusion
Adopt Resolution No. 2022-209 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino for cost recovery of public nuisance abatements.

Attachments
Attachment 1 Resolution No. 2022-209, Imposing Liens to Recover Costs for Code Enforcement
Attachment 2 Resolution No. 2022-209, Exhibit A

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8 Ward:

All Wards
Synopsis of Previous Council Actions:

October 5, 2015 Mayor and City Council adopted Ordinance MC-1418, repealing San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30 of San Bernardino Municipal Code
regarding Public Nuisance Abatement.

April 18, 2018 Mayor and City Council adopted Resolution 2018-106, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance.

August 1, 2018 Mayor and City Council adopted Resolution No. 2018-222, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements.

September 18, 2019 Mayor and City Council adopted Ordinance MC-1521, Amending Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05,

15.20, and 15.28 of the San Bernardino Municipal Code, and adding Chapter 9.94 of the San Bernardino Municipal Code, related to various Code Enforcement Procedures, including the City’s administrative hearing procedures and appeals
procedures.

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Resolution No. 2022-209
Resolution 2022-209
October 5, 2022

Page 1 of 3 ends

1 0
9 5
6 7
3 RESOLUTION NO. 2022-209

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

IMPOSING LIENS ON CERTAIN REAL PROPERTY

LOCATED WITHIN THE CITY OF SAN BERNARDINO OF

THE COSTS OF PUBLIC NUISANCE ABATEMENTS
WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the properties described in the Abatement Assessments List, a copy of which is attached hereto and incorporated herein as Exhibit A, in this Resolution; and WHEREAS, notice of the abatement costs were given to the owners of record of said properties, and any timely requested hearing has heretofore been held to hear protests of the costs of said abatement before the Administrative Hearing Office, who determined the owner of record is responsible for the costs.

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. Said costs are found to have been incurred by the City pursuant to proceedings under the San Bernardino Municipal Code, and the final statement of costs on file with the City Clerk is hereby confirmed and adopted as special assessments against the properties lists in Exhibit A.

SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino Municipal Code 8.30.050 and shall be collected as a special assessment.

SECTION 4. The City Clerk is hereby directed to file a certified copy of this Resolution, including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of the County of San Bernardino, State of California, directing that each sum be entered as a lien charged against the property as it appears on the current assessment rolls, to be collected at the said time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the City of San Bernardino are collected.

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

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Resolution No. 2022-209
Resolution 2022-209
October 5, 2022

Page 2 of 3 ends

1 0
9 5
6 7
3 SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of October, 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2022-209
Resolution 2022-209
October 5, 2022

Page 3 of 3 ends

1 0
9 5
6 7
3 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- 209, adopted at a regular meeting held at the 5th day of October, 2022 by the following vote:

Packet Pg. 645

EXHIBIT "A"

ABATEMENT ASSESSMENTS
ADDRESS OWNER Hearing Order WARD COST
Total: $0.00

OTHER ABATEMENT ASSESSMENTS

ADDRESS OWNER DATE ABATED WARD COST
432 W. Highland Ave. SARWAR, SALEH/MEHERUN 08/25/21 7 $1,301.15 780 Inland Center Dr. MIN FAN INVESTMENT LLC 09/10/21 3 $489.25 1602 W. Highland Ave. BHATTI FAMILY TRUST 10/26/17 11/12/21 6 $336.00 777 E. Hospitality Ln. PADILLA, TONY & ARMIDA TR 4-19-02 10/30/21 3 $328.00 1184 W. 2nd St. Unit 207 LA PLACITA ON 2ND ST LLC 12/04/21 1 $549.95 660 E. Baseline AUTOZONE INC 11/09/21 2 $370.00
162 E. King St. GOODE, JOSEPH A/LAMAR, LILLIE M. 12/15/21 1 $1,514.87 1450 N. Waterman Ave. HAN, SHELLY 02/09/22 2 $167.70
3155 N. E St. NNNDG18 LLC 01/31/22 7 $2,669.99
505 W. 2nd St. WF SAN BERNARDINO LLC 05/03/22 1 $314.60 Total: $8,041.51
Grand Total: $8,041.51

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8 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department: Community, Housing, & Economic Development (CED) Subject: Settlement and Release Agreement with Montecito Equities, Ltd.

Recommendation:

Authorize the City Manager, or his designee, to execute the Settlement and Release Agreement with Montecito Equities, Ltd.

Background
In March of 2013, the City of San Bernardino approved the Spring Trails Specific Plan, which included a variety of underlying entitlements. The Specific Plan approvals included the adoption of Resolution No. 2013-34 that certified the Final Environmental Impact Report, the adoption of a Mitigation Monitoring and Reporting Plan, the adoption of a General Plan Amendment (including the pre-annexation of the Specific Plan Area), the approval of Tentative Tract Map No. 15576, and the approval of a Development Agreement.

In March of 2015, Montecito Equities, Ltd., (“Montecito”), which is the owner and developer of the Spring Trails Specific Plan Project, filed a Landowner Petition for annexation with the San Bernardino County Local Area Formation Commission (“LAFCO”). Since that time, Montecito has been working with LAFCO seeking approval of the annexation of the Spring Trails Plan Project area into the City of San Bernardino.

In October of 2019, LAFCO adopted Resolution No. 3091 approving the annexation of the Spring Trails Specific Plan Project area into the City of San Bernardino subject to the certain conditions of approval. During the processing of the annexation, there was a 26-acre area including 6 parcels that was removed from the annexation that created an unincorporated island surrounded by the City of San Bernardino. This area was removed because the registered voters occupying the six single-family residences located within the Spring Trails Specific Plan Project area had vocally opposed the Spring Trails Specific Plan Project, and it was unlikely that the annexation of the entire

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8 area, including the island, would be successful. As a result, the annexation continued without the unincorporated island area (Attachment 1, Location Map – Remaining Unincorporated Island).

With respect to the above-mentioned conditions of approval, LAFCO imposed Condition of Approval No. 4, which states the following: “The City of San Bernardino is required to initiate annexation of the totally surrounded island within one year of the Commission’s approval of LAFCO 3188A. A resolution by the City Council of the City of San Bernardino shall be submitted to the Executive Officer of LAFCO outlining the City’s commitment to fulfilling this requirement prior to the issuance of the Certificate of Completion for LAFCO 3188A. A status report shall be provided to the Commission at the six-month date outlining the progress of the City of San Bernardino in fulfilling its obligation. Failure on the part of the City of San Bernardino to fulfill its commitment to annex the totally surrounded island shall require that the next annexation proposed to the City of San Bernardino, either by the City through resolution or by property owner/registered voter petition to include a condition requiring the initiation of annexation of the totally surrounded island. Said condition of approval shall be deemed completed upon the issuance of the Certificate of Filing for said island.” The above Condition of Approval No. 4 imposed by LAFCO holds the Certificate of Completion for LAFCO Annexation No. 3188A (Spring Trails Specific Plan Project Area) on hold until (a) the City of San Bernardino Mayor and City Council adopt a resolution identifying its commitment to annex the 26-acre unincorporated island area at some time in the future, and (b) the City of San Bernardino submits a copy of the adopted resolution to the Executive Officer of LAFCO. In essence, Condition of Approval No. 4 places a hold on Montecito’s ability to proceed with the construction of their project until after the City Council adopts a resolution confirming its intent to annex the unincorporated island area into the City of San Bernardino at some time in the future.

In January and March of 2020, the Mayor and City Council considered the adoption of a Resolution of Intent to annex the unincorporated island area. However, the matter was continued by the Mayor and City Council indefinitely on both occasions.

Montecito has continued to request that the City honor its commitments under the Development Agreement and assist Montecito in fulfilling LAFCO’s approval of annexation due to the City’s failure to adopt a Resolution of Intent within the designated one-year period as necessary for LAFCO to issue its Certificate of Completion.

In November of 2020, Montecito provided formal notice under the Government Claims Act of its claims for monetary damages against the City in connection with the City’s failure and refusal to honor its obligations under the Development Agreement approved as part of the 2103 Specific Plan approvals to “assist Montecito in obtaining all third- party governmental and non-governmental agencies’ permits and approvals which are necessary for the development of the Spring Trails Specific Plan Project. Montecito has alleged, in its Claim Notice, that the City’s actions in refusing to adopt the

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8 Resolution of Intent and instead continuing the matter indefinitely and beyond the one year period required by the Condition resulting in LAFCO’s termination of the October 16, 2019 annexation approval constituted (1) a breach of the Development Agreement and a violation of Montecito’s constitutional rights under 42 U.S.C. section 1983 entitling Montecito to significant monetary damages and (2) as well as taking with the payment of just compensation as required by the Fifth Amendment of the U.S.

Constitution and Article I, Section 19, of the California Constitution.

On June 29, 2021, both parties entered into an agreement to toll the applicable limitations periods for filing a lawsuit under the Government Claims Act for a period of six months until January 2, 2022, in order to allow time for the parties to explore a potential informal resolution.

On December 15, 2021, both parties amended the Tolling Agreement to further toll the applicable limitations periods for initiating a lawsuit under the Government Claims Act for a period of eighteen months until July 2, 2023.

Discussion
In order to rectify the aforementioned issues, staff and Montecito have jointly negotiated a Settlement and Release Agreement (Attachment 2). The Settlement and Release Agreement obligates the City to the following:
•Annexation of the Project Area and Island Area: The City shall apply for and diligently process to completion with LAFCO two separate annexation proceedings for: (1) the Spring Trails Specific Plan Project Area; and (2) the Island Area (together the “Annexation Proceedings”). As part of this obligation, Montecito acknowledges and agrees that (i) any decisions by the City with respect to the Annexation Proceedings following application to LAFCO shall be subject to the discretion of the City Council and the City Council cannot obligate itself to make such decisions in advance; and (ii) LAFCO is an independent governmental agency whose ultimate approval of the Annexation Proceedings is discretionary and therefore neither certain nor a condition of performance under the Settlement and Release Agreement.
•Bice Property Easement: The City will grant a non-exclusive secondary fire access only easement to Montecito over and across the Bice Property at a location and according to an alignment and subject to terms and conditions that are acceptable to both Montecito and the City (with the location of any such easement being at the sole and absolute discretion of the City).

The Settlement and Release Agreement also obligates Montecito to the following:
•Costs for annexation of the Project Area and Island Area: Montecito shall bear all costs associated with processing the annexation of the Project Area and Island Area through to completion at LAFCO.
•Roadway and Storm Drain Improvements: Montecito shall commence the roadway and associated storm drain improvements located on the east side of the project site (the “Roadway”), pursuant to applicable permits and licenses

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8 obtained from the City, such that the Roadway is the only primary access route for any and all purposes to the Project site, within the first phase development and before the commencement of construction on the Project site. •Reduction of Housing Units: Montecito shall reduce the number of homes to be constructed within the project from 307 units to 264 units, and bear all cost and expense associated with such reduction.
•CEQA Compliance: Montecito shall take all actions necessary and appropriate, if any are required, at no costs or expense to the City and comply with the California Environmental Quality Act.
2021-2025 Strategic Targets and Goals
Authorizing the City Manager, or his designee, to execute the Settlement and Release Agreement with Montecito Equities, Ltd. is consistent with Key Target No. 4: Economic Growth and Opportunity. Specifically, the area considered for annexation is within the City’s sphere of influence and has been anticipated for development as identified in the City’s comprehensive General Plan. Future in-fill development, such as that of the Spring Trails project, will be a catalyst to encourage new development in the City that will generate additional revenue.

Fiscal Impact
Authorizing the City Manager, or his designee, to execute the Settlement and Release Agreement with Montecito Equities, Ltd., does not require the expenditure of any General Fund revenue.

Conclusion
Authorize the City Manager, or his designee, to execute the Settlement and Release Agreement with Montecito Equities, Ltd.

Attachments
Attachment 1 Location Map – Remaining Unincorporated Island Attachment 2 Settlement and Release Agreement
Ward:

Fifth Ward
Synopsis of Previous Council Actions:

March 2013: The Mayor and City Council approved the Spring Trails Specific Plan and all other underlying entitlements.

January 2020: The Mayor and City Council considered the adoption of a Resolution of Intent but the matter was continued.

May 2020: The Mayor and City Council again considered the adoption of a Resolution of Intent but the matter was continued indefinitely.

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1 SETTLEMENT AND RELEASE AGREEMENT
This Agreement (“Agreement”) is entered into as of ____________, 2022 (“ Effective Date”) by and between Montecito Equities, Ltd., a California Limited Partnership (“Montecito”), on the one part, and the City of San Bernardino (“City”), a California public agency, on the other part. Montecito and City are collectively referred to herein as the “ Parties” and may be individually referred to as “Party.”

RECITALS
A. Montecito is the owner and developer of the Spring Trails Specific Plan Project (SP10-01), approved by the City in March 2013 (the “ Project”). The Specific Plan approvals, which are final and fully-vested, include adoption of Resolution No. 2013-34; certification of the Final Environmental Impact Report (“FEIR”); adoption of the Mitigation Measuring and Reporting Plan (“MMRP”); adoption of General Plan Amendment No. GPA 02-09 (including pre- annexation of the Specific Plan area); Tentative Tract Map No . 15576; and approval of the corresponding Development Agreement (collectively, the “Specific Plan Approvals”).

B. On October 16, 2019, the San Bernardino County Local Agency Formation Commission (“LAFCO”) adopted Resolution No. 3091 approving the annexation of the Project (LAFCO Annexation No. 3188A) into the City, subject to certain conditions of approval. The annexation resulted in the creation of a 26-acre totally-surrounded island area comprised of six (6) parcels that, although receiving the bulk of its municipal services from the City (except for fire), will continue to remain a part of unincorporated County of San Bernardino (the “ Island Area”) until eventually annexed into the City.

C. With respect to the Island Area, the conditions of approval imposed by LAFCO on the Project’s annexation included Condition No. 4 (the “Condition”), which effectively holds the Certificate of Completion for annexation of the Project in abeyance unless and until (i) the City Council adopts a resolution “outlining the City’s commitment” to annex the Island Area at some point in the future (“Resolution of Intent”) and (ii) provides the adopted resolution to LAFCO’s Executive Officer.

D. The City Council considered adoption of the Resolution of Intent at a hearing on January 15, 2020, and again on May 6, 2020; however, the matter was continued indefinitely by the City Council on both occasions. Montecito continued to ask the City to honor its commitments under the Development Agreement and assist Montecito in fulfilling LAFCO’s Condition and complete annexation of the Project; however, the City failed and refused to do so.

E. As a result of the foregoing , on November 9, 2020, the Executive Officer of LAFCO adopted Resolution No. 3317 terminating LAFCO’s approval of annexation of the Project due to the City’s failure to adopt the Resolution of Intent within the designated one (1) year period, as necessary for LAFCO to issue the Certificate of Completion for the Project under the Condition.

F. On November 20, 2020, Montecito provided formal notice under the Government Claims Act (Gov. Code, §§ 810, et seq.) (the “Act”) of Montecito’s claims for monetary damages against the City in connection with the City’s failure and refusal to honor its obligations under the

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2 Development Agreement approved as part of the 2013 Specific Plan Approvals to “assist Montecito in obtaining all third-party governmental and non-governmental agencies’ permits and approvals which are necessary for the Development of the Property” (the “Claim Notice”). (Dev.

Agreement, § 3.9.) Montecito alleged in the Claim Notice that the City’s actions in refusing to adopt the Resolution of Intent and instead continuing the matter indefinitely and beyond the one (1) year period required by the Condition resulting in LAFCO’s termination of the October 16, 2019, annexation approval constituted (a) a breach of the Development Agreement and a violation of Montecito’s constitutional rights under 42 U.S.C. section 1983 entitling Montecito to significant monetary damages (b) as well as a taking without the payment of just compensation as required by the Fifth Amendment of the U.S. Constitution and Article I, Section 19 of the California Constitution (collectively, the “Claim”).

G. The City disputes Montecito’s C laims and the allegations raised in the Claim Notice.

H. On June 29, 2021, the Parties entered into an agreement t o toll the applicable limitations periods for initiating a lawsuit under the Act for a period of six (6) months until January 2, 2022, in order to allow time for the parties to explore a potential informal resolution of the Claim (“Tolling Agreement”).

I. On December 15, 2021, the Parties amended the Tolling Agreement to further toll the applicable limitations periods for initiating a lawsuit under the Act for a period of eighteen (18) months until July 2, 2023.

J. The Parties, without in any way conceding fault or the validity or sufficiency of any claim or contention of any or all the Parties, now desire to fully compromise, finally settle, and fully release all claims, disputes and differences related to the Claim and Claim Notice.

NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions set forth below, and as full and complete compromise and settlement of any and all legally applicable claims, including but not limited to the Claim, Montecito and City, and each of them, agree as follows:

AGREEMENT

1. Incorporation of Recitals . The foregoing Recitals are incorporated by this reference as though fully set forth at length.

2. C ity Obligations . City shall:

2.1. Annexation of Project Area and “Island Area”. Apply for and diligently process to completion with the San Bernardino County LAFCO two separate annexation proceedings for: (1) the Spring Trails Specific Plan Project area; and (2) the “Island Area” (together, the “Annexation Proceedings”). Montecito expressly acknowledges and agrees that (i) any decisions by the City with respect to the Annexation Proceedings following application to LAFCO, shall be subject to the discretion of the City Council and the City Council cannot obligate itself to make such decisions in advance; and (ii) LAFCO is an independent governmental agency whose ultimate approval of the A nnexation Proceedings is discretionary and therefore neither

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3 certain nor a condition of performance under this Agreement. City shall file such application s within sixty (60) days of the Effective Date.

2.2. [Intentionally Deleted.]

2.3. Bice Property Easement . Grant a non-exclusive secondary fire access - only easement to Montecito over and across the Bice Property at a location and according to an alignment and subject to terms and conditions that are acceptable to both Montecito and the City.

Ultimately, the location of any such easement shall be at the sole and absolute discretion of the City.

3. Montecito Obligations. As full and complete settlement of the Claim and Claim Notice, Montecito shall:

3.1.1. Costs for Annexation of Project Area and “Island Area”. Bear all costs associated with processing the annexation of the Project and the “Island Area” through to completion at LAFCO.

3.1.2. Roadway and Storm Drain Improvements. Commence the roadway and associated storm drain improvements located on the east side of the Project site (the “Roadway”), pursuant to applicable permits and licenses obtained from the City, such that the Roadway is the only primary access route for any and all purposes to the Project site, within the first phase of development and before the commencement of construction on the Project site.

3.1.3. Reduction of Housing Units. Reduce the number of homes to be constructed within the Project from 307 units to 264 units, and bear all cost and expense associated with such reduction.

3.1.4. CEQA Compliance . In light of the proposed changes to the Project contemplated in this Agreement that were not considered in the FEIR or accounted for in the MMRP, take all actions necessary and appropriate, if any are required, at no cost or expense to the City (including City’s reasonable attorneys’ fees, which shall be reimbursed by Montecito), to comply with the California Environmental Quality Act (Pub. Res. Code § 21000 et seq. ) (“CEQA”).

4. Mutual Releases. Upon completion of the Annexation Proceedings (including no successful protest and issuance of a certificate of completion by LAFCO), the Parties shall deliver to one another mutual releases in the form of Exhibit “A” attached hereto and incorporated herein by this reference.

5. N
otice. Any notice, request, or communication required to be given to either Party under this Agreement shall be given in writing and shall be personally delivered or mailed by prepaid registered or certified mail to the addresses below:

If to City: City of San Bernardino
Attn: Robert D. Field, City Manager
290 North D Street
San Bernardino, CA 92401

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4 With Copy to: Best Best & Krieger
Attn: Sonia Carvalho, Esq., City Attorney
18101 Von Karman Ave., Suite 1000
Irvine, CA 92612

If to Montecito: Gresham Savage Nolan Tilden, PC
Attn: Mark A. Ostoich, Esq.
550 E. Hospitality Drive, Suite 300
San Bernardino, CA 92408

6. No Admission of Liability. Nothing herein shall be deemed to imply, constitute, or be construed as an admission of any liability, breach of contract, commission of any tort, or any other civil wrongdoing on behalf of either Party.

7. Mo
ntecito’s R emedy. Montecito’s sole and exclusive remedy upon City’s failure to fulfill any of its obligations under this A greement shall be to take action against the City in accordance with its Claim and Claim Notice. Accordingly, Montecito’s time to prosecute its Claim and Claim Notice is hereby tolled until the earlier to occur of (a) the City’s fulfillment of its obligations under this Agreement; or (b) December 31, 2023.

8. E
ntire Agreement, Modifications and Waiver. This Agreement constitutes the entire agreement between the Parties and the Parties acknowledge that they have not executed this instrument in reliance on any promise or representation or warranty not contained herein. This Agreement supersedes and replaces all prior settlement negotiations and/or proposed settlements.

This Agreement may not be contradicted by evidence of any prior or contemporaneous oral or written agreement. No alteration, supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all of the Parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.

9. A
pplicable Law, Jurisdiction and Venue . This Agreement shall be deemed to have been entered into and shall, in all respects, be interpreted, construed, enforced, and governed by and under the laws of the State of California. The San Bernardino County Superior Court shall have jurisdiction over the Parties as to the matters presented herein.

10. Joi ntly Drafted . It is agreed between the Parties that this Agreement was jointly negotiated and jointly drafted by all the Parties hereto and that it shall not be interpreted or construed in favor or against any Party on the ground that said Party drafted the Agreement. It is also agreed and represented by the Parties that this Agreement was the result of extended negotiations between the Parties and that each of the Parties were of equal or relatively equal bargaining power. In no way whatsoever shall it be deemed that this Agreement is a contract of adhesion, is unreasonable or unconscionable, or that any Party entered into this Agreement under duress, including physical, mental, or economic duress. The language of this Agreement shall be construed as a whole according to its fair and logical meaning and not strictly for or against any of the Parties.

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5 11. Section Headings, Gender, and Syntax . The sect ion and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the construction or interpretation of this Agreement. Whenever in this Agreement the context so requires, the masculine or feminine or neuter gender and the singular and plural number shall be deemed to refer and include the other.

12. I
ndependent Legal Counsel . The Parties hereby acknowledge that they have had the opportunity and have in fact retained legal counsel of their own choice throughout all of the negotiations which preceded the execution of this Agreement and with regard to execution of this Agreement and the documents necessary to carry out its terms.

13. B
inding Agreement . The Parties hereto represent and warrant that they each have the authority to execute this Agreement and the related documents and to bind the entity for which they are signing. This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, assigns, executors, and administrators.

14. S
everability . If any provision of this Agreement is held invalid or unenforceable, in whole or in part, by any court of final jurisdiction, it is the intent of the Parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties in all respects as if such invalid or unenforceable provision were omitted. Any court of final jurisdiction will have the authority to modify or replace the invalid or unenforceable term or provision with a valid and enforceable term or provision that most accurately represents the intention of the Parties.

15. C
ounterparts, Fax, and Electronic Transmission . This Agreement may be executed in counterparts and exchanged by facs imile, email or other electronic means, and all originals, copies, facsimiles, or electronic counterparts, when taken together, shall be valid as one instrument and may be used as an original for any purpose.

16. A uthorization. Any Party signing this Agreement on behalf of an entity hereby represents and warrants that such Party has authority to sign on behalf of the indicated entity.

IN WITNESS WHEREOF, the Parties have entered into this Settlement Agreement and Mutual Release as of the Effective Date hereof.

MONTECITO EQUITIES, LTD.,
a California Limited Partnership

By:_________________________________
Name:_______________________________
Its:__________________________________
Dated:_______________________________

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6 CITY OF SAN BERNARDINO, a California public
agency

By:_________________________________
Name:_______________________________
Its:__________________________________
Dated:_______________________________

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EXHIBIT “A”

MUTUAL RELEASES
In consideration of the covenants and obligations set forth in this Agreement, the Parties, for themselves and for all persons who at any time have acted by, through, under, or in concert with the Parties, now irrevocably and unconditionally remise, releas e, acquit, absolve and forever discharge one another, and all persons who at any time have acted by, through, under, or in concert with the Parties, including, but not limited to their heirs, direct and indirect parents, subsidiaries, partners, agents, contractors, joint ventures, affiliates, related entities, and each of their officers, directors, past or present employees, principals, representatives, attorneys, and shareholders, of and from any and all causes of action in law or in equity, debts, contra cts, charges, complaints, claims, suits, damages, obligations, promises, agreements, losses, costs, controversies, judgments, and expenses, of every kind whatsoever, whether known or unknown, fixed or contingent, direct or derivative, subrogated or assigned, suspected or unsuspected, that the Parties have or may have, or that they at any time previously had or claimed to have, or that they at any time subsequently may have or claim to have, against each other by reason of any matter, cause, act, omission, or thing whatsoever arising out of or relating to the Claim or Claim Notice (collectively, the “Released Claims”). This release does not release either party from its obligations set forth in this Agreement.

The Parties hereby acknowledge that they under stand the meaning of Section 1542 of the Civil Code of the State of California, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES

NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME O F EXECUTING THE RELEASE

AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR RELEASED PARTY.”
With respect to the matters released herein, and subject to the terms and obligations set forth above, the Parties expressly waive and relinquish any right or benefit which they now have, or may in the future have, under Section 1542 of the Civil Code. In furtherance of such intention, the releases herein given shall be and remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts.

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0 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation:

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

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

The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
Discussion
Gross Payroll
Bi-Weekly for September 1, 2022 $3,327,501.48
Bi-Weekly for September 15, 2022 $2,713,962.84
Monthly for September 15, 2022 $11,666.69
Total Payroll Demands: $6,053,131.01

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0 2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.

Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required.

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

Attachments
Attachment 1 Payroll Summary Report for September 2022 Attachment 2 Commercial checks & Payroll Register #9 Attachment 3 Commercial checks & Payroll Register #10 Attachment 4 Commercial checks & Payroll Register #11 Attachment 5 Commercial checks & Payroll Register #12 Attachment 6 Commercial EFT Registers #1348-1352 Ward:

All Wards
Synopsis of Previous Council Actions:

None
The following check registers are being presented for approval:

September 1, 2022 2022/23 (Register #9) $1,575,500.45
September 2, 2022 2022/23 (Register #10) $19,999.00
September 8, 2022 2022/23 (Register #11) $574,442.24
September 15, 2022 2022/23 (Register #12) $3,470,085.57 Total commercial check demands: $5,640,027.26
The following Electronic Funds Transfer (EFT) registers presented for approval:

August 18 to August 29, 2022 2022/23 (Register #1348-#1352) $ 1,304,746.45 Total commercial EFT demands: $ 1,304,746.45

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7 6
9 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager; Barbara Whitehorn, Agency Director of Administrative Services
Department: Finance
Subject: Investment Portfolio Report for July 2022 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for July 2022.

Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy.

Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended July 31, 2022.

The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements.
2021-2025 Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Improved Operation and Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.

Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment report.

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9 Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for July 2022.

Attachments
Attachment 1 - Investment Portfolio Management Summary Report July 2022 Ward:

All Wards
Synopsis of Previous Council Actions:

None

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7 4
1 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Rolland Kornblau, Director of Information Technology
Department: Information Technology
Subject: Execute Annual Professional Service Agreements with Solutions Simplified, NPA Computers, ATEL Communications and a two-year agreement with NeoGov
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, execute Annual Professional Services Agreements for software and hardware usage fees between the City of San Bernardino and Solutions Simplified for DocuSign Software Services, NAP Computers, ATEL Communications, and the two- year renewal service agreement with Governmentjobs.com, Inc., DBA NeoGov for approximately $217,000.

Background
The City of San Bernardino has continued to upgrade its technology infrastructure, improving the efficiency, effectiveness, reliability, and productivity of both internal and external processes. Renewing the agreements is necessary to continue implementing technological innovations city-wide, for troubleshooting support, and fixes of current hardware and software malfunctions, which will result in improving the usability of products for continued organizational proficiency.

Discussion
Staff is requesting authorization for four (4) ongoing Annual Professional Services Agreements for software and hardware usage fees. Expected annual costs are based

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1 on a fixed annual amount provided by the vendors. The annual renewal quotes are enclosed for Solutions Simplified for Docusign electronic signatures, NPA Computers for computer hardware maintenance that is out of warranty, ATEL Communications for city wide phone support, and a two-year quote for Governmentjobs.com, Inc., DBA NeoGov for human resources employment listing.

VENDOR PRODUCT EXPECTED AMOUNT
Solutions Simplified DocuSign $75,640.00
NPA Computers Out of Warranty Maintenance $35,880.00
ATEL Communications Telephone Support $48,643.64
NeoGov Recruitment System $55,880.97
Total $216,044.61
2021-2025 Key Strategic Targets and Goals
Authorization of these agreements align with Key Target No. 2: Focused, Aligned Leadership and Unified Community. Software and hardware applications are maintained to achieve operational efficiencies and support the organizational effectiveness of evolving processes.

Fiscal Impact
The cost of the annual agreements has been included in the adopted FY 2022/23 budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, execute Annual Professional Services Agreements for software and hardware usage fees between the City of San Bernardino and Solutions Simplified for DocuSign Software Services, NPA Computers, ATEL Communications, and the two- year renewal service agreement with Governmentjobs.com, Inc., DBA NeoGov for approximately $217,000.

Attachments
Attachment 1 ATEL PSA Annual Maintenance
Attachment 2 ATEL Software Assurance Quote
Attachment 3 Docusign Renewal Quote
Attachment 4 NeoGov Service Agreement
Attachment 5 NPA Computers PSA - 2022
Attachment 6 NPA Exhibit A
Attachment 7 Resolution 2020-139
Attachment 8 Resolution 2021-233
Ward
All Wards
Synopsis of Previous Council Actions

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1 September 15, 2021 Mayor and City Council adopted Resolution No. 2021-233, approving an agreement with Solutions Simplified for
DocuSign Software Services.

June 17, 2020 Mayor and City Council adopted Resolution No. 2020-139, approving an agreement with NPA Computers for annual
usage for software and hardware maintenance.

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PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND ATEL COMMUNICATIONS
This Agreement is made and entered into as of 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, CA 92401 ("City"), and ATEL COMMUNICATIONS, a California Corporation with its principal place of business at 844 7 Miramar Mall, San Diego, CA. 92121 (hereinafter referred to as "Consultant"). CITY and CONSUL TANT are hereinafter sometimes referred to individually as "Party" and collectively as the "Parties."

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

PBX hardware maintenance and technical services (hereinafter referred to as "the Project").

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

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

NOW, THEREFORE, IT 15 AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
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QUOTE
Software Assurance 2022-2023
18143
City of San Bernardino
Account# Rolland KornblauKathy Faulkner
ATEL Representative Customer Representative 15350
201 North E Street, San Bernardino, CA 92401
Tel: (909) 384-5947
Reference#

QTY DESCRIPTION
Software Assurance is a required component on all current NEC products in order to receive bug fixes, software upgrades and technical support. Coverage includes at least two software upgrades a year.

Software Assurance is an annual recurring cost that protects your investment, ensures your software is always current and provides priority access to support services and technical resources

SOFTWARE ASSURANCE
NEC SV9500
CCDesign
UM4730
NEC SWA PSA SV95 UNIT 947
SWA SV95 REINSTATEMENT FEE 474
NEC SWA PSA CCDesign Unit 155
Q24-DN000000110321 - SWA CCDESIGN REINSTATEMENT FEE 78
SWA PSA UMH UNIT 147
Q24-DN000000110758 - SWA SV9X UMH REINSTATEMENT FEE 74
One (1) Year Support
NEC software assurance contract for your SV9500 system, CCDesign and UM4730 expired on 7/31/2022.

Your NEC SWA has expired.
initials
Net Sale Price Good Through Saturday, October 29, 2022$27,643.64 $0.00 0.00% Sales Tax
$27,643.64 Total Sale
15350 Page 1 of 2Monday, August 15, 2022Reference# 12:00:00 am 8447 Miramar Mall, San Diego, CA 92121 - 2522
Tel: (858) 646-4600 Fax: (858) 646-4680
Service Direct: (858) 646-4646
www.atelcommunications.com
[email protected]
[email protected]

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ATEL Standard Terms and Conditions apply. Customer is aware of those Terms and Conditions and agrees to them.

ATEL Communications, Inc.

By ____________________________________
Signature ____________________________________
By ____________________________________
Signature ____________________________________
City of San Bernardino
Date: _________________________
15350 Page 2 of 2Monday, August 15, 2022Reference# 12:00:00 am 8447 Miramar Mall, San Diego, CA 92121 - 2522
Tel: (858) 646-4600 Fax: (858) 646-4680
Service Direct: (858) 646-4646
www.atelcommunications.com
[email protected]
[email protected]

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Solutions Simplified
3626 Fair Oaks Blvd. Suite 100
Sacramento, CA 95864
www.solutionssimplified.net Date:

A Certified Woman-Owned Business Quote #:

Valid Until:

Prepared By: Rachel DaValle FEIN: 47-5088841
Phone: 530-521-0576 Seller's Permit: 102-806808
Fax: 916-244-0351 DUNS: 80004788
Email: [email protected] CAGE: 7GNN0

CUSTOMER
Precious Carter Delivery: Electronic
City of San Bernardino FOB: Destination, Freight PPD
300 N D St Payment Terms: Net 45
San Bernardino, CA 92418 USA Contract #:
[email protected]
(909) 384-5086
ITEM # PART # DESCRIPTION QTY UNIT PRICE EXT PRICE TAXED 1 APT-0488 20000 $3.10 $62,000.00 N
2 APT-0148 1 $13,640.00 $13,640.00 N
Subtotal $75,640.00
NOTES: Tax Rate 8.75%

1. This quote is valid for 30 days from original quote date Tax $0.00 unless otherwise specified above. Total $75,640.00

2. We accept Purchase Order, Visa, Mastercard, & AMEX.

3. Orders placed on a credit card are subject to a 3% fee.

4. Our product return window is 30 days from receipt of order.

THANK YOU FOR YOUR BUSINESS!
QUOTE
8/5/2022
10384
9/30/2022
Please contact us if you have any questions or need further information.

DocuSign Enterprise Pro for Gov - Env
DocuSign, Inc. - APT-0488
Start Date: 10/01/2022
End Date: 09/30/2023
Enterprise Premier Support 22% of Recurring Fees
(22% of List Price per $100 of List License Fees)
DocuSign, Inc. - APT-0148
Start Date: 10/01/2022
End Date: 09/30/2023

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1 NEOGOV ORDER FORM
NEOGOV:

Governmentjobs.com, Inc. (dba “NEOGOV”)
300 Continental Blvd., Suite 565
El Segundo, CA 90245
[email protected]
Customer Name & Address:

San Bernardino, City of (CA)
290 North D Street
San Bernardino, CA 92401
USA
Quote Creation Date: 12/08/2021 Contact Name: Glenn Cline Quote Expiration Date: 30 days from Quote Creation Contact Email: [email protected] Payment Terms Annual. Net 30 from NEOGOV invoice. FTE:

Fee Summary
Service Description Term Term Fees
Customer Background Check Integration 12/15/2022 - 12/14/2023 $1,685.40 Customer Background Check Integration 12/15/2023 - 12/14/2024 $1,786.52 Biddle Software 09/01/2022 - 08/31/2023 $4,538.57
Biddle Software 09/01/2023 - 08/31/2024 $4,765.50
Insight Subscription 08/01/2022 - 07/31/2023 $18,073.96 Insight Subscription 08/01/2023 - 07/31/2024 $19,248.77 Governmentjobs.com Subscription 08/01/2022 - 07/31/2023 $2,800.12 Governmentjobs.com Subscription 08/01/2023 - 07/31/2024 $2,982.13 2022 Total: $27,098.05
2023 Total: $28,782.92
Total: $55,880.97
A. Terms and Conditions

1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of t his Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement.

2. Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering Document until it has been signed by its authorized representative (the “Effective Date”). Unless otherwise stated, all SaaS Subscriptions shall commence on the Effective Date. This Order Form may not be modified or amended except through a written instrument signed by the parties.

3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement.

4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications.

B. Special Conditions (if any).

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2 IN WITNESS WHEREOF, the parties have caused this Order to be executed by their respective duly authorized officers as of the date set forth below, and consent to the Agreement.

Customer Governmentjobs.com, Inc. (DBA “NEOGOV”)
Entity Name:

Signature:

Print Name:

Date:

Mike Burns
8/9/2022

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1 VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND NPA COMPUTERS, INC.

This Agreement is made and entered into as of September 21st, 2022 by and between the City of San Bernardino , a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and NPA Computers, Inc., a New York Corporation with its pr incipal place of business at 751 Coates Avenue, Holbrook, NY 11741 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a publi c agency of the State of California and is in need of vendor services for the following project:

Services Agreement (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

3. Vendor Practices. All vendor services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal.

Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by

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2 Consultant under this Agreement exceed the sum of $39,468. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole sat isfaction.

City shall pay Consultant’s invoice within fort y-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

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

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

6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2023 unless the Agreement is previously terminated as provided for herein (“Term”).

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

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

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3 9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Ma jeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a pub lic enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other P arty describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

11. Standard of Care . Consultant’s services will be performed in accordance with generally accepted practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept

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4 payment from or employment with any person or entity which will constitute a conflict of interest with the City.

13. City Business Certificate . Consultant shall, prior to execution of this Agreement, obtain and maintain du ring the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant . Consultant shall not assign, sub let, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from e mploying independent associate s and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant . Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and a s required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino , its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies

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5 acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must i nclude 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, Collaps e and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents , and City -designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all tim es during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).

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6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent C onsultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indica ted herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of 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) s ystem breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.
h. Minimum Policy Limits Required

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7 (i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occur rence/$4,000,000 aggregate for bodily injury, p ersonal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement , except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non -payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Con sultant shall deliver

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8 renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Autom obile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its offic ials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, e xcept with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities

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9 and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provi de complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence sati sfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “ Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code

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10 section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the p erformance of the services or this Agreement, and, upon Consultant obtaining a final adjud ication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements . Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “ maintenance” projects. If the S ervices are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 17 74 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Dep artment of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shal l require all subconsultants and sub -subconsultants to comply with the same.

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

21. Termination or Abandonment

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11 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task co mpleted but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perfo rm in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees . In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of t he City and to participate in any meeting required with regard to the correction.

24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

26. Documents. Except as otherwise provided in “Terminat ion or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become

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12 the property of the City.

27. Organization. Consultant shall assign a designated Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

29. Notice. Any notice or instrument required to be given or delivered by this A
greement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

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

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

NPA Computers, Inc.

Attn: Peter Aroniadis
751 Coates Avenue
Holbrook, NY 11741

30. Third Party Rights . Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

31. Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

32. Entire Agreement. This Agreement, including Exhibit “A ,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereu nder. Each Party acknowledges that no representations, inducements, promises , or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such

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13 determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, admi nistrators and assigns of each P arty to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written conse nt of City. Any attempted assignment without such consent shall be invalid and void.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

36. Time of Essence. Time is of the essence for each and every provision of this Agreement.

37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant war rants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the awar d or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her servic e with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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14 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an origina l. All counterparts shall be construed together and shall constitute one single Agreement.

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

43. Electronic Signatures . 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
(iv) Termination of Contract . If the performance has not been corrected after all warnings and previous penalties have been exhau sted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE]

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15 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND NPA COMPUTERS, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert Field
City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Peter Aroniadis
Name
CEO
Title

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16 EXHIBIT A
Attachment 6

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Type Item # Model Serial # / Service Tag SLA Monthly Cost Annual Cost Hardware Item #118 {PDMEDIAGT} HPDL 38005 CTO Chassis USE808N7JX 24x7 $95.00 $1,140.00 Hardware Item #121 {PSGGroup2} Dell Equallogic PS4000 FKT8WN1 24x7 $95.00 $1,140.00 Hardware Item #122 {PSGGroup4} Dell Equallogic PS6500 6YS8WN1 24x7 $210.00 $2,520.00 Hardware Item #123 {PSGGroup3} Dell Equallogic PS4000 F9TKWP1 24x7 $95.00 $1,140.00 Hardware Item #133 {PSGGroup1} Dell Logic PS6000e ST JVCCVL1 24x7 $210.00 $2,520.00 Hardware Item #13 {Sally} Dell Poweredge 1850 77HX61 10x5 (M-F, 1030-530) $65.00 $780.00 Hardware Item #34 HP MS A30 Server Z5K9LMPX36 10x5 (M-F, 1030-530) $90.00 $1,080.00 Hardware Item #39 {Linus} Power Vault 114T DAT ND 7MDVW51 10x5 (M-F, 1030-530) $50.00 $600.00 Hardware Item #40 {Securus Tape} Dell Powervault 110T 7GLJWB1 10x5 (M-F, 1030-530) $50.00 $600.00 Hardware Item #41 {Securus Server} Dell Power Edge 2950 7PW87D1 10x5 (M-F, 1030-530) $65.00 $780.00 Hardware Item #42 {Securus Storage} HP Storage Works MSA 20 E02ZMLJ1BH 10x5 (M-F, 1030-530) $90.00 $1,080.00 Hardware Item #52 {Sequoia} Dell Power Edge 2900 HHQ16F1 10x5 (M-F, 1030-530) $65.00 $780.00 Hardware Item #53 {Redwood} Dell Power Edge 2900 JHQ16F1 10x5 (M-F, 1030-530) $65.00 $780.00 Hardware Item #68 {Yellowstone} HP Proliant DL360 G6 USE019N0VM 10x5 (M-F, 1030-530) $90.00 $1,080.00 Hardware Item #70 {PSGStorage} HP StorageWorks MSA60 (SBRMSTI) SGA8270093 10x5 (M-F, 1030-530) $90.00 $1,080.00 Hardware Item #72 Dell PowerEdge R710ST JV7TBP1 10x5 (M-F, 1030-530) $65.00 $780.00 Hardware Item #76 Dell PowerConnect 6248 9H8P6M1 10x5 (M-F, 1030-530) $65.00 $780.00 Hardware Item #77 Dell PowerConnect 6248 J68P6M1 10x5 (M-F, 1030-530) $65.00 $780.00 Hardware Item # HP Proliant DL 380 G5 (SBRMSTI) USE831N3BQ 10x5 (M-F, 1030-530) $65.00 $780.00 Hardware Item# Dell PowerEdge R730XD (Ocularis - Express Service Code: 28235641214); HDDs 2X 372GB SAS CYYRS72 10x5 (M-F, 1030-530) $90.00 $1,080.00 Software Item #301
NETSUITE BY TREND MICRO; SOFTWARE SUPPORT FOR 1400 USER LICENSES. INCLUSIVE OF THE FOLLOWING: EMANAGER, OFFICE SCAN, SERVER PROTECT, SCAN MAIL IWSS AND SPS N/A N/A Inclusive Inclusive Software Item #303 SYMANTEC: BACKUP EXEC FOR 1 WINDOWS XP AND WINDOWS 2000 INTEL SERVERS N/A N/A $85.00 $1,020.00 Software Item #306 SYMANTEC: SPECIAL AGENT FOR EXCHANGE. 1 SERVER N/A N/A $115.00 $1,380.00 Software Item #308 SYMANTEC: SPECIAL AGENT FOR WINDOWS 1 SERVER N/A N/A $65.00 $780.00 Software Item #311 NEATSUITE BY TREND MICRO: CONTROL MANAGER. ENTERPRISE LICENSE. INCLUDED N/A N/A Inclusive Inclusive Software Item #314 MICROSOFT: BRONZE SUPPORT FOR WINDOWS 2000 THROUGH CURRECT O.S. N/A N/A Software Item #315 MICROSOFT: BRONZE SUPPORT FOR EXCHANGE 2000 THROUGH CURRENT. N/A N/A Software Item #317
MICROSOFT: BRONZE ENTERPRISE SUPPORT FOR DESKTOP O.S. SUPPORT (2000, XP, VISTA, 7, 8) INCLUDED N/A N/A
Software Item #318 MICROSOFT. BRONZE SUPPORT FOR SQL SERVER 2000. N/A N/A Software Item #319 MICROSOFT. BRONZE ENTERPRISE SUPPORT FOR MICROSOFT DESKTOP APPLICATIONS. N/A N/A $2,990.00 $35,880.00
$11,400.00$950.00

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Consent Calendar

City of San Bernardino
Request for Council Action

Date: September 15, 2021

To: Honorable Mayor and City Council Members

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

Subject: Professional Services Agreement with Solutions Simplified for DocuSign Software Services (All Wards)

Recommendation
Adopt Resolution No. 2021-233 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Solutions Simplified for DocuSign Software Services.

Background
The City of San Bernardino is upgrading technology infrastructure to be more efficient, effective, and transparent, and to provide better customer service at every level. This is a major process that requires analysis of every department to evaluate customer interfaces, determine base system requirements, identify risks, and make decisions on the best fit for a high level of customer service, automation, internal control and minimize paper for both internal and external processes.

Discussion
Contracts, applications, and other documen
turnaround time for approvals and contract signing. The City researched options for electronic signature and determined that DocuSign would meet the needs of every department. DocuSign is used throughout government and industry; even home buying, and other major contracts can be entered into using DocuSign. Additionally, DocuSign will easily integrate with future system upgrades. As the City offers more online options for customers, DocuSign helps to ensure that every step of the process is straightforward, simple, and electronic for customers that do not want to visit a customer service location in person.

2020-2025 Key Strategic Targets and Goals
Authorization of this agreement aligns with Key Target No. 3b: Improved Quality of Life:
develop a customer service initiative, by improving the ability of customers, vendors, and applicants to complete forms and tasks electronically.

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8546

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Fiscal Impact
The financial impact to the City is an expense of $76,990 for Fiscal Year 2021/22. This total includes $62,000 for estimated usage, $13,640 for support, and a one-time onboarding cost of $1,350. There is adequate funding for this agreement in the FY 2021/22 Adopted Budget. No additional appropriation is required. The agreement will be renewed annually, and pricing may change based on usage volume.

FINANCIAL DATA Current Fiscal
Year:

Ongoing
Estimate
Ongoing
Estimate
COST $ 76,990 $ 75,640 $ 75,640
GENERAL FUND SHARE $ 76,990 $ 75,640 $ 75,640
SOURCE OF FUNDS: General Fund Budget Adjustment: No
Adequate funds included in Adopted FY 2021/22
Operating Budget
For Fiscal Year: 2021/22

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-233, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Solutions Simplified for DocuSign Software Services.

Attachments
Attachment 1 Resolution No. 2021-233
Attachment 2 Solutions Simplified, DocuSign Agreement-Vendor Signed

Ward: All

Synopsis of Previous Council Actions: None
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Resolution No. 2021-233

Resolution 2021-

Page 1 of 3 ends

RESOLUTION NO. 2021-233

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING A PROFESSIONAL SERVICES

SOFTWARE AGREEMENT BETWEEN THE CITY OF SAN

BERNARDINO AND SOLUTIONS SIMPLIFIED FOR

DOCUSIGN SOFTWARE SERVICES

WHEREAS, the City of San Bernardino is upgrading software and applications to improve efficiency, effectiveness, and customer service; and
WHEREAS, DocuSign is a safe, secure, electronic signature software that is used throughout government and industry; and
WHEREAS, the State of California entered into a contract with Solutions Simplified for DocuSign Software Services after a competitive bid process; and

WHEREAS,
California government contract pricing.

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. Mayor and City Council hereby authorize the City Manager to execute the Professional Services Agreement with Solutions Simplified for DocuSign Software Services, attached hereto as Exhibit .

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.

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Resolution No. 2021-233

Resolution 2021-

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021.

John Valdivia, Mayor
City of San Bernardino

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2021-233

Resolution 2021-

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. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote:

WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021.

Genoveva Rocha, CMC, City Clerk

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Attachment: Resolution No. 2021-233: Solutions Simplified-DocuSign Agreement (8546 : Professional Services Agreement with Solutions

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1 VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND SOLUTIONS SIMPLIFIED
This Agreement is made and entered into as of October 1, 2021 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 Solutions Simplified, a California corporation with its principal place of business at 3626 Fair Oaks Blvd. Suite 100 Sacramento, CA 95864
Consultant are hereinafter sometimes referred to individually y as the

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

DocuSign Enterprise Pro for Gov
B. P ipal Code, the City is authorized
to utilize cooperative bidding/piggyback contracting to utilize contracts awarded by other

C. State of California Software Licensing Program Contract No. SLP-21-70- provides bid item prices for DocuSign services.

D. The City desires to purchase DocuSign services at the bid item prices set forth in Contract Number SLP-21-70-0181N entered into between the California Department of General Services and Consultant.

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

2. Services. Consultant shall provide the City with the services described in the Scope of Services a

3. Vendor Practices. All vendor services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal.

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2 Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may Consultant further represents that no
City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $76,990.00 annually. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be satisfaction. y-five (45) days from the date
City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed all identify
the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

6. Term. This Agreement shall commence on the Effective Date and continue through May 21, 2024, the expiration date indicated within the SLP Agreement. This Agreement will be renewed annually until the expiration of the SLP agreement, unless terminated earlier according to Section 21 of this Agreement.

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

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

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3 timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

11. Standard of Care.
with generally accepted practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry currently practicing under similar conditions.

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4 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City
any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the

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5 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.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.

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6 (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d.
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured -insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, Labor Code of the Stat
Liability Coverage in amounts indicated herein. Consultant shall require all compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the include work performed under this Agreement.
insured and must include a provision establishing the insurer's duty to defend. f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit

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7 Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
$1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or
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. h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile is primary insurance
and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.

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8 (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the 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. i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is 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

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9 Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collective ) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of , or this Agreement, including without limitation the
payment of all damages, expert witness fees,
expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. obligation shall survive the expiration or earlier termination of this Agreement. b.
(as that term is defined
under Civil Code section 2782.8), then, and only to the extent required by Civil Code shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consulta

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10 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other ervices are
defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant.

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services only in the

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11 event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. . In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and in enforcing this Agreement on behalf of the City

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be requir
services rendered under this Agreement at no additional cost to City. In the event that an to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

26. Documents
Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. Organization. Consultant shall assign Mary Moss and Dorothy Navarro as Project Managers. The Project Managers shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

CONSULTANT:

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12 City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Precious Carter (Procurement
Manager)

With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Solutions Simplified
3626 Fair Oaks Blvd. Suite 100
Sacramento, CA 95864
Rachel DaValle, President

30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

32. Entire Agreement. T , represents the
entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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13 No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

36. Time of Essence. Time is of the essence for each and every provision of this Agreement.

38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. . City reserves its right to employ
other consultants, including engineers, in connection with this Project or other projects.

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

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14 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND SOLUTIONS SIMPLIFIED

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager

ATTESTED BY:

Genoveva Rocha, CMC
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

SOLUTIONS SIMPLIFIED

Signature
Rachel DaValle
Name

President
Title

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15 EXHIBIT A
Scope of Services and Schedule of Charges

The City will utilize DocuSign for Electronic document subscription services. City employees using DocuSign services will issue and review electronically signed documents. City employees and outside parties must agree to complete business electronically. In addition to electronic document services, DocuSign will provide premier support services and consulting services. City shall issue a purchase order on an annual basis upon the occurrence of the First Year End Date. For each Purchase Order, the Unit Price is subject to reduction if envelope usage increases. Please see the pricing schedule below:

ITEM# PART# DESCRIPTION QTY UNIT PRICE EXT. PRICE TAXED 1 APT-0488 Licensing
DocuSign Enterprise Pro for Government Envelopes
DocuSign, Inc. APT-0488
First Year Start Date: 10/01/2021
First Year End Date: 09/30/2022
20,000 $3.10 $62,000.00 N
2 APT-0148 Enterprise Premier Support
22% of Recurring Fees
(22% of List Price per $100 of List License Fees)
DocuSign, Inc. APT-0148
Features:
a. DocuSign Support Center
b. Technical Customer Success Manager (TCSM)
c. System Availability Monitoring
d. Target Initial Response Time (2 hours)
e. Global Emergency Support Time (30 min)
f. Proactive Monitoring
g. Sender and Signer Live Chat Support
h. Live Phone Support
i. Escalated Support
j. Third-Party Software Support
k. DocuSign Sandbox Demo Environment
l. Web Application Administration Course
First Year Start Date: 10/01/2021
First Year End Date: 09/30/2022
1 $13,640.00 $13,640.00 N
3 APT-0459 Adoption Consulting
DocuSign, Inc.- APT-0459
Features:
a. Deploy faster with guided onboarding expertise from DocuSign Adoption Consultants

1. We guide, you build

2. Admin Console Setup

3. Configuration review of up to three eSignature Web App use cases or a single out-of-the-box (OOTB) connector use case b. Expert-led Sessions
c. Deployment Readiness
d. Proven onboarding approach

1. Project Kickoff

2. Onboarding

3. Test/build

4. Handoff
Start Date: 10/01/2021
End Date: 09/30/2022
1 $1,350.00 $1,350.00 N
Subtotal $76,990.00
Tax Rate 8.75%
Tax $0.00
Total $76,990.00
Payment Terms: Net 45 Days

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7 9
8 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Rolland Kornblau, Director of Information Technology
Department: Information Technology
Subject: Ratify and Approve the Enterprise Agreement with Earth Science Research Institute, Inc.

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify and approve the Enterprise Agreement with Earth Science Research Institute, Inc. (ESRI) to reflect the correct three-year commitment terms for the total amount not to exceed $430,299.

Background
At the June 15, 2022, Mayor and City Council meeting, the Mayor and City Council approved item 24, an Enterprise Agreement with Earth Science Research Institution, Inc., for annual usage fees and software support. Staff recommended an expected amount for the annual maintenance for FY 2022-23 of $121,666 plus a 10% contingency of $12,166 for a total amount of $133,832.

Discussion
Subsequent to the City Council meeting, the Enterprise Agreement terms were reviewed after being routed for signatures. During this review, staff became aware that the terms in the Enterprise Agreement state the commitment will require a three-year agreement rather than one. The intent of this item is the clarify the agreement amount for the record and approve the three-year term with the following maintenance cost schedule: Year 1 is $121,666, Year 2 is $143,333, and Year 3 is $165,000. There is also a license fee of $300, which brings the total amount for the 3-year agreement to $430,299.
2021-2025 Key Strategic Targets and Goals
Authorization of this agreement aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community. Software applications are maintained to achieve

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7 9
8 operational efficiencies and support the organizational effectiveness of evolving processes.

Fiscal Impact
The cost of the annual support agreement has been included in the adopted FY 2022/23 budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify and approve the Enterprise Agreement with Earth Science Research Institute, Inc. (ESRI) to reflect the correct three-year commitment terms for the total amount not to exceed $430,299.

Attachments
Attachment 1 ESRI
Ward:

All Wards
Synopsis of Previous Council Actions:

June 15, 2022 Mayor and City Council authorized the purchase of Annual Usage Fees, Software Maintenance, and Hardware Maintenance with Accela, Earth Science Research Institute (ESRI), OneMeeting (formerly known as PrimeGov), Tyler Technologies, and Verizon for FY 2022-23 for approximately $1.25 million.

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Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or ( iii) another document that matches the Quotatio n and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's r eceipt of an Ordering Document, unless otherwise agreed to by the parties (" Effective Date").

Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licen sing of the Products. Except as provided in Article 4 Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:
(Customer)
By:

Authorized Signature
Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION
Contact: Telephone:

Address: Fax:

City, State, Postal Code: E-mail:

Country:

Quotation Number (if applicable):

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1.0 ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreementand available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
"Product(s)" means the products identified in
Table A
List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0 ADDITIONAL GRANT OF LICENSE

2.1 G r a n to fL i c e n s e .Subject to the terms and conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A
List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0 TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or government-

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owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0 PRODUCT UPDATES

4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notic e for incorporation into
the Products schedule at no additional charge.

Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.

4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.

5.0 MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.

4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.

5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to

6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to

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supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0 ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0 ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners' application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0 ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri's federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due

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9.0 MERGERS,A CQUISITIONS, OR

DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as " Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

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8 5
5 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Barbara Whitehorn, Agency Director of Administrative Services Department: Human Resources
Subject: Side Letter Agreement Between the City of San
Bernardino and the San Bernardino Police Officers
Association
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-211 approving a Side Letter Agreement to the Memorandum of Understanding between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), amending Article III, Section 3 – Overtime.

Background
On September 21, 2022, the Mayor and City Council adopted Resolution No. 2022- 193, approving a side letter agreement to the Memorandum of Understanding (MOU) between the City and the San Bernardino Police Officers Association (SBPOA), adding Juneteenth as an observed holiday.

On March 2, 2022, the Mayor and City Council adopted Resolution No. 2022-43, approving a side letter agreement to the MOU between the City and the SBPOA, amending the Police Officers Standards Training (POST) Advanced Certificate pay.

On October 20, 2021, the Mayor and City Council adopted Resolution No. 2021 -251, approving the MOU between the City and SBPOA.

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

On December 19, 2018, the Mayor and City Council adopted Resolution No. 2018-287,

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8 5
5 approving a side letter agreement to the MOU between the City and the SBPOA, adding Watch Commander Compensation.

Discussion
The Police Department often contracts with third parties throughout the year to provide public safety services at special events. When these agreements are entered into, third parties agree to reimburse the City for the costs associated with providing these services. To provide overtime payments to SBPOA members, a side letter is being recommended to establish and record the definition of double time and to address the circumstances in which overtime will be paid at a double time rate. The side letter has been designed by both parties to ensure that there are no additional costs to the City.

Under the side letter, ‘special event’ includes any short-term event of less than 30 days where the services provided are outside of the normal scope of duties of the SBPOA as to providing routine police services to the City of San Bernardino. The term does not include long-term contracts with third parties to provide services for more than 30 days. The side letter will not apply to contracts with third parties which are non-profit organizations. In addition, the side letter will only apply to contracts where the third party agrees to fully indemnify the City against all liabilities and injuries incurred in the course of performance of any work under the contract.
2021-2025 Strategic Targets and Goals
Authorization of this side letter agreement aligns with Key Target No. 2a: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
There is no fiscal impact to the City as any double time paid under this side letter is cost neutral.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-211 approving a Side Letter Agreement to the Memorandum of Understanding between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), amending Article III, Section 3 – Overtime.

Attachments
Attachment 1 Resolution 2022-211
Attachment 2 Resolution 2022-211; Exhibit A – Side Letter Agreement with SBPOA
Ward:

All Wards
Synopsis of Previous Council Actions:

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8 5
5 September 21, 2022 The Mayor and City Council adopted Resolution No. 2022- 193, approving a side letter agreement to the Memorandum of Understanding (MOU) between the City and the SBPOA,
adding Juneteenth as an observed holiday.

March 2, 2022 The Mayor and City Council adopted Resolution No. 2022-43, approving a side letter agreement to the Memorandum of
Understanding (MOU) between the City and the SBPOA,
amending the Police Officers Standards Training (POST)
Advanced Certificate pay.

October 20, 2021 The Mayor and City Council adopted Resolution No. 2021 - 251, approving the MOU between the City and SBPOA.

June 17, 2020 The Mayor and City Council adopted Resolution No. 2020- 132, approving a side letter agreement to the MOU between the City and the SBPOA, amending work schedules.

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

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Resolution No. 2022-211
Resolution 2022-211
October 5, 2022

Page 1 of 3 ends

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8 1
RESOLUTION NO. 2022-211

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE SIDE LETTER AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO AND THE

SAN BERNARDINO POLICE OFFICERS ASSOCIATION
AMENDING ARTCILE III, SECTION 3 - OVERTIME
WHEREAS, the Police Department often contracts with third parties throughout the year to provide public safety services at special events;
WHEREAS, when these agreements are entered into, third parties agree to reimburse the City for the costs associated with providing these services; and WHEREAS, to provide overtime payments to SBPOA members, a side letter is being created to establish and record the definition of double time and to address the circumstances in which double time will be paid.

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

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

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

SECTION 3.The 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 5th day of October, 2022.

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Resolution No. 2022-211
Resolution 2022-211
October 5, 2022

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8 1
John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2022-211
Resolution 2022-211
October 5, 2022

Page 3 of 3 ends

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8 1

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. 2022-211, adopted at a regular meeting held on the 5th day of October 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

Page 1 of 2 ends

SIDE LETTER

TO THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SAN BERNARDINO
AND THE SAN BERNARDINO POLICE OFFICERS’ ASSOCIATION
This side letter agreement is by and between the CITY OF SAN BERNARDINO (“City”) and the SAN BERNARDINO POLICE OFFICERS ASSOCIATION (SBPOA) with regard to the matters set forth below. The City and SBPOA shall collectively be referred to as “the Parties”.

WHEREAS, the parties have entered into a Memorandum of Understanding for the period of July 1, 2020 to June 30, 2025; and
WHEREAS, post the negotiations to the MOU, the parties amended to include Article III, Section 3 (F) – Reimbursable overtime for working contractual events – to provide overtime in accordance with contracts between the City and a third party, (G) – Indemnification Prerequisites, (H) Special Event defined, and (I) - Double time defined.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Article III, Section 3 (F) of the MOU is hereby amended to reach in its entirety as follows:

F. SBPOA members who work special events where the City has contracts with third parties to provide public safety services and where the third parties pay for the cost of such labor services shall be entitled to be paid an overtime rate of two times the member’s regular rate of pay provided the third party agrees. Such costs may include costs associated with workers’ compensation coverage, Medicare, CalPERS contributions and other expenses required by the SBPOA Memorandum of Understanding. The City and the SBPOA acknowledge that under no circumstance shall this provision result in any additional cost to the City.

G. To be eligible for double time for work performed under such third-party contracts, the third party must agree in writing to indemnify the City against all liabilities and injuries incurred solely from the event, event management, or as a result of actions of event staff.

H. Special Event shall mean any short-term event of less than 30 days where the services provided are outside of the normal scope of duties of the SBPOA as to providing routine police services to the City of San Bernardino. Special Events shall not include long-term contracts with third parties to provide services for more than 30 days. Special Events shall not include contracts with third parties who are non-profit organizations.

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EXHIBIT A

Page 2 of 2 ends

I. Double time shall mean an increase in pay equal to two times the current regular rate of pay for the individual member assigned to the special event.

2. This side letter agreement shall become effective October 5, 2022, and shall apply to current Special Event contracts with third parties as well as Special Events contracts that are entered into after that effective date.

3. All other wages, hours, and other terms and condition of employment set forth in the MOU shall remain unchanged and in full force and effect.

SIGNATURES:
___________________________________
Jonathan Plummer, President
San Bernardino Police Officers’ Association
Date: ____________________________
___________________________________
Robert Field, City Manager
City of San Bernardino
Date: ____________________________

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Ed Erjavek, Library Director
Department: Library
Subject: Amendment No.1 to Agreement with Ingram Library Services, LLC.

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Library Director to execute Amendment No. 1 to the agreement between San Bernardino Public Library (SBPL) and Ingram Library Services, LLC, for the purchase of library books and authorize the Agency Director of Administrative Services to approve an annual purchase order for an amount not to exceed $85,000.

Background
The mission of the San Bernardino Public Library (SBPL) is to provide free access to the world of ideas, information and creative experience for all citizens of San Bernardino. The Library is a cultural center where the people of San Bernardino come together to learn and participate in public discourse. It aids the community in the creation of informed and educated citizenry and provides opportunities for free lifelong learning and economic improvement. The Library provides books for our patrons at its four locations to further their educational, cultural, and recreational interests. SBPL also provides free public computers and Wi-Fi, online resources for library cardholders in-library and remotely, literacy services, programs and activities for all ages, and other services. SBPL staff includes 15 full-time and 25 part-time staff.

Discussion

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The Library posted RFQ F-21-25 through the Finance Department seeking proposals for book purchases, including cataloging and processing of books, for Fiscal Year 2021/22, with three possible one-year extensions. The RFQ opened on April 15, 2021 and closed on April 30, 2021. Libraries receive a discount of up to 40% percent on the individual title cost of most books and there are also per book charges for its cataloging and processing. The proposed contract extension is warranted because of staff satisfaction with the vendor. This Amendment exercises the city’s option for a one-year extension.
2021-2025 Strategic Targets and Goals
The request to purchase library books for the educational, cultural, and recreational interests of our patrons aligns with Key Target No. 3: Improved Quality of Life.

Fiscal Impact
There is no fiscal impact in authorizing the execution of an amendment for books purchases. Funding is available in the Library's FY 2022/23 budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Library Director to execute Amendment No. 1 to the agreement between San Bernardino Public Library (SBPL) and Ingram Library Services, LLC, for the purchase of library books and authorize the Agency Director of Administrative Services to approve an annual purchase order for an amount not to exceed $85,000.

Attachments
Attachment 1 – Goods Purchase Agreement
Attachment 2 – Amendment No. 1 to Goods Purchase Agreement Ward: All Wards
Synopsis of Previous Council Actions:

September 1, 2021 The Mayor and City Council adopted Resolution No. 2021- 215, approving an agreement with Ingram Library Services, LLC.

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1 55600.00100\40581774.1
AMENDMENT NO. 1

TO THE GOODS PURCHASE AGREEMENT

BETWEEN THE

CITY OF SAN BERNARDINO
AND

INGRAM LIBRARY SERVICES
This Amendment (“Amendment”) is made and entered into this 1st day of July 2022, (“Effective Date”) by and between the City of San Bernardino (“City”) and Ingram Library Service LLC, a Tennessee corporation, with its principal place of business at One Ingram Blvd., La Verge, Tennessee 37086-1986 (“Supplier”). City and Supplies are sometimes individually referred to as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, City and Supplier entered into a Goods Purchase Agreement on September 21, 2021 setting forth the terms and conditions under which Supplier would provide library goods, (i.e. books) for the City (“Agreement”); and WHEREAS, City and Consultant desire to amend the Agreement to modify the price of the contract set forth in Section 4.C.

TERMS

1. Section 4.C. Section 4.C. of the Agreement is hereby amended to read as follows:
“C. In no event shall the total amount paid for Goods provided by Supplier under this Agreement exceed the sum of Eighty-Five Thousand Dollars ($85,000) per fiscal year. Not to exceed Eighty-Five Thousand Dollars ($85,000) for Fiscal Year 2022-2023. No warranty is given or implied as to the total amount of Goods that may be purchased by the City during the term of the Agreement. Agreement is subject to the City Council approval of the City Manager’s proposed budget.”

2. Section 7.C. Section 7.C. is added to the Agreement to read as follows:
“C. Freight Terms. Freight Terms:

Shipments of 20 or more units from the City’s primary distribution center or from the City’s secondary distribution center qualify for free freight. Shipments of less than 20 units will be charged a flat $6.00 shipping fee. This flat fee amount or qualifying unit quantity is subject to change with prior written notice. Items picked, packed, and shipped together count as an individual shipment. Supplier does not currently assess any additional fees for shipping. However, given the unpredictable impact of rising oil prices, Supplier reserves the right to assess a fuel surcharge with prior written notice.

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2 55600.00100\40581774.1
Due to the impact of rising oil prices, Supplier has instituted a $2.50 fuel surcharge. This charge is subject to change with notice. These charges will appear as a Shipping and Handling charge on the City’s invoice.”

3. Section 9. A - C. Section 9. A – C. of the Agreement is hereby amended to read as follows:
“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. City agrees to pay Supplier any sales, use, business activity, VAT, GST, and/or similar type taxes (“Indirect Taxes”) that Supplier is required to charge and collect and/or are imposed due to products and/or services rendered 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 other than the “Indirect Taxes” in Section A which City agrees to pay Supplier as required. Supplier will timely report and remit such Indirect Taxes to the appropriate taxing authority. 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.”

4. Section 9.D. Section 9.D. of the Agreement is hereby deleted in its entirety.

5. Section 14.A.6. Section 14.A.6. of the Agreement is amended to read as follows:
“Privacy/Network Security (Cyber Liability), of at least $1,000,000 per claim 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.”

6. Execution of Amendment. In accordance with Section 18.D. of the Agreement, this Amendment shall only be effective upon the execution by City and Supplier.

7. Entire Agreement. This Amendment represents the entire understanding of the City and the Supplier as to those matters contained in this Amendment, and supersedes and cancels any prior oral or written understanding, promises or representatives with respect to those matters covered in this Amendment, and it shall not be amended, altered or changed except by a written agreement signed by the parties hereto.

8. Full Force and Effect. Except as amended by this Amendment, all other provisions of the Agreement remain in full force and effect. From and after the date of this Amendment,

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3 55600.00100\40581774.1
whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment.

9. Severability. If any provision of this Amendment shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Amendment unless elimination of such provision materially alters the rights and obligations set forth herein.

10. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

CITY OF SAN BERNARDINO INGRAM LIBRARY SERVICES LLC
APPROVED BY:

Ed Erjavek Signature
Library Director
Pamela Smith
ATTESTED BY:Name

VP & GM ILS
Genoveva Rocha Title
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

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3 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works
Operations and Maintenance
Department: Public Works
Subject: Adoption of Ordinance No. MC-1594, CFD 2019-1 – Annexation No. 22 (Ward 7)
Recommendation:

Adopt Ordinance No. MC-1594 of Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Background
On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for July 17, 2019, for the issue of establishment of the community facilities district.

Discussion
On September 21, 2022, Ordinance No. MC-1594 was introduced by the Mayor and City Council. The Ordinance is now being returned to the Mayor and City Council for adoption. The Ordinance will become effective 30 days from the date of adoption.

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3 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District has been borne by the Property Owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019-1 and not through the City’s General Fund.

Conclusion
Adopt Ordinance No. MC-1594 of Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Attachments
Attachment 1 – Ordinance No. MC-1594 (Ordinance Levying Special Taxes) Attachment 2 – Exhibit A – Description of Services
Attachment 3 – Exhibit B – Description of Territory
Attachment 4 – Project Location Map
Ward:

Seventh Ward
Synopsis of Previous Council Actions:

June 5, 2019 - Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” July 17, 2019 - Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 declaring election results for Community Facilities District No. 2019-1; and conducted the first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

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3 August 7, 2019 - Mayor and City Council conducted the final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

August 3, 2022 - Mayor and City Council adopted Resolution No. 2022-171, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” September 21, 2022 - Mayor and City Council adopted Resolution No. 2022-194 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019- 1 (Annexation No. 22), and adopted Resolution No. 2022-195 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 22); and introduced Ordinance No. MC-1594 amending Ordinance No. MC-1522.

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Ordinance No. MC-1594
1 9
9 2
ORDINANCE NO. MC-1594

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2022-2023 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on September 21, 2022, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on

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Ordinance No. MC-1594
2 9
9 2
the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof.

SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of October, 2022.

John Valdivia, Mayor
City of San Bernardino

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Ordinance No. MC-1594
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9 2
Attest:

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

Sonia Carvalho, City Attorney

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Ordinance No. MC-1594
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1594, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 21st day of September, 2022. Ordinance No. MC-1594 was approved, passed and adopted at a regular meeting held the 5th day of October, 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will inc lude all costs attribut able to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other simila r landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways , streets, roads and open space, which maintenance and lighting services may inc lude, without lim itation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation s ituated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal fr om and maintenance and repair of public struc tures situated on parks, parkway s, streets, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water qualit y improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replac ement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential s ubdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

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

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

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EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of October 5, 2022)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Stora ge Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Ce nter, LLC 0147-114-20 and -21 7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Ca jon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdin gs 0281-061-35
13 Ma gic Laundry Services, Inc. 0141-282-05 an d -06
14 Ahmad Famil y Trust 0136-191-21
15 Gatewa y SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 Geor ge A. Pearson 0142-212-18
18 To Be Determine d
19 170 East 40 th Street, LLC 0154-242-22 and -23
20 108 Hi ghland, LP 0150-221-78
21 To Be Determine d
22 1300 E Hi ghland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18

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HIGHLAND AVE
DEL
ROSA
AVE
25TH ST

ORCHID DR

MOUNTAIN
AVE
GOLDEN
AVE

HARRISON
ST

PUMALO ST
^_·|}þ259
·|}þ18
·|}þ210
§¨¦
215
£¤66
£¤66
16TH ST

SPRUCE ST

SIERRA W
AY
W
ATERM
AN AVE

NINTH ST

CAMPUS WAY
2ND ST

MAGNOLIA AVE
4TH ST

RANCHO AVE
17TH ST

BASE LINE ST

SECOND ST

PEPPER AV
M

OUNTIAN AVE

CITRUS ST

PACIFIC ST
28TH ST

FOOTHILL DR

CEDAR AVE

PARKDALE DR
34TH ST

TIPPECANOE ST
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 22

PROJECT MAP

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8 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations and Maintenance
Department: Public Works
Subject: Amendment No. 2 to Consultant Services Agreement with Paragon Partners Consultants, Inc. for H Street Widening Project

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute all documents in support of Amendment No. 2 to the Consultant Services Agreement with Paragon Partners Consultants, Inc. to extend the contract term from June 30, 2022, to December 31, 2023, for the H Street Widening between 40th Street and Kendall Drive Project.

Background
This project consists of the widening of H Street between 40th Street and Kendall Drive to provide two through lanes in each direction and a two-way left-turn lane. The project will include right-of-way (ROW) acquisition, pavement widening, pavement rehabilitation, construction of curb & gutter, sidewalk, streetlights, drainage improvements, signing, striping, and modification of the traffic signal at 40th Street and Kendall Drive.

On October 18, 2017, the Mayor and City Council authorized a Professional Services Agreement with CivilSource Inc. to provide environmental and civil engineering design services for the widening of H Street between 40th Street and Kendall Drive. The environmental component of the project was completed in November 2018 and the Plans Specifications & Estimate (PS&E) are 95% complete. As part of the PS&E,

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8 CivilSource was required to identify necessary ROW takes for the project.

On August 21, 2019, the Mayor and City Council authorized a Consultant Services Agreement with Paragon Partners, Ltd. (now Paragon Partners Consultants, Inc.) in the amount of $86,070 to perform all functions that are necessary to obtain required ROW for the H Street Widening between 40th Street and Kendall Drive.

On April 7, 2021, the Mayor and City Council authorized Amendment No. 1 to the Master Agreement, to extend the previous expiration date to June 30, 2022.

Discussion
Consultant Services Agreement with Paragon Partners Consultants, Inc., executed on August 19, 2021, expired on June 30, 2022. The acquisition of the right-of-away is taking longer than anticipated and as a result, the term of the contract needs to be extended from June 30, 2022, to December 31, 2023.
2021-2025 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 Amendment will result in public improvements being constructed that minimize risk and litigation exposure by widening ‘H’ Street and repairing sidewalk and providing missing ADA access along ‘H’ Street between 40th street and Kendall Drive.

Fiscal Impact
There is no General Fund impact associated with this action. The project for the proposed work was previously established through the adopted FY 2019/20 CIP in the Regional Circulation Development Impact Fee Fund. The remaining budget for this will be carried over from FY 2021/2022 into FY 2022/23. This amendment is not incurring any additional cost to the project.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute all documents in support of Amendment No. 2 to Consultant Services Agreement with Paragon Partners Consultants, Inc. to extend the contract term from June 30, 2022, to December 31, 2023, for H Street Widening between 40th Street and Kendall Drive Project.

Attachments
Attachment 1 Amendment No. 2 - Paragon Partners Consultants, Inc.

Attachment 2 Original Agreement
Attachment 3 Amendment No. 1 - Signed
Attachment 4 Location Map
Ward:

Fourth Ward

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8 Synopsis of Previous Council Actions:

October 18, 2017 Mayor and City Council awarded a Professional Services Agreement with CivilSource Inc. to provide
environmental and civil engineering design services for the widening of H Street between 40th Street and
Kendall Drive.

December 19, 2018 Mayor and City Council adopted Resolution No. 2018- 75 for Mitigated Negative Declaration (MND),
Mitigation Monitoring and Reporting Program (MMRP),
and authorizing the Director of Community
Development or designee to file a Notice of
Determination (NOD) with the Clerk of the Board of
Supervisors of San Bernardino County for the widening
of H Street between 40th Street and Kendall Drive.

August 21, 2019 Mayor and City Council authorized Consultant Services Agreement with Paragon Partners
Consultants, Inc. to perform all ROW.

April 7, 2021 Mayor and City Council authorized Amendment No. 1 to the Maser Agreement with Paragon Partners
Consultants, Inc. to extend the previous expiration date to June 30, 2022.

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SECOND AMENDMENT TO

CONSULTANT SERVICES AGREEMENT
WITH PARAGON PARTNERS CONSULTANTS, INC.
(H STREET WIDENING PROJECT)
This Second Amendment to the Consultant Services Agreement is made and entered into as of October 5, 2022 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Paragon Partners Consultants, Inc., a Delaware corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated, August 21, 2019, to perform all right-of-way (“ROW”) tasks for the H Street Widening Project between 40th Street and Kendall Drive (the “Master Agreement”).

B. WHEREAS, the City and the Consultant have entered into the First Amendment to the Master Agreement, dated April 7, 2021, for the purpose of extending the term of the Master Agreement.

C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Second Amendment and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Term. The term of the Master Agreement shall be extended through December 31, 2023, unless earlier terminated.

3. Full Force. Except as amended by this Second Amendment, all provisions of the Master Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Second Amendment.

4. Electronic Transmission. A manually signed copy of this Second Amendment which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Second Amendment for all purposes. This Second Amendment may be signed using an electronic signature.

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5. Counterparts. This Second Amendment may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

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

Best Best & Krieger LLP
City Attorney

CONSULTANT

PARAGON PARTNERS CONSULTANTS,
INC.

Signature
Name
Title

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H Street between 40th Street and Kendall Drive

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2 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations and Maintenance
Department: Public Works
Subject: Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services):

Annexation No. 27, Tax Zone No. 28 (SB Drake LLC) (Ward 3)
Recommendation:

Adopt Resolution No. 2022-210, of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 27) and authorizing the levy of special taxes therein.

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

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

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2 necessary to meet increased demands placed by development upon the City.

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

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

1. Public lighting and appurtenant facilities, including streetlights within public rights-of-way and traffic signals; and

2. Maintenance of streets, including pavement management; and

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

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

The proposed development includes approximately 5.35 gross acres of a zoned industrial property. The property is located on the north side of E Central Ave between S Waterman Ave and S Valley View Ave. At build out this development will include an industrial warehouse as a new Tax Zone No. 28 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 28), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $2,143 per acre for FY 2022/23. This tax rate includes a Maximum Special Tax A of $1,851 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $292 per acre per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached hereto. If the Property Owners Association (POA) were to default of its obligation to

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2 maintain such improvements, the City would be able to collect funds to pay for those services. Annual Special Tax A and Annual Special Tax B (Contingent) rate are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

A maintenance exhibit, illustrating the services being maintained by the District, is hereby attached as Attachment #10.

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

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

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

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

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

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for November 16, 2022.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the District will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $8,884 from Special Tax A, to be used to pay for maintenance costs.

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

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2 All costs associated with annexation into the District have been borne by the Developer. By annexing into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.

Conclusion
Adopt Resolution No. 2022-210, of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 27) and authorizing the levy of special taxes therein.

Attachments
Attachment 1 – RES 2022-210 Resolution of Intention
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition and Waiver
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Project Map
Attachment 10 – Maintenance Exhibit
Ward:

Third Ward
Synopsis of Previous Council Actions:

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

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

August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance,

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2 services and expenses with respect to Community Facilities District No. 2019-1.

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Resolution No. 2022-210
Resolution No. 2022-10
October 5, 2022

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RESOLUTION NO. 2022-210

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 27) AND AUTHORIZING

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

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

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

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

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

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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 27, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

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

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

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

SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, November 16, 2022, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-

1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.

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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday November 16, 2022 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

SECTION 10. That 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 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 12. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of October 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2022-210
Resolution No. 2022-10
October 5, 2022

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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. 2022-210, adopted at a regular meeting held on the 5th day of October 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities Dist rict No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 27 is currently comprised of ten (10) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Owner Name
0280-032-07 SB Drake Central Avenue LLC
0280-032-08 SB Drake Central Avenue LLC
0280-032-09 SB Drake Central Avenue LLC
0280-032-10 SB Drake Central Avenue LLC
0280-032-11 SB Drake Central Avenue LLC
0280-032-13 SB Drake Central Avenue LLC
0280-032-14 SB Drake Central Avenue LLC
0280-032-15 SB Drake Central Avenue LLC
0280-032-37 SB Drake Central Avenue LLC
0280-032-38 SB Drake Central Avenue LLC

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EXHIBIT B

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

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

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

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

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

A. DEFINITIONS

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

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

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

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

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

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

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

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

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

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

“City” means the City of San Bernardino.

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

“County” means the County of San Bernardino.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY

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

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

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

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

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

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

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

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

TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY

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

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

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

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

a. Developed Property

(i) Maximum Special Tax B (Contingent)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Community Facilities District No. 2019‐1 (Maintenance Services)

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

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Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX A

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

COST ESTIMATE

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

TAX ZONE 28
PM 20320

Item Description Estimated Cost
1 Lighting $600
2 Streets $6,922
3 Drainage $216
4 Reserves $122
5 Admin $1,024
Total $8,884

Special Tax B Contingent Services – The estimate in the table below breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1 Tax Zone 28.

TAX ZONE 28 (CONTINGENT SERVICES)
PM 20320

Item Description Estimated Cost
1 Streets $404
2 Admin $1,000
Total $1,404

TAX ZONE 28
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $1,851 $292

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

TAX ZONE 28
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $1,851 $292

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City of San Bernardino 13
Community Facilities District No. 2019‐1 (Maintenance Services) TAX ZONE SUMMARY

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

Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP 17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022‐23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021‐013 2022‐23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022‐23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022‐23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined
27 28 PM 20320 2022‐23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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

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

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

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

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

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

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

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City of San Bernardino 15
Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX C

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

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0280-032-07
0280-032-09
0280-032-11
0280-032-15
0280-032-14
0280-032-37
0280-032-08
0280-032-13
CE
NTRAL
AVE
DRAKE
DR

HOLDEN DR

FOISY ST
ANNEXATION MAP NO. 27
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)

CITY OF SAN BERNARDINO

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

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

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

THE BOUNDARIES OF WHICH COMMUNITY FACILITIES

DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP

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

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

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

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS

APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN

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

BY ITS RESOLUTION NO. ____________________
______________________________________
___
C

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

CITY CLERK, CITY OF SAN BERNARDINO
CFD 2019-1
TAX ZONE 28
^_
·|}þ210
§¨¦215
£¤66

THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR

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

CONCERNING THE LINES AND DIMENSIONS OF LOTS OR

PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2022-23.
-
LEGEND

ANNEXATION AREA BOUNDARY

PARCEL LINE

CITY BOUNDARY

XXXX-XXX-XX

ASSESSOR PARCEL NUMBER (APN)
28 TAX ZONE
0280-032-38
0280-032-10
28 THIS MAP WAS FILED UNDER DOCUMENT NUMBER
_____________, THIS ____ DAY OF _______, 20 ____, AT _____ M. IN BOOK ___ OF __________ AT PAGE ____, AT
THE REQUEST OF _____________________________
IN THE AMOUNT OF $_________

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

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

DEPUTY RECORDER

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE

EXHIBIT D
 
  
 
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EXHIBIT E

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Packet Pg. 910

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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 27)

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

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, November 16, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the November 16, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, t he means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outs ide of the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Be rnardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.

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

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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 27

(November 16, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowne
r Number of Acres Owned Total Votes
SB Drake Central Avenue LLC 5.35 6

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

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

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than November 2, 2022, two calendar weeks prior to the date set for the election.

Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on November 16, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on November 16, 2022.

Very truly yours,

Genoveva Rocha, CMC, City Clerk

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TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT

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

SB Drake Central Avenue LLC
Attn: Kevin Rice
12126 West Sunset Boulevard
Los Angeles, CA 90049

0280-032-07, -08, -09, -10, -11,
-13, -14, -15, -37, -38

CITY OF SAN BERNARDINO

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

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

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

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on October 5, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 27 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________

Certification for Special Election Ballot

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

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

Kevin Rice
Managing Member

Signature

Print Name

Title

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CENTRAL AVE
W
ATERM
AN
AVE

HOLDEN DR

DRAKE DR
LENA
RD
VALLEY
VIEW

AVE
FOISY
ST
^_
£¤66

MILL ST
16TH ST

SPRUCE ST

SIERRA W

AYNINTH ST
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE
17TH ST

BASE LINE ST

SECOND ST

PEPPER AV

PACIFIC ST

CEDAR AVE

TIPPECANOE ST

CENTRAL AVE
M

ERIDIAN AVE

SAN BERNARDINO AVE
M

T VERNON AVE

NORMAN RD

PENNSYLVANIA AVE
W
ATERM
AN AVE

CITRUS AVE

EUCALYPTUS AVE

DOOLITTLE DR

ACADEMY ST
M
T.VIEW
AVE

COLTON AVE

REDLANDS BLVD

MILL ST
·|}þ259
§¨¦
215
§¨¦
10 £¤66
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 27

PROJECT MAP

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PATRIOT- DRAKE INDUSTRIALSITE PLAN EXHIBITCFD MAINTENANCE

CFD MAINTENANCE AREA
 
  
 
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8 2
2 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, 1st Ward
Department: Council Office
Subject: Mechanisms for Revenue Generation from For-Profit Events in the City (All Wards) – Council Member Sanchez

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8 6
4 CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney's Office
Subject: Closed Session

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

Agency Designated Representative: City Manager
Employee Organization: San Bernardino Police Management Association

B) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: Carousel Mall Property, 43 acres Agency Negotiator: Robert D. Field, City Manager, or designee Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group); Lincoln Group
Under Negotiation: Price and Terms

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Mayor and City CouncilOctober 5, 2022

Mayor and City Council
October 5, 2022