Cities Index.
Agenda packet

Mayor and City Council
November 16, 2022

Document
Agenda packet
Meeting
November 16, 2022
Body
Mayor and City Council
Pages
54
Original file
107.1 MB
Text extracted from the city's file for reading and search. Open the original on sanbernardino.primegov.com. That file is the official record.

RESOLUTION NO. 2022-236

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZE THE APPROPRIATION OF $110,000 FROM

THE CULTURAL DEVELOPMENT FUND TO COVER

COSTS FOR THE FACILITY UPGRADES AT NORTON
GYM ($30,000) AND JERRY LEWIS SWIM CENTER PUMP
ROOM ($50,000), VETERANS STAND DOWN EVENT
($20,000), AND EMPLOYEE RECOGNITION PROGRAMS
($10,000).

WHEREAS, the City collects Cultural Development Construction Fee pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine art and cultures; and WHEREAS, the Parks, Recreation and Community Services Department has developed a plan for necessary facility improvements at Norton Gym and the Jerry Lewis Swim Center; and WHEREAS, the Parks, Recreation and Community Services Department has partnered with the Reaching New Heights Foundation to continue to provide a Veterans Stand Down and Homeless Outreach resource event; and
WHEREAS, the Parks, Recreation and Community Services Department has developed a plan for an annual employee celebration for over 300 City employees, less the Police Department, to be recognized at an end of the year holiday event; and WHEREAS, the allocation of Cultural Development Impact Funds for facility improvements will benefit the longevity of the facilities and the programming held at the locations; and
WHEREAS, the allocation of Cultural Development Impact Funds for the Veterans Stand Down and Homeless Outreach resource event will support an underserved community in the City; and
WHEREAS, the allocation of Cultural Development Impact funds for the employee recognition event will support the City’s leadership efforts to appreciate and recognize City employees.

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

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Resolution No. 2022-236
Resolution 2022-236
November 16, 2022

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

SECTION 2. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to allocate $110,000 in the Cultural Development Impact Fund for facility upgrades at Norton Gym ($30,000), and Jerry Lewis Swim Center Pump Room ($50,000), Veterans Stand down event ($20,000) and employee recognition programs ($10,000).

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 16th day of November 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. 2022-236
Resolution 2022-236
November 16, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-236, adopted at a regular meeting held on the 16th day of November 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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EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 27

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated September 30, 2022, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date.

Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Qualified
Landowner Votes Votes Cast YES NO
SB Drake Central Avenue LLC 6 6
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 ____________, 2022.

Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:

(Attach completed copies of Waiver/Consent and Ballot)
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Ordinance No. MC-1602
1 ORDINANCE NO. MC-1602

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 November 16, 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 Packet Pg. 307
Ordinance No. MC-1602
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 ____ day of _______, 2022.

John Valdivia, Mayor
City of San Bernardino
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Ordinance No. MC-1602
3 Attest:

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

Sonia Carvalho, City Attorney
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Ordinance No. MC-1602
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 Ordinance No. MC-1602, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of ______, 2022. Ordinance No. MC-1602 was approved, passed and adopted at a regular meeting held 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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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 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.

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 provided 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 December 7, 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 Storage 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 Center, 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 Cajon 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 Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25 Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25 Packet Pg. 312
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue LLC 0280-032-07, -08, -09, -10, -11, - 13, -14, -15, -37, -38
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Public Hearing
CFD No. 2019-1 Annexation No. 27:

PM 20320 (SB Drake Central Avenue LLC)
Presented by Alex Qishta, City Engineer
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Public Hearing on CFD 2019-1 Annexation No. 27
Recommended Action

1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election, d. Adopt a Resolution declaring results of special landowner election; and

2. Upon approval of the preceding resolutions, Introduce an Ordinance amending Ordinance No. MC1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and

3. Schedule the final reading and adoption of the Amended Ordinance for December 7, 2022.

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Public Hearing on CFD 2019-1 Annexation No. 27
Discussion
• The Property Owner, SB Drake Central Avenue LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements. • The area proposed within Annexation No. 27 includes ten parcels, APNs 0280-032-07, -08, -09, -10, -11, -13, -14, -15, -37, -38. • On October 5, 2022, the City Council adopted Resolution No. 2022-210, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on November 16, 2022. The property owner consented to waiving certain time restriction and conduct the election the same night.

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Public Hearing on CFD 2019-1 Annexation No. 27
Discussion (Cont.)
• The proposed maximum annual tax of $1,851 per acre will be included in CFD No. 2019-1 as Tax Zone 28.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

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Public Hearing on CFD 2019-1 Annexation No. 27
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

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Project Location
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Public Hearing on CFD 2019-1 Annexation No. 27
Fiscal Impact
• It is anticipated that at build-out the total Special Tax revenues to pay for maintenance costs will be approximately $8,884. • All costs associated with the annexation is borne by the Developer. There is no fiscal impact to the City’s General Fund.

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Questions?
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ANNEXATION NO. 27

PROJECT MAP
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Department: City Manager's Office
Subject: Professional Services Agreement with Hurst Brooks Espinosa (HBE) LLC for State Legislative Advocacy
Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or his designee, to execute a two-year (2) agreement, (with the option to extend the agreement by one-year (1) administratively), with Hurst Brooks Espinosa (HBE) LLC for state legislative advocacy services.

Background
In order to more efficiently pursue the City’s goals and objectives, the City Council regularly adopts an annual Legislative and Regulatory Platform consistent with Resolution No. 2018-117 (The Legislative Program Policy and Procedures). The overall goal of the program is to provide staff with a framework to monitor and act on platform items as they make their way through the legislative process. Engaging a state legislative advocacy firm enhances staff’s ability to identify and provide information on legislative proposals and regulatory changes. It also provides staff the necessary tools to advocate directly for, or against, issues that concern the City.

Discussion
The City’s current one-year agreement with HBE (Attachment 2) for state legislative advocacy services ended on July 30, 2022. Staff inadvertently allowed the agreement to expire. Once the error was identified, staff worked with the Purchasing department to issue a Request for Proposals (RFP) on August 22, 2022, seeking qualified consultants who specialize in state legislative advocacy services. The City’s procurement process can take a minimum of four to six weeks to complete from start to finish depending on the complexity of the scope of services. In order to prevent a lapse in state legislative advocacy services, a three-month short-term agreement (Attachment 3) was executed to provide staff ample time to evaluate submitted Packet Pg. 328
proposals, issue a preliminary award, and present an agreement for Mayor and City Council approval. On September 13, 2022, the RFP closed with only two vendors submitting responsive bids. Following a detailed analysis of each proposal, including an evaluation of firm qualifications, staffing, understanding of the City, scope of work, cost, references, and best fit, HBE was selected as the top firm.

HBE is one of the few firms in Sacramento that specialize in representing local governments, and partners Jean Hurst, Elizabeth Espinosa, and Kelly Brooks have more than 45 collective years of experience in advocacy before the legislature. Some of the many activities involved in their service include Client Services, Direct Advocacy, Relationship and Coalition Building, and Firm-to-Firm Communication and Coordination. Their expertise extends across disciplines and subject matters that compliment current City priorities and the City’s Legislative and Regulatory Platform.

This includes but is not limited to: Administration of Justice, Health & Human Services, Revenue & Taxation, Housing, Land Use, and Transportation. For over two (2) years, HBE has collaborated with staff on a variety of issues that have deepened the firms understanding of San Bernardino’s strategic objectives, challenges, and vision for the future. HBE has provided the City with responsive, effective, and quality legislative advocacy services while under contract. One of their many notable successes during this period was assisting the City’s efforts to secure $2.5M towards repairs and upgrades at the California Theater.
2021-2025 Strategic Targets and Goals
The use of a state legislative advocacy firm aligns with all four of the City’s Key Strategic Targets and Goals. HBE will aid City staff in working with state and/or regional governments to ensure San Bernardino receives its fair share of resources, while maintaining close working relationships with governmental agencies.

Fiscal Impact
The funding required to support state legislative advocacy services totaling $60,000 per fiscal year ($120,000 total) was included in the adopted operating budgets for both FY 2022/23 and FY 2023/24.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or his designee, to execute a two-year (2) agreement, (with the option to extend the agreement by one-year (1) administratively), with Hurst Brooks Espinosa (HBE) LLC for state legislative advocacy services.

Attachments
Attachment 1 – First One-Year Professional Services Agreement with HBE
Attachment 2 – Second One-Year Professional Services Agreement with HBE
Attachment 3 – Short-Term Professional Services Agreement with HBE Attachment 4 – Two-Year Professional Services Agreement with HBE Packet Pg. 329
Ward:

All Wards
Synopsis of Previous Council Actions:

February 19, 2020 Mayor and City Council adopted the 2020 Legislative and Regulatory Platform.

November 18, 2020 Mayor and City Council adopted the 2021 Legislative and Regulatory Platform.

April 7, 2021 Mayor and City Council amended the 2021 Legislative and Regulatory Platform.

July 21, 2021 Mayor and City Council adopted Resolution No. 2021-183 approving a Professional Services Agreement with Hurst, Brooks, and Espinosa LLC.

September 15, 2021 Mayor and City Council adopted Resolution No. 2021-223 approving an update to the 2021 Legislative and Regulatory Platform.

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND HURST BROOKS ESPINOSA, LLC
This Agreement is made and entered into as of July 31, 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 Hurst Brooks Espinosa, LLC, a Limited Liability company with its principal place of business at 1127 Eleventh Street, Ste. 1005, Sacramento, CA 95814 with its principal place of business at (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

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

State Legislative Advocacy 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 IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services at a rate of $5,000 per month inclusive of any expenses incurred. b. In no event shall the total amount paid for services rendered by DocuSign Envelope ID: 2F7D2B2D-BDDF-4305-B9CA-06CED2D79A3F Packet Pg. 363
2 all related costs, and the City will not pay any additional fees for printing expenses.

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

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

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

Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.

6. Term. This Agreement shall commence on the Effective Date and continue through October 31, 2022, 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.

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 Consultant under this Agreement exceed the sum of $15,000. This amount is to cover DocuSign Envelope ID: 2F7D2B2D-BDDF-4305-B9CA-06CED2D79A3F Packet Pg. 364
3 include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

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 DocuSign Envelope ID: 2F7D2B2D-BDDF-4305-B9CA-06CED2D79A3F Packet Pg. 365
4 registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

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

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

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

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

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

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6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Intentionally Omitted
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

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

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

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

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of DocuSign Envelope ID: 2F7D2B2D-BDDF-4305-B9CA-06CED2D79A3F Packet Pg. 371
10 the services or this Agreement, and, upon Consultant obtaining a final adjudication 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 Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

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 Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

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

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

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or DocuSign Envelope ID: 2F7D2B2D-BDDF-4305-B9CA-06CED2D79A3F Packet Pg. 372
11 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 under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

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

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

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

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

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

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12 27. Organization. Consultant shall assign Jean Hurst as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager or Cory Hodges
(Sr. Management Analyst)
With Copy To:

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

Hurst Brooks Espinosa, LLC,
1127 Eleventh Street, Ste. 1005,
Sacramento, CA 95814
Attn: Jean Hurst, Project Manager

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

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

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

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and DocuSign Envelope ID: 2F7D2B2D-BDDF-4305-B9CA-06CED2D79A3F Packet Pg. 374
13 provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

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

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

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

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

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

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

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

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

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

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

43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.

This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
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16 EXHIBIT A
General Scope of Services
Strategic Advice:
• Work with the City Council, City Manager, and designated staff to identify priority issues for the City.
• Develop strategic approaches and communication strategies to help facilitate resolution to City priority issues, including funding for the City’s projects and programs.
• Assist the City in securing meetings and preparing for meetings and interactions with state officials.
• Develop supportive materials, such as letters, talking points, or other follow-up, as needed.

State Legislative and Budget Advocacy:
• Advocate for San Bernardino priorities before the state Legislature and Administration.
• Assist the City in identifying legislative issues, including drafting of/updating a state legislative platform.
• Testify on priority bills and budget issues before the state Legislature. • Coordinate and collaborate with other organizations, local governments, companies and firms on City priorities and other efforts to advance the City’s interests.
• Participate in regular communications with the City to discuss legislative and budget issues of interest as well as policy objectives. • Provide timely written analysis of the January and May state budget releases and identify issues and opportunities for the City.
• Provide written updates on policy and political issues of interest, including state ballot measures.
• Distribute HBE’s weekly legislative update that covers news and developments on activities in and around Sacramento.
• Be accessible to council members, executive staff, department heads, and other city staff regarding priority budget, regulatory, and legislative issues. • Provide a written annual report of advocacy efforts related to the City’s legislative priorities and platform.

DocuSign Envelope ID: 2F7D2B2D-BDDF-4305-B9CA-06CED2D79A3F Packet Pg. 378
1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND HURST BROOKS ESPINOSA, LLC
This Agreement is made and entered into as of November 16, 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 Hurst Brooks Espinosa, LLC, a limited liability company with its principal place of business at 1127 11th Street #1005, Sacramento, CA 95814 with its principal place of business at (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

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

State Government Relations & Lobbying 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 IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services at a rate of $5,000 per month inclusive of any expenses incurred. in accordance with the Schedule of Charges set forth in Exhibit “A”
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2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $60,000 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 based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

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

Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.

6. Term. This Agreement shall commence on the Effective Date and continue through November 15, 2024, unless the Agreement is previously terminated as provided for herein (“Term”).
a. Extension Options. The term of this Agreement may be administratively extended by the City Manager, or his designee, for a maximum of one additional one-year 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 Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

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 Packet Pg. 381
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 during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

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

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

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

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies Packet Pg. 382
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 include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).

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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 Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Minimum Policy Limits Required
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7 h. The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver Packet Pg. 385
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 Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities Packet Pg. 386
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 provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Packet Pg. 387
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 performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication 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 Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

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 Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

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

21. Termination or Abandonment
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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 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 under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

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

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

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

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

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become Packet Pg. 389
12 the property of the City.

27. Organization. Consultant shall assign Jean Hurst as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Cory Hodges Senior Management
Analyst
With Copy To:

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

Hurst Brooks Espinosa, LLC,
1127 11th St #1005
Sacramento, CA 95814
Attn: Jean Hurst, Project Manager

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

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

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

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

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

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

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

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

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

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

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

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

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

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

43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND HURST BROOKS ESPINOSA, LLC
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

HURST BROOKS ESPINOSA, LLC
Signature
Name
Title
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16 EXHIBIT A

SCOPE OF SERVICES/ SCHEDULE OF CHARGES
Strategic Advice:
• Work with the City Council, City Manager, and designated staff to identify priority issues for the City.
• Develop strategic approaches and communication strategies to help facilitate resolution to City priority issues, including funding for the City’s projects and programs. • Assist the City in securing meetings and preparing for meetings and interactions with state officials.
• Develop supportive materials, such as letters, talking points, or other follow-up, as needed.

State Legislative and Budget Advocacy:
• Advocate for San Bernardino priorities before the state Legislature and Administration. • Assist the City in identifying legislative issues, including drafting of/updating a state legislative platform.
• Testify on priority bills and budget issues before the state Legislature. • Coordinate and collaborate with other organizations, local governments, companies and firms on City priorities and other efforts to advance the City’s interests. • Participate in regular communications with the City to discuss legislative and budget issues of interest as well as policy objectives.
• Provide timely written analysis of the January and May state budget releases and identify issues and opportunities for the City.
• Provide written updates on policy and political issues of interest, including state ballot measures. • Distribute HBE’s weekly legislative update that covers news and developments on activities in and around Sacramento.
• Be accessible to council members, executive staff, department heads, and other city staff regarding priority budget, regulatory, and legislative issues. • Provide a written annual report of advocacy efforts related to the City’s legislative priorities and platform.

SCHEDULE OF CHARGES
Description Rate
Monthly Retainer (For the Scope of Services
detailed in Exhibit “A”) $5,000.00
Packet Pg. 394

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Cory Hodges, Senior Management Analyst
Department: City Manager's Office
Subject: Aspen Institute City Learning Action Lab and City of San Bernardino Investment Playbook Update (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the City's participation in the Aspen Institute City Learning Action Lab, and development of the City of San Bernardino Investment Playbook.

Background
At the August 18, 2021, Mayor and City Council meeting, the Council received a report on the City’s participation in the Aspen Institute’s City Learning and Action Lab via the execution of a collaboration agreement. This staff report provides an update on the Aspen Institute policy program and the development of a City of San Bernardino Investment Playbook.

The Aspen Institute was founded in 1949 with the mission to promote the creation of a free, just, and equitable society in a nonpartisan and non-ideological setting. It accomplishes its goals through seminars, policy programs, conferences, and leadership development initiatives. One such policy program is the Latinos & Society Program, which seeks to "empower Latino communities and promote long-term economic growth and resiliency" through its core initiatives. The City’s participation in the policy program is timely as recent research has shown that as the impacts of the COVID-19 pandemic continue to reverberate throughout the nation, African American and Latino communities continue to be disproportionately impacted. During the ongoing economic recovery, it is important that local governments stimulate ideas, collaborate on solutions, and create effective policies that increase access to opportunity and support for minority-owned businesses.

In May of 2022, the James Irvine Foundation awarded a $150,000 grant to the Aspen Packet Pg. 395
Institute Latinos & Society Program, to bring nationally renowned urban policy expert Bruce Katz to the City of San Bernardino to develop an investment playbook for the City. An investment playbook is a tool designed to help the city prioritize transformational investments and match them to local, federal, state, private, and philanthropic funding opportunities. Investments can be in areas such as public infrastructure, housing, and economic development. The recent influx of federal and state funds has created an opportunity for cities to make once-in-a-generation investments that can secure long-term, sustainable, and equitable growth. However, much of the funding is arriving through a wide array of different programs (e.g., block grants, tax incentives, formula grants, competitive grants) from different agencies, all of which have different application and reporting requirements. As a result, it is imperative that cities organize themselves to make the most of these opportunities.

Discussion
The City’s goals in participating in the Aspen City Learning Lab program, and developing an Investment Playbook, are to utilize all available tools at our disposal to ensure the City of San Bernardino is well positioned to 1) assist small business owners during the economic recovery post-COVID19, and 2) take advantage of federal, state, and philanthropic funding opportunities, that can be directed at economic and community priorities.

City Learning and Action Lab Update
The Aspen Institute Latinos & Society “City Learning and Action Lab” is a program featuring five (5) Latino majority cities/communities around the country (Miami, Chicago, El Paso, San Antonio, and San Bernardino). As co-anchors in the program, the City and California State University San Bernardino (CSUSB) were tasked with creating an Entrepreneurial Ecosystem Steering Committee (EESC) made up of key stakeholders from public, private, and civic sectors, to develop and recommend a key action that would stimulate economic recovery and strengthen the entrepreneurial ecosystem.

The program consists of four (4) distinct objects: Learning about actionable economic recovery and small business growth strategies focused on minority-owned businesses; Collaborating with leaders from other participating cities and fostering strong relationships; Connecting with federal policymakers and national funding sources to identify and leverage federal stimulus funding and philanthropy to accelerate small business recovery and growth strategies; and Acting on at least one policy, program, and/or practice that will strengthen San Bernardino’s entrepreneurial ecosystem.

In October of 2021, the EESC began meeting regularly to review national, regional, and local economic data to better guide their discussions. The committee also hosted working meetings with City staff and Aspen Institute economists to brainstorm a key action they could recommend to the Mayor and City Council. On February 2, 2022, City staff presented the key action that was developed in collaboration with the EESC as part of a report that recommended allocating American Rescue Plan Act funds:

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Establish a one-stop shop of Education, Creativity, and Innovation (physical location) and digital platform to connect local home-based and small businesses with resources, a manufacturing workspace, training, and access to capital/customers to scale their businesses.

The Mayor and City Council approved the staff recommendation and allocated $1 million towards the development of a proposed Entrepreneurial Resource Center.

Since February, staff have been working with CSUSB’s Center for Entrepreneurship to combine resources and expertise to establish the center in the downtown San Bernardino corridor. Currently, City staff and CSUSB are in the latter stages of developing this project. Staff envisions that the one stop shop for City of San Bernardino small business owners and entrepreneurs will include, but will not be limited to, the following programmatic elements:

1. Dedicated physical space (San Bernardino Hub of Creativity and Innovation).

2. Workspace Equipment.

3. Full-Time Technical Advisors and a Director (to provide programmatic support, analyze data & provide evaluations).

4. Entrepreneurial support from outside organizations who work in the small business space (organizations would provide services to entrepreneurs to support the ecosystem).

5. Digital platform (GIS mapping of ecosystem businesses & software to connect businesses across the City with each other).

6. Promotores (e.g. small business community ambassadors).

City staff anticipate returning to the Mayor and City Council in early 2023 with an agenda item specific to the Entrepreneurial Resource Center that includes a final programmatic overview and budget.

City of San Bernardino Investment Playbook
Development Process: The development of the playbook has been led by City staff, Bruce Katz, and his team at New Localism Associates. Similar playbooks have been developed in Buffalo, New York and Erie, Pennsylvania. Local knowledge and expertise form the backbone of the San Bernardino Investment Playbook. Unlike traditional economic development approaches that rely on outside knowledge and one-size-fits-all replication of investments made elsewhere, investment playbooks begin and end with community input.

More than fifty in-depth individual and group interviews with community stakeholders surfaced invaluable information about the concerns and aspirations of San Bernardino residents and provided context and inspiration for the playbook as a whole. These conversations identified six priority areas—Capacity, Infrastructure, Packet Pg. 397
Housing, Innovation, Entrepreneurship, and Community—as well as the individual projects within each category. Specific projects were developed in close collaboration with key community partners, including El Sol Neighborhood Educational Center, Just San Bernardino and its member organizations, and Uplift San Bernardino.

The time, wisdom, and creativity that these community partners and other local organizations and individuals have contributed over the past eight months resulted in an investment playbook that is authentic to the needs and ambitions of the San Bernardino community.

It is important to note that although staff are presenting the most recent draft, the investment playbook is meant to be a living document that will continue to be refined based on feedback from the Mayor and City Council, the public, and key stakeholders. After a final round of feedback staff intends to return to the Mayor and City Council in early 2023 for formal adoption of the investment playbook.

Investment Playbook Overview:

1. Key Stake holders
o City and county government
o Community-based organizations
o Institutions of higher education
o Philanthropies
o Private sector
o Tribal representatives

2. Project Selection
o Build on San Bernardino’s unique assets and advantages o Leverage market momentum and promising initiatives underway o Unlock federal, state, and local resources
o Drive equitable growth via community wealth-building strategies

3. Projects Status Indictors
o Ready-to-go: Project design largely complete, with components costed out o Last-mile: Additional support needed to get specific on design and cost o Exploratory: Early-stage and largely undeveloped

4. Project Categories
o Capacity - Ensure that stakeholders have the capacity to design and implement projects
• Key Project – Nerve Center/Project Implementation Team o Infrastructure - Create a sustainable and connected platform for equitable growth
• Key Projects – City-wide Fiber installation, Complete Streets, City Hall, Zero Emissions Buses
o Housing - Increase housing density near multimodal transit Packet Pg. 398
• Key Projects – Carousel Mall, Homelessness Initiative, Homeownership Initiative
o Innovation - Invest in key drivers of the Inland Empire economy • Key Projects – Sustainable Mobility Hub, Downtown Satellite Campus, National Security Innovation Ecosystem
o Entrepreneurship - Support startup activity and small business success • Key Projects – Entrepreneurial Resource Center, Food
Entrepreneurship Hub, Center for Youth Financial Literacy and Entrepreneurship
o Community - Expand opportunities and improve outcomes for all residents • Key Projects - Olympic Aquatic Center, Cybersecurity Tech Workforce Hub, Arts Corridor, Institute for Child
Development and Family Relations – Downtown
Next Steps:

1. Launch Nerve Center. An implementation team dedicated to securing funding and working with stakeholders/city staff to fully implement Playbook projects. The City is currently working through the procurement process to identify eligible firms.

2. Raise local capital and grow local capacity first. In order to build momentum and capacity for these transformational projects, San Bernardino will need to raise considerable local capital.

3. Match local uses with available funding sources. Once project specifics and costs are ironed out, the Nerve Center will work with local stakeholders to secure funding for projects.

4. Deploy Delivery Teams. Last-mile and Exploratory Playbook projects will need further development in order to move forward. Delivery Teams composed of local stakeholders can help ensure that these high-impact but less-concrete projects come to fruition.

5. Break ground on projects as soon as possible. All Playbook stakeholders should have a bias toward action and maintaining momentum. 2021-2025 Strategic Targets and Goals
The City of San Bernardino's participation in the Aspen Institute City Learning and Action Lab, and the development of a City of San Bernardino Investment Playbook aligns with Key Target No. 4: Economic Growth & Development.

Fiscal Impact
There is no fiscal impact associated with receiving and filing an update on the City’s participation in the Aspen Institute’s City Learning and Action Lab, and the Packet Pg. 399
development of the City of San Bernardino Investment Playbook.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the City's participation in the Aspen Institute City Learning Action Lab, and development of the City of San Bernardino Investment Playbook.

Attachments
Attachment 1 City of San Bernardino Investment (November 2022 Draft) Ward:

All
Synopsis of Previous Council Actions:

August 18, 2021 The Mayor and City Council received and filed a report of the City’s participation in the Aspen Institute’s City Learning and Action Lab.

Packet Pg. 400
San Bernardino
Investment Playbook
Transformative investments to
catalyze sustainable and equitable
economic growth

N E W L O C A L I S M A S S O C I A T E S
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022
Packet Pg. 401
Contents
Summary
Context
Playbook Vision
Playbook Projects
Next Steps
Packet Pg. 402
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 3 Stakeholders
City and county government
Community-based organizations
Institutions of higher education
Philanthropies
Private sector
Tribal representatives
Partners and funders
Aspen Latinos and Society Program
Irvine Foundation
Playbook design and coaching
New Localism Associates
The City of San Bernardino, Aspen Institute, and Irvine Foundation developed this Investment Playbook based on input from local stakeholders Each project was selected based on its ability to:
• Build on San Bernardino’s unique assets and advantages • Leverage market momentum and promising initiatives
underway
• Unlock federal, state, and local resources
• Drive equitable growth via community wealth-building
strategies
Projects that made the cut took one of three forms:
• Ready-to-go: Project design largely complete, with
components costed out
• Last-mile: Additional support needed to get specific on design and cost
• Exploratory: Early-stage and largely undeveloped
Packet Pg. 403
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 4 This Playbook will catalyze investment in the building blocks of an equitable, sustainable, and prosperous San Bernardino Infrastructure
Create a sustainable
and connected platform
for equitable growth
Housing
Increase housing
density near multimodal
transit
Innovation
Invest in key drivers of
the Inland Empire
economy
Entrepreneurship
Support startup activity
and small business
success
Community
Expand opportunities
and improve outcomes
for all residents
Capacity
Ensure that
stakeholders have the
capacity to design and
implement projects
Packet Pg. 404
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 5 Proposed ready-to-go projects total roughly $1 billion
Given that only 20 of the 36 projects have been costed out thus far (in bold below), we expect that the total cost of implementing the entire Playbook will exceed $1 billion.

Community
Cybersecurity Tech
Workforce Hub
El Sol Holistic
Campus
Community
Leadership
Empowerment
Workshop
Olympic Aquatic
Center
Institute for Child
Development and
Family Relations –
Downtown
Economic Opportunity
Center
E Street Arts Corridor
Inland Port Career
Resource Center
Purposeful Pathways
Infrastructure
Zero-Emission Buses
Complete Streets
Fiber Network
Installation
Enhanced
Infrastructure
Financing District
City Hall Renovation
Climate-Ready SB
Housing
Carousel Mall
Heart of Mobility
Homelessness
initiative
Homeownership
initiative
Downtown Habitat for
Humanity Project
Permanent Residential
Real Estate Cooperative
Innovation
Sustainable Mobility
Hub
National Security
Innovation Ecosystem
Enterprise District
Sustainable Logistics
Center of Excellence
Downtown Satellite
Campuses
Annual Climate
Readiness Summit
Entrepreneurship
Entrepreneurial
Resource Center
Food
Entrepreneurship Hub
Supply SB
Local Small Business
Retail Plaza
Center for Youth
Financial Literacy and
Entrepreneurship
Capacity
Nerve Center
City Staffing Surge
Climate Solutions Team
Technical Assistance for
Community
Organizations
Packet Pg. 405
Contents
Summary
Context
Playbook Vision
Playbook Projects
Next Steps
Packet Pg. 406
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 7 Local leaders need to organize to make the most of this unprecedented funding Federal investments
American Rescue Plan Act ($1.9T)
enacted March 2021
Infrastructure Investment & Jobs Act
($1.2T, of which $549B is new spend)
enacted November 2021
CHIPS and Science Act ($280B)
enacted August 2022
Inflation Reduction Act ($490B)
enacted August 2022
CA state investments
General Fund Surplus ($47.7B)
Community Economic Resilience Fund ($600M)
SB 156 funds for broadband ($6B)
Other funds TBD
A historic sequence of federal and state investments
Packet Pg. 407
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 8 Cities must align disjointed federal and state funding
sources with specific local projects
This alignment process will require careful planning, thoughtful engagement, and increased capacity within local government as well as nonprofit and civic organizations EDA
competitive
grant
State noncompetitive
grant
Local
investors
DoD
grant
Federal and
state tax
incentives
Private
sector
debt
HUD
block
grant
Low-interest
loan from local
philanthropy
DOT
competitive
grant
Packet Pg. 408
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 9 An Investment Playbook helps match local projects
to federal and state funds
Community

1. DEFINE PRIORITIES
Infrastructure
Housing

2. IDENTIFY PROJECTS
Project 1
Project 2

3. SECURE FUNDING
Civic & Philanthropic
Private Sector
State Government
Federal Government
Innovation
Entrepreneurship
Project 3
Project 4
Project 5
Project 6
Project 7
Project 8
Project 9
Project 10
Capacity
Project 11
Project 12
Packet Pg. 409
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 10 Playbooks evolve over time as new funds come
available and new projects emerge
Identify local projects
and available funds
Design and
cost out projects
Secure
funds
Launch projects
and adapt as needed
Track progress
over time
Investment
Playbook
Lifecycle
Packet Pg. 410
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 11 A growing number of cities are using Investment
Playbooks to organize themselves for action
San Bernardino
Phoenix
El Paso
San Antonio
Rochester
Buffalo
Pittsburgh Philadelphia
Dayton
Greensboro
Erie
Flint
Packet Pg. 411
The Buffalo East Side Avenues Initiative is one of the most ambitious community wealth building efforts in the country. After a successful initial phase of investments in small business, placemaking, and workforce development along four historically disinvested commercial corridors, the project team assembled an Investment Playbook to map out its next phase of work. This Playbook has helped the Buffalo East Side Avenues Initiative secure $200M in federal, state, private, and philanthropic support.

LIVING DOCUMENT – UPDATED SEPTEMBER 4, 2022 N E W L O C A L I S M A S S O C I A T E S | 12 Investment Playbook: Buffalo, NY
Packet Pg. 412
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 13 This Playbook focuses on Downtown San Bernardino
A small geography with outsized impact
Located in the Inland Empire some 60 miles east of Los Angeles, it is part of the Riverside-San Bernardino-Ontario MSA, which is the largest MSA by size and 13th largest by population.

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LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 14 The nation’s first 21st-century city
With inexpensive city-owned land, historic buildings, and close proximity to multimodal transit and innovation-intensive institutions of higher education, downtown San Bernardino has an opportunity to reclaim its position as one of the crown jewels of the Inland Empire.

Low density, high potential
Underpopulated and underinvested today, downtown San Bernardino holds out the prospect of sustainable urban living in a suburban setting.

The public face of San Bernardino
A reinvigorated, climate-ready urban core will improve quality of life throughout the city, making it more attractive for current and prospective residents and businesses alike.

Key to solving the climate crisis
From transit-oriented development and housing density to electric vehicle (EV) infrastructure and energy-efficient buildings, downtowns have an outsized role to play in the race for climate readiness.

Why Downtown San Bernardino?
Packet Pg. 414
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 15 Local knowledge and expertise form the backbone of
the San Bernardino Investment Playbook
Dozens of in-depth individual and group interviews with community stakeholders surfaced invaluable information about the concerns and aspirations of San Bernardino residents and provided context and inspiration for the Playbook as a whole.

These conversations identified six priority areas—Capacity, Infrastructure, Housing, Innovation, Entrepreneurship, and Community—as well as the individual projects within each category.

Specific projects were developed in close collaboration with key community partners, including El Sol Neighborhood Educational Center, Just SB and its member organizations, and Uplift SB.

Packet Pg. 415
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 16 A suite of priority projects were identified through
individual and group interviews with local stakeholders Each project was selected based on its ability to:
• Build on San Bernardino’s unique assets and advantages • Leverage market momentum and promising initiatives underway • Unlock federal, state, and local resources
• Drive equitable growth via community wealth-building strategies Projects that made the cut took one of three forms:
• Ready-to-go: Project design largely complete, with components costed out • Last-mile: Additional support needed to get specific on design and cost • Exploratory: Early-stage and largely undeveloped
Packet Pg. 416
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 17 A blank slate
Downtown San Bernardino is a space of possibility, with inexpensive land, historic buildings, solid access to multimodal transportation, and close proximity to world-class research capacity at CSUSB, UCR, and CARB Change is possible
Many San Bernardino residents have deep faith that their city can finally turn the corner and achieve its promise
Leapfrog effect
Investment in a sustainable, accessible, well-connected downtown will give San Bernardino a chance to realize its full potential as an inland port In addition to surfacing projects, conversations with
stakeholders revealed tremendous untapped potential
Source: New Localism Associates interviews Packet Pg. 417 LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 18 Coordinated investments can benefit everyone
Inland Empire
San Bernardino
County
City of
San Bernardino
Downtown
San Bernardino
Place-based projects invest in a target
geography, creating benefits that ripple
out to the city, county, and region
Cross-cutting projects provide farreaching benefits such as climate readiness, workforce development,
broadband, and entrepreneurial support
Capacity-building investments ensure
that local stakeholders are ready to
design and implement projects
Packet Pg. 418
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 19 Conventional approaches
will not lead to better outcomes
One-and-done planning
Top-down decision making
Little coordination across siloes
Investments don’t benefit everyone
Longstanding disparities remain
unresolved
Equitable growth requires
a different approach
Iterative and continuously evolving
Anchored in community needs and
distinctive local strengths
Investments coordinated for
maximum impact
Designed to address disparities and
improve quality of life for all residents
Successful Playbooks require a new way of working
Packet Pg. 419
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 20 Identify local projects
and available funds
Design and
cost out projects
Secure
funds
Launch projects
and adapt as needed
Track progress
over time
Investment
Playbook
Lifecycle
This Playbook marks the first stage of an iterative approach to ongoing transformational investment in equitable growth Packet Pg. 420
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 2 Continued Playbook iteration will be needed
Federal funding
as impetus
This Investment Playbook was developed in response to the American Rescue Plan and the Infrastructure Investment and Jobs Act.

Stakeholders identified relevant projects based on local needs • Ready-to-go: Design largely complete, components costed out • Last-mile: Additional work needed on design and costs • Exploratory: Early-stage and largely undeveloped
First phase
of projects
New funding
creates new
possibilities
A more extensive design process will be needed to make the most of the recent influx of federal and state funding (e.g., CHIPS and Science Act, Inflation Reduction Action, CA climate and housing legislation). A six-month design sprint will allow San Bernardino to identify new opportunities and get projects ready to go.

Packet Pg. 421
Contents

N E W L O C A L I S M A SS O C I A T E S
Summary
Context
Playbook Vision
Playbook Projects
Next Steps
Packet Pg. 422
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 23 This Investment Playbook brings together big moves
that will benefit all residents
Community
Cybersecurity Tech
Workforce Hub
El Sol Holistic Campus
Community Leadership
Empowerment
Workshop
Olympic Aquatic Center
Institute for Child
Development and
Family Relations –
Downtown
Economic Opportunity
Center
E Street Arts Corridor
Inland Port Career
Resource Center
Purposeful Pathways
Infrastructure
Zero-Emission Buses
Complete Streets
Fiber Network
Installation
Enhanced Infrastructure
Financing District
City Hall Renovation
Climate-Ready SB
Housing
Carousel Mall
Heart of Mobility
Homelessness initiative
Homeownership
initiative
Downtown Habitat for
Humanity Project
Permanent Residential
Real Estate Cooperative
Innovation
Sustainable Mobility Hub
National Security
Innovation Ecosystem
Enterprise District
Sustainable Logistics
Center of Excellence
Downtown Satellite
Campuses
Annual Climate
Readiness Summit
Entrepreneurship
Entrepreneurial
Resource Center
Food Entrepreneurship
Hub
Supply SB
Local Small Business
Retail Plaza
Center for Youth
Financial Literacy and
Entrepreneurship
Capacity
Nerve Center
City Staffing Surge
Climate Solutions Team
Technical Assistance for
Community
Organizations
Packet Pg. 423
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 24 Proposed ready-to-go projects total roughly $1 billion
Given that only 20 of the 36 projects have been costed out thus far (in bold below), we expect that the total cost of implementing the entire Playbook will exceed $1 billion.

Community
Cybersecurity Tech
Workforce Hub
El Sol Holistic
Campus
Community
Leadership
Empowerment
Workshop
Olympic Aquatic
Center
Institute for Child
Development and
Family Relations –
Downtown
Economic Opportunity
Center
E Street Arts Corridor
Inland Port Career
Resource Center
Purposeful Pathways
Infrastructure
Zero-Emission Buses
Complete Streets
Fiber Network
Installation
Enhanced
Infrastructure
Financing District
City Hall Renovation
Climate-Ready SB
Housing
Carousel Mall
Heart of Mobility
Homelessness
initiative
Homeownership
initiative
Downtown Habitat for
Humanity Project
Permanent Residential
Real Estate Cooperative
Innovation
Sustainable Mobility
Hub
National Security
Innovation Ecosystem
Enterprise District
Sustainable Logistics
Center of Excellence
Downtown Satellite
Campuses
Annual Climate
Readiness Summit
Entrepreneurship
Entrepreneurial
Resource Center
Food
Entrepreneurship Hub
Supply SB
Local Small Business
Retail Plaza
Center for Youth
Financial Literacy and
Entrepreneurship
Capacity
Nerve Center
City Staffing Surge
Climate Solutions Team
Technical Assistance for
Community
Organizations
Packet Pg. 424
Contents

N E W L O C A L I S M A SS O C I A T E S
Summary
Context
Playbook Vision
Playbook Projects
Next Steps
Packet Pg. 425
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 26 Capacity
Implementing the Investment Playbook will require thoughtful collaboration and coordination across the public, private, civic, philanthropic, and nonprofit sectors. These investments will ensure that local stakeholders have the capacity to design and implement projects and drive Playbook evolution.

Ready-to-go:
• Nerve Center ($TK M)
Last-mile:
• Staffing Surge
Exploratory:
• Climate Action Team
• Technical Assistance for Community Organizations
Packet Pg. 426
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 27 Capacity: Nerve Center
Cost
$TK M Staffing
$TK M Overhead
Total: $TK M
Ready-To-Go
The Nerve Center will oversee Playbook implementation and help ensure that all activities are well coordinated and aligned with identified priorities. This entity will not replace the efforts of those organizations that are implementing the work. Rather, the Nerve Center will coordinate among all stakeholders to ensure consistent communication, drive collaboration, and reduce duplicative efforts.

Objectives
• Ensure a bias for action and coordination across investments • Keep Playbook on schedule and on budget
• Support Playbook evolution as new projects and priorities emerge Packet Pg. 427
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 28 Capacity: Staffing Surge Last-Mile
The number and complexity of projects proposed in the Investment Playbook exceed the current capacity of city staff. A temporary staffing surge (whether within or alongside City Hall) will help ensure that projects are implemented on time, on budget, and with fidelity. This surge will include specialists in infrastructure, housing, sustainability, and transportation as well as analysts with skills in GIS, policy, and fiscal support. The surge period could be extended depending on how staffing needs evolve.

Objectives
• Increase capacity for project development and implementation • Ensure access to subject matter expertise
• Identify opportunities for accelerated Playbook implementation Packet Pg. 428
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 29 Capacity: Technical Assistance for Community Organizations Exploratory A technical assistance program for community organizations will help local nonprofits play an active role in Playbook project design and implementation. Eligible nonprofits will receive ten hours of one-on-one consulting tailored to their most pressing concerns (e.g., accounting, internal controls, grant writing and management, data collection and analysis, strategic planning, long-term budget development, governance structures, staffing, technological solutions). Group trainings and peer learning opportunities will complement one-on-one support and create opportunities for local organizations to build connections, share lessons learned, and engage in collaborative problem solving.

A delivery team will determine the scale and specific components of this initiative, develop cost estimates, establish eligibility criteria, conduct an RFP process to secure consultants, and devise a roadmap for securing funds and phased implementation.

Objectives
• Increase nonprofits’ capacity for service delivery, strategic planning, fundraising, and other core functions
• Enhance capabilities of community-based organizations • Support development and implementation of Playbook projects Packet Pg. 429
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 30 Capacity: Climate Solutions Team Exploratory
A 3-to-4-person Climate Solutions Team (CST) will provide leadership, coordination, and support for the Climate Ready SB initiative (see Infrastructure section for detail). Working with local stakeholders and subject matter experts, the CST will identify, design, and deliver a holistic suite of investments that advance the City’s climate goals.

The CST will help stakeholders determine how best to coordinate action and contribute to this massive undertaking. It will oversee all investments related to climate readiness and will co-produce the Annual Climate Readiness Summit, a destination event with broad relevance for all working to address the climate crisis. Areas for action include active transportation investments, building electrification, energy efficiency retrofits, EV infrastructure, heat mitigation, power grid upgrades, renewable energy, urban greening, and ZE public transit.

Objectives
• Position San Bernardino in the vanguard of climate action • Improve health outcomes and quality of life for area residents • Significantly reduce the City’s reliance on carbon-based energy Packet Pg. 430
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 3 Infrastructure
Ready-to-go:
• Zero-Emission Buses ($400.5M)
• Complete Streets ($28.2M)
• Fiber Network Installation ($166M)
• City Hall Renovation ($93M)
• Enhanced Infrastructure Financing District (n/a)
Exploratory:
• Climate-Ready SB
Climate action has become an existential imperative. These investments will ensure that San Bernardino is climate-ready by creating a platform for resilient and connected growth Packet Pg. 431
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 32 Capacity: Zero-Emission Buses Ready-To-Go
Cost
$200 M Vehicles
$45 M Charging/fueling infrastructure
$155 M Operations and maintenance
$500 K Apprenticeship program
Total: $400.5 M
Omnitrans will transition to an all-zero-emission bus fleet for its 40-foot buses by 2040. This multi-stage effort will require extensive investment across several domains, including fleet acquisition, maintenance facility upgrades, design and construction of fueling stations, operation and maintenance of fueling/charging stations, and hydrogen fuel (liquid or gas). A new last-mile shuttle service will encourage ridership by improving connections to downtown employment hubs. Omnitrans will also work to prepare workers to operate and maintain zero-emission vehicles, with training for incumbent workers and a new paid apprenticeship program in collaboration with San Bernardino Valley College.

Objectives
• Position San Bernardino in the vanguard of climate action • Significantly reduce the City’s reliance on carbon-based energy • Improve health outcomes and quality of life for area residents Packet Pg. 432
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 33 Capacity: Complete Streets Ready-To-Go
Investment in street improvements, street signage and striping, street trees, and transit signal prioritization for the sbX Green Line will help make downtown San Bernardino a more inviting urban environment for those traveling on foot, by bicycle, and via public transit. These measures will enhance beautification and implement design standards informed by community needs and local culture.

Objectives
• Create a safe, accessible, walkable downtown that supports a variety of multimodal transportation options
• Mitigate heat downtown by expanding the urban tree canopy • Enhance the visual appeal of downtown streets
Cost
$18.2M Street improvements, signage, striping, etc.
$3.2M Street tree planting
$6.8M sbX transit signal prioritization
Total cost: $28.2 M
Packet Pg. 433
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 34 Capacity: Fiber Network Installation Ready-To-Go
Cost
$150 M Installation
$16 M Digital Access Initiative
Total: $166 M
Installation of a citywide fiber network will ensure that San Bernardino residents, businesses, and organizations have the connectivity they need. A companion Digital Inclusion Initiative led by an organization with community standing will conduct outreach and provide equipment and training to residents from historically disadvantaged and disinvested communities so that all can benefit from this investment.

Objectives
• Expand access to high-speed Internet citywide
• Establish San Bernardino as an attractive location for innovation-intensive companies and research institutions
• Address racial and ethnic disparities in high-speed Internet access and usage Packet Pg. 434
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 35 Capacity: Enhanced Infrastructure Financing District Ready-To-Go The City of San Bernardino will establish a citywide Enhanced Infrastructure Financing District (EIFD) in order to raise funds for needed public improvements. EIFD funding can be used for public improvements that provide community benefit and have an expected useful life of 15 years or more. Improvements under consideration include street improvements (e.g., re-paving, replacement of curbs, gutters, and sidewalks), park improvements (e.g., landscaping and irrigation system improvements, playground equipment), and improvements for public libraries, community centers, public safety facilities, and other city-owned facilities.

Objectives
• Address longstanding and future infrastructure needs
• Improve public perception and quality of life for current and prospective residents and businesses Cost
The cost to establish a citywide EIFD is minimal and will primarily consist of city staff time.

Packet Pg. 435
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 36 Capacity: City Hall Renovation Ready-To-Go
San Bernardino’s seven-story, 105,000 square-foot City Hall opened in 1974 as part of a centralized publicsector campus in the heart of downtown. In order to bring this facility back to full use, the now-unoccupied building will undergo a wholesale renovation that will include seismic retrofitting and removal and replacement of all core systems and components (e.g., HVAC, electrical, plumbing, ADA accessibility, fire protection, telecom, windows).

Objectives
• Modernize City Hall so that the building better serves City staff, residents, and visitors • Create a revitalized center of civic activity that inspires community pride Cost
$25 M Architectural work
$20 M Seismic retrofit
$15 M HVAC
$10 M Fire protection
$10 M Site improvements
$8 M Plumbing
$5 M Electrical
Total: $93 M Packet Pg. 436
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 37 Infrastructure: Climate-Ready SB Exploratory
Over the next five years, the City will embark on an extensive suite of investments that will together position San Bernardino as a leader on climate action. Investments in EV infrastructure, heat mitigation, transit decarbonization, community solar, and other climate-relevant areas will create a downtown that is powered by clean, renewable energy. The Climate Solutions Team (CST) will oversee these investments with an eye toward leveraging existing efforts and encouraging cross-sector collaboration to accelerate decarbonization. The CST will also work with stakeholders to ensure a just transition to carbon zero that sparks equitable economic growth and improves quality of life for all area residents.

The CST will serve as the delivery team for Climate Ready SB. It will seek out subject matter experts and local stakeholders, identify needed investments, develop cost estimates, and devise a roadmap that stages and sequences investments for effective implementation. Total cost cannot be estimated until the specific elements of the roadmap are identified but given the number of infrastructure-related projects involved, the level of investment will be substantial.

Objectives
• Position San Bernardino as a leader on climate action and decarbonization • Create a cleaner and healthier environment for San Bernardino residents and businesses Packet Pg. 437
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 38 Housing
Ready-to-go:
• Carousel Mall Redevelopment ($37M)
• Heart Of Mobility TOD Project ($22M – 30M)
• Homelessness Initiative ($52.5M – 72.5M)
• Homeownership Initiative ($15M)
• Downtown Habitat for Humanity Project ($TK)
Exploratory:
• Permanent Residential Real Estate Cooperative
Though hollowed out today, the downtown core has a number of attributes that make it an attractive geography for transit-oriented redevelopment. By increasing housing density downtown and improving access to affordable housing, these investments will spark market interest and provide attractive options for area residents seeking an affordable, walkable, urban way of life.

Packet Pg. 438
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 39 Housing: Carousel Mall Redevelopment Ready-To-Go
Cost
$5 M Planning
$12 M Site preparation / demo
$5 M Labor
$5 M Streetscaping and urban greening
$10 M Workforce development
Total: $37 M
Redevelopment of this long-vacant 43-acre property will send a clear signal that downtown San Bernardino is poised for a comeback. The project will bring new life downtown by creating space for academic and research institutions, industry, small businesses, workforce development, and other key contributors to the local innovation ecosystem. In addition, it will re-establish the historic street grid, expand workforce housing, and implement urban forestry and placemaking measures to enhance sustainability and walkability downtown.

Objectives
• Jumpstart sustainable development and expand accessible workforce housing downtown • Boost employment among San Bernardino residents through quality job creation and clear, well supported career pathways
• Advance equitable economic development in the city via local hire and local procurement provisions Packet Pg. 439
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 40 Housing: Heart of Mobility Ready-To-Go
Cost
$10 M Active Transportation Plan
$6M-10M Seccombe Lake workforce housing
$6M-10M Transit center/ballfield workforce housing
Total: $22 M – 30 M
This transit-oriented development project will complement the Carousel Mall redevelopment and catalyze investment and increased housing density near the transit center, which sits at the south end of downtown. This initiative will work to improve resident health and reduce pollution and greenhouse gas emissions by diversifying transportation options in underserved communities and encouraging construction of walkable workforce and student housing in and around the downtown (including the Seccombe Lake inclusionary housing project, which will be led by a public-private partnership). The project will incorporate a wide range of climate-friendly measures, including energy-efficiency improvements for low-income residents, parking lot solar canopies, residential and commercial renewable energy, urban greening collaborations with local community college and elementary schools.

Objectives
• Create a vibrant, walkable, transit-oriented downtown • Enhance quality of life for all who frequent the core • Improve climate readiness in and around downtown
• Mitigate the ongoing housing crisis
Packet Pg. 440
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 4 Housing: Homelessness Initiative Ready-To-Go
Cost
200-bed interim housing
$26M-30M Construction
$15M-20M Operations (5 years)
60-100-unit student housing
$10M-20M Construction
$1.5M-2.5M Operations (5 years)
Total: $52.5M - 72.5M over 5 years
In order to meet rising demand among unhoused San Bernardino residents, the City is partnering with local stakeholders and nonprofits to expand interim / transitional housing options. Two projects—a 200-bed interim housing facility for men and men with children and a 60-100-unit transitional / permanent student housing complex—will provide additional shelter capacity and improve access to supportive services (e.g., substance abuse counseling, behavioral health, medical care, workforce training, assistance with entitlement benefits) in order to help homeless individuals successfully exit homelessness.

Objectives
• Expand availability of supportive housing for individuals experiencing homelessness • Improve student success by ensuring that homeless San Bernardino Valley College students have access to stable housing and wraparound support services Packet Pg. 441
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 42 Housing: Homeownership Initiative Ready-To-Go
Cost
$5M Down payment assistance loans
$4M Revolving loan fund
$4M Housing trust fund
$2M Homeownership counseling and credit repair
Total cost: $15 M
Increased homeownership can transform the lives of many San Bernardino residents by promoting stability and helping households build wealth over time. The City’s Homeownership Initiative will invest in programs to help prospective homebuyers overcome barriers to homeownership. These efforts will connect potential homeowners to financial assistance (e.g., grants and loans to help with down payments and/or closing costs) and buyer readiness programming (e.g., credit repair, education, counseling). It will also secure funds (including gap financing) to develop additional workforce housing that can be sold to low- to moderate-income residents.

Objectives
• Expand access to affordable workforce housing
• Reduce housing cost burden on San Bernardino households • Increase the number of San Bernardino residents who own their homes Packet Pg. 442
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 43 Housing: Downtown Habitat for Humanity Project Ready-To-Go Cost
$TK M TK
$TK M TK
Total: $TK M
Habitat for Humanity San Bernardino will construct three four-bedroom houses in the northwest corner of downtown San Bernardino as part of its well-established Homeownership program. These three houses will enable three local low-income households to become first-time home-buyers.

Objectives
• Expand availability of affordable workforce housing
• Reduce cost burden on San Bernardino households
• Increase homeownership among San Bernardino residents Packet Pg. 443
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 44 Housing: Permanent Residential Real Estate Cooperative Exploratory The Uplift SB Housing Working Group will work with relevant stakeholders to establish the City’s first Permanent Residential Real Estate Cooperative (PRREC). Unlike a traditional housing cooperative made up of those living in a particular building, the PRREC will sell individual shares to community members interested in local control of and investment in San Bernardino’s neighborhoods.

Members who live on the PRREC’s properties “will have [a] long-term renewable ‘diminishing rent lease’…[that] simulate[s] direct homeownership in many ways: tenants build equity and payments lessen over time as the building is paid off.” If a member-tenant decides to move out, they “sell” their lease in exchange for “a predetermined price based on their equity contributions to date,” which will ensure “a modest return…as well as compensation for improvements.”
Uplift SB will also work with the PRREC to connect local community members to programs and services that can increase homeownership readiness, avoid displacement, and support community wealth-building.

The Uplift SB Housing Working Group will identify specific project elements, develop cost estimates, determine the appropriate ownership model, and devise a roadmap for securing funding, property acquisition, and phased implementation.

Objectives
• Preserve and expand the inventory of affordable housing in the City of San Bernardino • Increase lower-income residents’ access to wealth-building mechanisms • Encourage local investment in and control of residential real estate Packet Pg. 444
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 45 Innovation
Ready-to-go:
• Sustainable Mobility Hub ($36.5M)
• National Security Innovation Ecosystem ($161M)
Last-mile:
• Enterprise District
• Downtown Satellite Campuses
Exploratory:
• Sustainable Logistics Center of Excellence
• Annual Climate Readiness Summit
Today’s economy is powered by innovation. From the latest in clean tech to that new small business down the block, innovators develop ideas, create jobs, and help regional economies grow. These investments will strengthen key drivers of the area economy in order to produce more competitive sectors, a stronger entrepreneurial culture, and a greater number of quality jobs.

Packet Pg. 445
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 46 Innovation: Sustainable Mobility Hub Ready-To-Go
Cost
$25M Facilities
$2.5M Staff (5 years)
$2.5M Operations (5 years)
$0.5M Programming (5 years)
$5M Research funding
$1M Leadership development program
Total : $36.5M over five years
Located in the heart of downtown, this hub will serve as a central location for interdisciplinary collaboration and innovation in the sustainable movement of people and goods, with ample space for meetings, workshops, and public events. CSUSB and UCR researchers, visiting scholars, private-sector leaders, public-sector actors, and local communities will come together to understand the current state of regional mobility and supply chain systems and develop a new vision for sustainable mobility that is grounded in a community-based perspective. It will house a leadership training program for business, government, and community-based organization stakeholders interested in sustainable practices. It will also encourage technology commercialization and company formation with help from the nearby Entrepreneurial Resource Center and will connect earlystage firms with opportunities to test and implement solutions that benefit area residents.

Objectives
• Establish the Inland Empire as a leader in sustainable mobility solutions • Conduct community-informed research in order to advance clean tech, sustainable growth, and job quality in logistics • Improve quality of life and health outcomes for area residents by implementing sustainable logistics and transportation Packet Pg. 446
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 47 Innovation: National Security Innovation Ecosystem Ready-To-Go Cost
$1 M Phase 1 (24 months)
$160 M Phase 2 (10 years)
Total: $161 M
The NSF Regional Innovation Engines Project will build a coalition of academic institutions, nonprofits, companies, government entities, and others intent on creating a model regional innovation ecosystem. Led by the Inland Empire Center for Entrepreneurship (IECE) and School of Entrepreneurship (SoE) at CSUSB, this effort will galvanize user-inspired research, technology translation, and workforce development throughout the Inland Empire. Commercialization of national security innovations will be a central focus of this project. The ecosystem will identify new ways to connect innovations with a risk-taking entrepreneurial culture in order to drive userinspired research and development and increase the translation of innovation to practice, which will in turn strengthen the regional economy.

Objectives
• Develop an effective ecosystem to support innovation-based economic development • Commercialize novel technologies and support entrepreneurship • Build a platform for regional innovation
• Ensure underrepresented inventors and founders have equal access to defense-related innovation, intellectual property, commercialization support, and funding Packet Pg. 447
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 48 Innovation: Enterprise District Last-Mile
An Enterprise District along E Street will re-establish downtown San Bernardino as a landmark destination in the Inland Empire. Building on the heroic revitalization efforts underway at the historic Enterprise Building (320 North E St), the District will bring new life to this once-vibrant commercial corridor. Thoughtful rehabilitation of the iconic Enterprise, Harris, Heritage, and Woolworth Buildings will provide ample transit-accessible space for a number of Playbook projects. When combined with space for private-sector firms, this concentration of economy-shaping assets will boost innovation activity and encourage entrepreneurship, small business growth, and job creation in and around the downtown core. With close proximity to the San Bernardino Transit Center and sbX bus line as well as the E Street Arts Corridor, Carousel Mall redevelopment, and Heart of Mobility project, the Enterprise District will provide an ideal environment for workforce housing and local-serving businesses of all kinds, including restaurants, bars, coffeeshops, and boutiques.

A delivery team composed of decisionmakers from the Enterprise Building, the City of San Bernardino, CSUSB, Uplift SB, and other relevant stakeholders will identify specific project elements, develop cost estimates, and devise a roadmap for securing funds and phased implementation.

Objectives
• Cultivate a vibrant, amenity-filled downtown that encourages innovation, entrepreneurship, and small business growth
• Reestablish E Street as a dynamic commercial corridor and popular Inland Empire destination • Boost activity in downtown San Bernardino during and after workday hours Packet Pg. 448
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 49 Innovation: Downtown Satellite Campuses Last Mile
The high level of transit accessibility in Downtown San Bernardino makes it an ideal location for satellite branches of regional academic institutions. Whether independently or as part of a larger shared facility, California State University San Bernardino; California Baptist University; San Bernardino Community College District; and the University of California, Riverside will establish a physical presence in the downtown core in order to expand access to higher education and pathways into quality jobs.

A delivery team composed of stakeholders from participating academic institutions and city government will determine the size and scope of facilities needed, develop cost estimates, and devise a roadmap for securing funds and phased implementation.

Objectives
• Expand access to training, services, and resources provided by area academic institutions • Establish a physical presence for regional academic institutions in downtown San Bernardino Packet Pg. 449
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 50 Innovation: Sustainable Logistics Center of Excellence Exploratory A California Sustainable Logistics Center of Excellence in downtown San Bernardino will accelerate multidisciplinary, cross-sector innovation in order to address pressing challenges facing the logistics sector, including decarbonization and climate adaptation, skilled workforce development, and economic competitiveness and resilience. This 20,000 ft2facility will bring together key stakeholders from industry, academia, and government in order to establish the Inland Empire as a global exemplar of next-generation sustainable logistics. Special emphasis will be placed on building capacity to deliver educational programs and experiential learning opportunities to students from high school to PhD.

The Center will provide access to facilities where academic and industry partners can conduct demonstration projects on innovative new technologies. Partners will be able to use onsite facilities as well as a network of testbeds and specialized equipment located throughout the region. UCR’s Entrepreneurial Proof of Concept and Innovation Center (EPIC) and CSUSB’s Entrepreneurial Resource Center (ERC) will help technology startups access specialized mentorship and seed capital for proof-of-concept demonstrations. It will also support the formation of employer-led workforce development partnerships as well as collaborations among logistics companies on workforce development, decarbonization, and hyperconnected logistics models powered by multiparty networks and open synchromodal technologies.

Objectives
• Establish the Inland Empire as a global leader in sustainable logistics and supply chain innovation • Expedite decarbonization at scale in the logistics sector • Increase collaboration among industry employers, higher education, and other relevant stakeholders • Strengthen career pathways into quality jobs within the sustainable logistics sector Packet Pg. 450
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 5 Innovation: Annual Climate Readiness Summit Exploratory The City of San Bernardino and Inland Economic Growth and Opportunity (IEGO) in conjunction with the California Air Resource Board (CARB), California State University San Bernardino (CSUSB), and University of California Riverside (UCR), will host an Annual Climate Readiness Summit for those working to end reliance on carbon-based fuels throughout the world. Each year, industry leaders in logistics, transportation, manufacturing, and materials science; subject matter experts; K-16 education and workforce development; state and local government; Tribal representatives; community-based organizations; private-sector investors; and philanthropies will convene to set goals and priorities, share solutions and lessons learned, and identify next steps. This destination event will attract global thought leaders and key actors in the fight for carbon zero.

IEGO and the Climate Solutions Team will serve as the delivery team for this annual event. They will design the program, identify speakers and workshop facilitators, develop cost estimates, secure funding, and oversee event production.

Objectives
• Position San Bernardino in the vanguard of climate action • Provide a venue for sharing novel climate solutions and lessons learned • Build community and encourage collaboration among those involved in the rapid decarbonization effort
Packet Pg. 451
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 52 Entrepreneurship
Ready-to-go:
• Entrepreneurial Resource Center ($5M – 7.5M)
• Food Entrepreneurship Hub ($3.9M)
• Supply SB ($19M)
• Center for Youth Financial Literacy and Entrepreneurship Exploratory:
• Local Small Business Retail Plaza
Entrepreneurship and small business activity are important drivers of job growth, wealth creation, and economic resilience—provided that company founders and would-be entrepreneurs have ready access to support services, mentorship, and capital. The investments in this section will make the most of San Bernardino’s existing entrepreneurial assets in order to support startup activity and small business success
Packet Pg. 452
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 53 Entrepreneurship: Entrepreneurial Resource Center Ready-To-Go Cost
$5M-7.5M Facilities, staff, programming, and services
Total: $5 M – 7.5M
The Entrepreneurial Resource Center (ERC) will provide a centrally located, transit-accessible downtown hub for small business resources and support. It will bring together a wide range of entrepreneurial support organizations to provide a full spectrum of training, technical assistance, and access to resources for small business owners and entrepreneurs in the area. The ERC will work with both aspiring and existing entrepreneurs to increase the rate of business creation and foster greater success and long-term sustainability for local small businesses. Anchored by the Inland Empire Center for Entrepreneurship and CSUSB’s School of Entrepreneurship, the ERC will provide support for every stage of company formation. It will also work with the Supply SB supplier diversity initiative to connect local small businesses to contract-readiness programming and sales opportunities.

Objectives
• Establish a continuum of support for local entrepreneurs and small business owners • Provide long-term support in order to ensure small business success • Address disparities in small business ownership and entrepreneurship • Increase coordination and collaboration among entrepreneurial support organizations in the region Packet Pg. 453
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 54 Entrepreneurship: Ready-To-Go Food Entrepreneurship Hub Cost
$ 1.5M Commissary kitchen
$ 750K SBDC Eats
$ 625K Market program
$ 500K Technical assistance
$ 500K Food hall
Total : $3.875 M over five years
The Downtown Food Entrepreneurship Hub will provide much-needed assistance and resources for area residents interested in opening a food-based business. The Hub will connect entrepreneurs with comprehensive programming and support aligned to the particular needs of food-based companies. Local community organizations will provide technical assistance and programs in English and Spanish for food entrepreneurs in the region. The Hub will either be integrated into the Entrepreneurial Resource Center or will remain a standalone project nearby. It will feature a commercial kitchen that can be rented by the hour or by the day on a sliding-scale basis to ensure access for economically disadvantaged entrepreneurs. This affordable production space will help food entrepreneurs expand their businesses. A temporary food hall nearby (e.g., container park, designated food truck parking lot) will provide low-cost retail space for new food businesses as the Hub is built.

Objectives
• Support the success of local food-based businesses
• Boost entrepreneurship by leveraging and encouraging collaboration among existing program offerings • Expand retail and dining options in downtown San Bernardino Packet Pg. 454
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 55 Entrepreneurship: Supply SB Ready-to-go
Supply SB will organize and leverage anchor institutions’ purchasing power to grow locally owned small businesses and advance supplier diversity in San Bernardino. The Inland Empire Center for Entrepreneurship (IECE) and its Procurement Center program (which is run through the Inland Empire Small Business Development Center) will head up this initiative. IECE will develop and implement a comprehensive array of programs aimed at aligning member anchors’ procurement processes and engaging minority- and women-owned small businesses in the local contracting process. A staff of 3-4 FTEs will work with local anchors to assess purchasing demand, improve procurement policies and practices, and inventory local vendors—all with an eye toward matching member anchors with area firms that can meet their procurement needs. Supply SB will also work to expand the capacity of local small businesses, with particular emphasis on minority- and/or women-owned vendors. As a key component of the proposed downtown Entrepreneurial Resource Center (ERC), it will connect local business owners to the programming, resources, and expertise they need to compete successfully for anchor contracts.

Objectives
• Leverage anchor purchasing power in support of local small businesses (with a focus on Latino-, Black-, and/or womanowned firms) • Increase diversity of vendors winning anchor procurement contracts • Promote wealth-building by accelerating sustainable growth among local Brown- and Black-owned small businesses Cost
$19M Facilities, staff, programming, and services (seven years) Total: $19M over seven years
Packet Pg. 455
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 56 Entrepreneurship: Center for Youth Financial Literacy and Entrepreneurship Exploratory The Center for Youth Financial Literacy and Entrepreneurship (CYFLE) will provide a transit-accessible hub that connects young people to relevant programs and resources offered by Uplift SB and other stakeholders. Situated in the downtown Enterprise District, the CYFLE office will match San Bernardino youth to educational programming, coaching, and mentorship so that they can acquire financial management know-how and engage in entrepreneurial activity. Co-location with the Entrepreneurial Resource Center and the Food Entrepreneurship Hub will create opportunities to leverage resources, space, and programming across all three initiatives.

Uplift SB will work with relevant stakeholders to develop this project and devise a roadmap for securing funding and phased implementation.

Objectives
• Increase the financial literacy of young people in San Bernardino • Encourage entrepreneurial activity among San Bernardino youth Cost
$ 1.25M Programming ($250K per year)
$ 750K Operations, staffing, physical space ($150K per year) $ 250K Marketing and outreach ($50K per year)
Total : $2.25 M over five years
Packet Pg. 456
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 57 Entrepreneurship: Local Small Business Retail Plaza Exploratory In order to expand local entrepreneurs’ access to affordable retail space, Uplift SB will work with a coalition of local partners to acquire a transit-accessible multi-unit retail plaza within walking distance of downtown. After acquiring the property, this coalition will make needed building and grounds improvements and work with the Entrepreneurial Resource Center and other community actors to rent vacant units to local small business owners in need of affordable commercial leases. Uplift SB and coalition partners will be able to connect tenants to small business resources in the city and guarantee that these commercial spaces remain permanently affordable, with a sliding rent scale to accommodate a broader range of entrepreneurs.

Uplift SB’s Small Business Resource Group will identify specific project elements, develop cost estimates, determine the appropriate ownership model for the plaza, and devise a roadmap for securing funding, property acquisition, and phased implementation.

Objectives
• Support local entrepreneurs working to grow their businesses • Increase the inventory of affordable commercial space for local small businesses • Use colocation to encourage peer learning and collaboration among local small business owners Packet Pg. 457
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 58 Community
Ready-to-go:
• Cybersecurity Workforce Tech Hub ($6.75M)
• El Sol Holistic Center ($1.5M)
• Community Leadership Empowerment Workshop ($0.5M)
• Olympic Aquatic Center ($45M)
• Institute for Child Development and Family Relations – Downtown ($20.5M) Last-mile:
• Economic Opportunity Center
Exploratory:
• E Street Arts Corridor
• Inland Port Career Resource Center
• Purposeful Pathways Initiative
Investments in economic development have all too often accelerated gentrification, alienating long-time residents and increasing displacement in job and housing markets. These investments will expand opportunities, improve outcomes for all residents, and keep the wealth and prosperity generated by Playbook investments in the community.

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LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 59 Community: Cybersecurity Workforce Tech Hub Ready-To-Go This new workforce and apprenticeship hub in downtown San Bernardino will address rising demand for skilled cybersecurity professionals by providing a well-coordinated combination of career exploration, classroom instruction, mentorship, and experiential learning opportunities. As part of the Inland Empire Cybersecurity Initiative (IECI), this proven model for cyber workforce development will build on the nationally recognized cybersecurity program at CSUSB, with active collaboration from area community colleges and K12 schools as well as private- and public-sector employers. Given that CSUSB and its community college partners are Hispanic-Serving Institutions with large numbers of students of color (including many who are economically disadvantaged and/or first-generation), Hub programming will boost student economic mobility and help rectify racial and ethnic disparities in the region.

Objectives
• Establish a transit-accessible downtown hub for workforce development in cybersecurity • Develop clear, well-supported pathways into quality cybersecurity careers • Strengthen collaboration among area K-12, community colleges, universities, and public- and private-sector employers • Boost economic mobility for economically disadvantaged students, students of color, and first-generation students Cost
$2M Staff (five years)
$1.5M Facilities
$1M Sensitive Compartmented Information Facility (SCIF) $1M Hub management (five years)
$750K Hardware, software, equipment
$250K Marketing and outreach
$250K Programming and expert stipends
Total: $6.75 M over five years
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LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 60 Community: El Sol Holistic Campus Ready-To-Go
Cost
$2 M Gap funding
Total: $2 M
An expansion of this established community transformation hub on a 1.9-acre parcel northeast of Seccombe Lake will provide additional space for culturally specific health education, basic health screenings, wellness classes, peer-to-peer counseling, and educational services for vulnerable San Bernardino residents. Designed in collaboration with community members, the El Sol Holistic Campus will provide space for service provision alongside gardens for food and healing, a playground, a children’s amphitheater, a basketball court, a turf play area, and a two-story Learning and Community Center. This new facility will include space for recreational activities and cultural pursuits, children’s playroom, library, art gallery, cafeteria, and a commercial kitchen for onsite food preparation. Flexible multipurpose space will be available for events, meetings, workshops, and other community uses, with sliding-scale rental fees to ensure accessibility.

Objectives
• Strengthen an established community organization that has a proven track record working with San Bernardino’s most vulnerable communities
• Increase access to health care, education, recreation, and social services in the downtown core Packet Pg. 460
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 6 Community: Community Leadership Empowerment Workshop Ready-To-Go Cost
$500 K Workshop costs (over five years)
$100 K Coordination across existing programs
Total: $600 K over five years
The nine-session Community Leadership Empowerment Workshop (CLEW) program builds leadership skills, community empowerment, and urban planning know-how among cohorts of area residents. Designed to support inclusive community and economic development, this program will act as a safeguard against gentrification, displacement, and community disinvestment. Each 15-20-person cohort costs less than $50K to run. CLEW graduates have gone on to work in their communities at all levels, ranging from neighborhood projects to local elected office. Adoption of the CLEW model—possibly as part of Uplift SB programming—will provide a clear signal that San Bernardino is embracing an equitable, community-informed approach to economic development.

Objectives
• Build leadership skills, empowerment, and urban planning know-how among community residents • Guard against displacement and disinvestment
• Ensure economic development is responsive and authentic to the local community Packet Pg. 461
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 62 Community: Olympic Aquatic Center Ready-To-Go
Cost
$20 M Infrastructure / construction
$8.6 M Pools
$4.4 M Additional project costs
$10 M Annual operating costs (over five years)
Total: $43 M
An Olympic aquatic center in Ward 5 will boost quality of life, improve access to exercise options, and establish San Bernardino as a destination location for aquatics competitions. This 65,000 square foot state-of-the-art facility will be composed of three swimming pools with space for spectators; a building for platform diving; non-aquatic exercise areas; meeting rooms; event space; party rental gazebos; and a playground. Core activities will include swimming activities for all ages, competitions and other large aquatic events, aerobics and other exercise training in an aquatic environment, and weekend facility rentals. Free water safety workshops and sliding-scale swimming lessons will ensure that area residents have the skills and knowledge needed to prevent drowning accidents.

Objectives
• Promote healthy living in San Bernardino by expanding the range of exercise opportunities • Provide needed water safety education and swimming lessons for area residents • Boost tourism by attracting major aquatics competitions to San Bernardino Packet Pg. 462
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 63 Community: Ready-To-Go Institute for Child Development and Family Relations – Downtown Cost
$20.5M Facilities
Total: $20.5 M
The Institute for Child Development and Family Relations – Downtown (ICDFR – Downtown) will serve as a community hub committed to the well-being of parents, children, and families in the San Bernardino community through a combination of education, direct services, and research. This centrally located, transit-accessible facility will support delivery and expansion of the ICDFR Science of Parenting parent education program, offer child assessments and cognitive training through its Family Assessment Center in order to identify children with learning needs and enhance their success in school, and offer in-person courses and certificate programs for professionals who serve children and families in San Bernardino. The ICDFR – Downtown will also house the Child and Families Research Center, which will conduct and support community-university partnership-based research on child development, parenting, work-family balance, child mental health, and family well-being.

To further extend its capacity, the ICDFR – Downtown will leverage existing relationships with community agencies and funding partners such as First 5 of San Bernardino County, San Bernardino County Superintendent of Schools, Children’s Network, Child Care Resource Center, San Bernardino County Sheriff’s Department, Community Action Partnership of San Bernardino County, and the Making Hope Happen Foundation. Working in collaboration with community partners, it will also serve as a Family Resource Hub for parents and families, offering after school programming with developmentally appropriate activities, education events, and access to child and family resources in the community.

Objectives
• Improve the long-term health and well-being of San Bernardino residents • Support healthy development of San Bernardino children and youth • Develop the workforce that will serve children and families in the future Packet Pg. 463
LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 64 Community: Economic Opportunity Center Last-Mile
An Economic Opportunity Center constructed on land owned by the City of San Bernardino will provide needed physical infrastructure, programming, and staff support for local street vendors and day laborers. Classroom and conference space for tailored programming will support the success of area street vendors and day laborers. The Center will include a commercial kitchen that can be rented by the hour or by the day on a sliding-scale basis. This affordable production space will help food-based street vendors interested in expanding their businesses. The Center will also serve as a safe, well-regulated hiring hub for area day laborers seeking work.

Objectives
• Improve quality of life and reduce economic exploitation among local day laborers and street vendors • Expand access to city services for local street vendors and day laborers • Provide a central hub for area contractors seeking day laborers • Increase business activity near the proposed site
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LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 65 Community: E Street Arts Corridor Exploratory
The E Street Arts Corridor will strengthen the San Bernardino creative economy by providing a designated geography for arts and cultural activities.

This downtown arts district will extend from the Garcia Center for the Arts to West 2nd and West Rialto, encompassing the Sturges Center for the Fine Arts and the California Theatre of the Performing Arts as well as two new facilities, Creativ.IE and the 440 Court Building.

Creativ.IE: This mixed-use arts entrepreneurship lab will provide a hub for working artists and creative entrepreneurs, with free/low-cost artist studios and maker space, retail space for artists to sell their work, a digital media center, a photo lab, a recording studio, and a culinary arts kitchen and café. Creativ.IE will also feature a creative-in-residence program to support entrepreneurial working artists. Led by Arts Connection in partnership with other arts organizations, the San Bernardino City Unified School District, San Bernardino Valley College, CSUSB, and leaders in the creative economy, Creativ.IE will work to establish and promote strong, well-supported pathways into creative careers in the Inland Empire.
440 Court Building: Located in the heart of the Enterprise District, this historical building will complement existing arts assets by providing flexible, multipurpose space for large-scale events and exhibitions, performing arts rehearsals, classes, and conferences. It will also offer sliding-scale office space for local nonprofit organizations. Strong relationships with Creativ.IE, the Garcia Center for the Arts, and other local arts organizations will encourage collaborations within the local arts community while avoiding duplicative effort and investment.

A delivery team composed of decisionmakers from Arts Connection, the Garcia Center for the Arts, and other local arts organizations; the City of San Bernardino; and other relevant stakeholders will identify specific project elements, delegate responsibilities, develop cost estimates, and devise a roadmap for securing funds and phased implementation.

Objectives
• Cultivate an ecosystem to support working artists, creative workers, and arts-oriented entrepreneurs • Increase coordination and collaboration between local arts organizations and the City of San Bernardino • Provide support to strengthen and grow the arts community and increase revenues from arts-related activities • Build strong relationships between the arts community and area K-12 and higher education in order to support arts education and pathways into creative careers.

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LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 66 Community: Inland Port Career Resource Center Exploratory An Inland Port Career Resource Center (IPCRC) in San Bernardino will expand capacity for skilled workforce development by providing transit-accessible training for potential and incumbent workers in the region. Headed up by key stakeholders from Just SB and other relevant entities, the IPCRC will connect area residents with clear, well-supported pathways into high-demand careers that require some level of acquired skill (including those related to climate adaptation). Career pathways will emphasize work-based learning, using earn-and-learn apprenticeship and internship models whenever possible in order to give trainees real-world experience and reduce the likelihood that they will need an additional job in order to make ends meet.

The IPCRC will improve collaboration and coordination within the area workforce development ecosystem by bringing together relevant stakeholders from the private sector, P-12 and postsecondary education, workforce training, state and local government, support services and community organizations in order to support worker success and align IPCRC offerings with employer demand. To maximize impact, the IPCRC will proactively recruit area residents, working with trusted community organizations to tailor outreach so that it speaks to the distinct needs, concerns, and priorities of each target audience. It will also connect trainees to needed wraparound supports as they move along their career pathways so that barriers such as unreliable transportation and lack of childcare, limited career awareness and guidance, and poor study skills do not stand in the way of their success.

Objectives
• Establish well-supported and easily navigated pathways into quality jobs in the IE • Increase the number and proportion of IE residents with quality jobs (particularly within disadvantaged and disinvested communities in the region)
• Ensure that area employers have access to the skilled workers they need to grow Packet Pg. 466 LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 67 Community: Purposeful Pathways Exploratory
The Purposeful Pathways initiative will strengthen career pathways relevant to the San Bernardino economy and community by improving outreach to students and families and expanding student access to programming and wraparound support. Special care will be taken to work with local communities in a supportive and culturally responsive manner. Outreach and engagement strategies will be tailored to the distinct needs, concerns, and priorities of each target audience. Mutually beneficial partnerships with community organizations that have earned the trust of target audiences will help connect with communities that historically have been harder to reach. In order to ensure maximum benefit to San Bernardino’s disadvantaged and disinvested communities, the initiative will also boost access to needed wraparound supports that will give students peace of mind and support their success as they pursue their passions and prepare for their careers.

Decisionmakers from Just SB will work with relevant stakeholders to determine how best to boost awareness of career pathway options and support students as they select and pursue specific pathways.

Objectives
• Improve students’ ability to pursue well-supported and easily navigated pathways into quality jobs • Increase the number and proportion of San Bernardino students on pathways into quality jobs (particularly within disadvantaged and disinvested communities) • Ensure that area employers have access to the skilled workers they need to grow Packet Pg. 467
Contents

N E W L O C A L I S M A SS O C I A T E S
Summary
Context
Playbook Vision
Playbook Projects
Next Steps
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LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 69 San Bernardino has the opportunity to become
a model 21st-century city
Infrastructure
Create a sustainable
and connected platform
for equitable growth
Housing
Increase housing
density near multimodal
transit
Innovation
Invest in key drivers of
the Inland Empire
economy
Entrepreneurship
Support startup activity
and small business
success
Community
Expand opportunities
and improve outcomes
for all residents
Capacity
Ensure that
stakeholders have the
capacity to design and
implement projects
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LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 70 These next steps will help San Bernardino harness
the full potential of this Playbook

1. Confirm and launch Nerve Center. This entity will play a crucial role in virtually every aspect of Playbook development and implementation.

2. Raise local capital and grow local capacity first. In order to build momentum and capacity for these transformational projects, San Bernardino will need to raise considerable local capital, with soft commitments for additional support as other public and private funding is secured.

3. Match local uses with available funding sources. Once project specifics and costs are ironed out, the Nerve Center will work with local stakeholders to secure funding for projects.

This work may involve road shows to present the Playbook to potential funders (e.g., state and federal policymakers, philanthropies, corporations).

4. Deploy Delivery Teams. Last-mile and Exploratory Playbook projects will need further development in order to move forward. Delivery Teams composed of local stakeholders can help ensure that these high-impact but less-concrete projects come to fruition.

5. Break ground on projects as soon as possible. All Playbook stakeholders should have a bias toward action and maintaining momentum.

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LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 7 Three entities will help monitor and implement
the San Bernardino Investment Playbook
Nerve Center
Steering Committee
• Oversees Playbook execution
• Provides guidance for local
organizations implementing
projects
• Supports fundraising for
Playbook projects
Nerve Center
Support Staff
• Provides day-to-day support on
project implementation
• Helps organizations improve
project design, expand capacity,
and secure funding
Delivery Teams
• Get Last-Mile and Exploratory
Playbook projects ready to go
• Work with stakeholders
to secure funds and implement
projects
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LIVING DOCUMENT – UPDATED NOVEMBER 7, 2022 N E W L O C A L I S M A S S O C I A T E S | 72 The Investment Playbook will be formally released on November 17, 2022 at the White House Initiative Latino Economic Summit in San Bernardino.

Hosted by the White House Initiative on Advancing Educational Equity, Excellence and Economic Opportunity for Hispanics and the Aspen Institute Latinos and Society Program, this event will bring together federal, state, and local actors intent on advancing equity and economic empowerment in San Bernardino.

Formal Playbook launch this November
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Thank you!
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 16, 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 September 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 September 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 September 30, 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 Operational & 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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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 September 2022.

Attachments
Attachment 1 Investment Portfolio Management Summary Report September 2022
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 16, 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 October 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 presented for approval:

Bi-Weekly payroll for October 27, 2022 $ 2,761,789.12
Total payroll demands: $ 2,761,789.12
The following check registers are being presented for approval:

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October 20, 2022 FY 2022/23 (Register #18) $ 2,610,335.86 October 27, 2022 FY 2022/23 (Register #19) $ 2,345,985.15 Total commercial check demands: $ 4,956,321.01
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 October 2022.

Attachments
Attachment 1 Payroll Summary Report for October 2022
Attachment 2 Commercial Checks & Payroll Register #18
Attachment 3 Commercial Checks & Payroll Register #19
Ward:

All Wards
Synopsis of Previous Council Actions: N/A
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 16, 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: San Bernardino Police Management Association
Compensation and Benefits Plan
Recommendation:

Adopt Resolution No. 2022-237 of the Mayor and City Council of the City of San Bernardino, California, repealing Resolution No. 2015-225, and adopting the Compensation and Benefits Plan between the City of San Bernardino and the San Bernardino Police Management Association (SBPMA), and updating the city-wide salary schedule.

Background
The California Meyers-Millias-Brown-Act (MMBA) requires the City to meet and confer, in good faith, with its bargaining groups on all matters relating to employment conditions and employer-employee relations including but not limited to wages, hours, and other terms and conditions of employment.

The City has long recognized San Bernardino Police Management Association (SBPMA) for purposes of meeting and conferring over conditions of employment of sworn management positions in the San Bernardino Police Department. The prior Compensation and Benefits Plan between the City and SBPMA covering such terms and conditions of employment expired on June 30, 2020. Since then, the parties have been negotiating terms for a successor Plan and have now reached a tentative agreement. That agreement was ratified by the members of SBPMA on October 24, 2022 and is currently before the Mayor and City Council for its approval.

Discussion
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The San Bernardino Police Management Association (SBPMA) new agreement term, if approved, will be July 1, 2020 through June 30, 2025 inclusive of the deal points noted below.
♦ 2.7% cost of living adjustment (COLA) effective the first pay period starting after July 1, 2021. 5% COLA effective the first pay period starting after July 1, 2022.

3.75% COLA effective the first pay period starting after July 1, 2023. 3.65% COLA effective the first pay period starting after July 1, 2024. ♦ Increase monthly Management Peace Officers Standards & Training Certificate Compensation from $450 to $1,245 effective the first pay period starting after July 1, 2022. Increase from $1,245 to $1,400 effective the first pay period starting after July 1, 2023. Increase from $1,400 to $1,485 effective the first pay period starting after July 1, 2024.
♦ Provide longevity pay of $300 per month to employees with 20 or more years of service effective the first pay period starting after July 1, 2022. Increase from $300 to $400 effective the first pay period starting after July 1, 2023. Increase from $400 to $700 effective the first pay period starting after July 1, 2024. ♦ Effective the first pay period starting after July 1, 2023, provide education pay of $175 per month for Lieutenants that hold a bachelor’s degree or higher, and $300 per month to Captains and the Assistant Chief of Police who hold a master's degree or higher. Effective the first pay period starting after July 1, 2024, provide education pay of $250 per month for Lieutenants that hold a bachelor’s degree or higher or $300 per month for Lieutenants who hold a master’s degree or higher. $450 per month for Captains and the Assistant Chief of Police who hold a master's degree or higher.
♦ Provide a deferred compensation contribution of $150 per month for Lieutenants, $200 per month for Captains, and $250 per month for the Assistant Chief of Police, effective the first pay period starting after July 1, 2023. Provide a deferred compensation contribution of $225 per month for Lieutenants, $300 per month for Captains, and $375 per month for the Assistant Chief of Police, effective the first pay period starting after July 1, 2024.
♦ Effective the first pay period starting after July 1, 2022, the City’s contribution to employees’ medical insurance shall be equal to the premiums for a single, two party and family levels of coverage as applicable, not to exceed:

Employee Only $1,008.00 (no change); Employee Plus One increases from $1,101.07 to $1,439.56; Employee Plus Two or More increase from $1,317.76 to $1,871.43. For the term of this agreement only, should the cost of the Kaiser premium rate exceed the City’s contribution, the City shall increase its contribution to match the Kaiser premium.

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♦ Effective the first pay period starting after July 1, 2022, employees shall accrue holiday leave according to the number of hours in the employees regular scheduled work shift. For example, an employee working a 4/10 schedule shall accrue 10 hours of holiday leave for each designated holiday.
♦ Updates were incorporated to clarify existing terms and to eliminate obsolete language, which can be reviewed in their entirety in the redline version of the Compensation and Benefits Plan (Exhibit B).

As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.
2021-2025 Key Strategic Targets and Goals
Authorization of this agreement aligns with Key Target No. 2b: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
There is sufficient funding in the Adopted Budget for costs associated with FY 2022/23 in the amount of $478,475 including the additional City contribution for medical insurance coverage. The additional cost to the City of the increase in salaries and special pay categories, inclusive of CalPERS and estimated associated taxes, over the life of the agreement, is $929,277.

Conclusion
Adopt Resolution No. 2022-237 of the Mayor and City Council of the City of San Bernardino, California, repealing Resolution No. 2015-225, and adopting the Compensation and Benefits Plan between the City of San Bernardino and the San Bernardino Police Management Association (SBPMA), and updating the city-wide salary schedule.

Attachments
Attachment 1 Resolution No. 2022-237 SBPMA Compensation and Benefits Plan;
Attachment 2 Exhibit A – City-wide Salary Schedule;
Attachment 3 Exhibit B - SBPMA Compensation and Benefits Plan Redline
Ward:

All Wards
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Synopsis of Previous Council Actions:

November 2, 2022 – The Mayor and City Council Adopted Resolution No. 2022-230 amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

November 16, 2015 - The Mayor and City Council adopted Resolution No. 2015-255, approving the SBPMA Compensation and Benefits Plan.

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Resolution No. 2022-237
Resolution 2022-2237
November 16, 2022

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RESOLUTION NO. 2022-237

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ESTABLISHING A SAN BERNARDINO POLICE

MANAGEMENT ASSOCIATION EMPLOYEE
COMPENSATION AND BENEFITS PLAN; REPEALING
RESOLUTION NO. 2015-255; AND UPDATING THE CITYWIDE SALARY SCHEDULE.

WHEREAS, the term of Resolution No. 2015-255 extended through June 30, 2020, and the compensation and benefits plan remain in effect until a new resolution is adopted by the Mayor and City Council; and
WHEREAS, the City and the San Bernardino Police Management Association (“SBPMA”) have met and conferred in good faith pursuant to California Government Code Section 3500 et seq. and have reached agreement on compensation, benefits and other terms and conditions of employment; and
WHEREAS, the City and the SBPMA desire to memorialize such terms through the adoption of this Resolution.

WHEREAS, the salary schedule includes all adopted and approved classifications and salaries; and
WHEREAS, the salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.

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

SECTION 1. The Mayor and City Council hereby establish a Police Management Employee Compensation and Benefits Plan which defines the wages and benefits of those employees whose positions are a part of the Police Management and are represented by the San Bernardino Police Management Association (SBPMA).

SECTION 2. The Police Management Employee Compensation and Benefits Plan (Plan) shall be as follows:

A. Recognized Employee Classifications:

1. Assistant Chief of Police
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Resolution No. 2022-237
Resolution 2022-2237
November 16, 2022

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2. Police Captain

3. Police Lieutenant
B. Compensation – Salaries:

Bargaining Unit Employees shall receive the following cost of living adjustments during the term of this Agreement:
• First pay period starting after July 1, 2021 2.70%
• First pay period starting after July 1, 2022 5.00%
• First pay period starting after July 1, 2023 3.75%
• First pay period starting after July 1, 2024 3.65%
C. Compensation – PERS/Retirement Plan:
a) Retirement formulas:

Tier I: Employees hired prior to September 1, 2011 shall receive a 3% @ 50 retirement benefit;
Tier II: CalPERS “Classic Members” hired on or after September 1, 2011 shall receive a 3% @ 55 retirement benefit;
Tier III: CalPERS “New Members” hired between January 1, 2013 and December 31, 2015 shall receive a 2.7% @ 57 retirement benefit in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA);
Tier IV: CalPERS “New Members” hired on or after January 1, 2016 shall receive a 2.5% @ 57 retirement benefit in accordance with PEPRA.
b) Contributions/Cost Sharing: As of the effective date of this Agreement, legacy or classic employees as defined under CalPERS law shall contribute 9% for the first two years of the Agreement and for the next three years, legacy or classic employees shall contribute 12% (9% employee share and 3% employer share).PEPRA employees shall contribute 50% of the normal cost as defined under the Act.

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c) The “post survivors retirement” benefit in accordance with § 21624 and § 21635 of the Public Employees’ Retirement Law (PERL) that is currently provided by the City in its contract with CalPERS agreement will be referenced in the new MOU.

D. Compensation - Reimbursable Overtime for Working Contractual Events:

Lieutenants and Captains who are required to 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 overtime, (either straight time or premium overtime) in accordance with the contract between the City and the third party. The City and the SBPMA acknowledge that this provision shall not result in any additional cost to the City.

E. Education and Professional Development:

The current SBPMA Manager’s Professional Development reimbursement policy shall be amended to include attendance at job related training, seminars, conferences, classes, and membership in professional organizations within the City of San Bernardino determined to be appropriate by the Chief of Police. Any reimbursement for these activities shall be limited to membership dues, fees for attendance and/or materials only and classes must be taken on the employee's own time and shall not exceed $750.00/year for each SBPMA member. Employees shall not be entitled to be reimbursed for travel expenses. Eligibility for reimbursement shall be within the sole discretion of the Chief of Police and shall be dependent on availability of funding.

F. Pre-Petition Leave Banks:

The monetary value of all pre-petition leave bank accruals, including without limitation, vacation, sick leave, concession leave, and holiday leave, will be the subject of distribution as part of the bankruptcy unsecured creditors’ pool. All leave balances accrued on or before August 1, 2012 (Pre-Petition Leave) shall be placed in the unsecured creditors’ pool and will not be available for cash-out (or the cash equivalent by the SBPMA members. This position is consistent with the Recovery Plan adopted by the City Council on May 18, 2015. Under the City’s Recovery Plan, all City employees are subject to these restrictions on pre-petition leaves.

All vacation leave balances, sick leave balances and holiday leave balances that all employees in this bargaining group had accrued as of August 1, 2012 (“pre-petition leave”) will be separated from post August 1, 2012 leave accruals (“post-petition leave”) in each of these leave categories.

With the exception of pre-petition concession leave accruals, pre-petition leave balances, including vacation leave, sick leave and holiday leave, may be utilized by Packet Pg. 530
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employees in this bargaining group. However, employees are required to utilize all post-petition leave accruals in each category before they utilize any pre-petition leave accruals in the same leave category. All pre-petition concession leave balances shall be placed in the unsecured creditors’ pool and will not be available for use by SBPMA members.

Upon separation from employment with the City, employees will receive payment for any post-petition leave balances according to the terms and conditions outlined in their existing Memorandums of Understanding/Side Letter Agreements and the final paragraph of this section.

Upon separation from employment with the City, employees will not receive payment for any pre-petition leave balances. The monetary value of all pre-petition leave bank accruals will be placed in the unsecured creditors’ pool and be the subject of distribution as part of the bankruptcy unsecured creditors’ pool. Upon final approval of the City’s Plan of Adjustment by the Bankruptcy Court, any remaining pre-petition leave balances, although available for use by current employees, will have no cash value to current employees upon separation from employment with the City.

Upon separation from employment with the City, with the exception of post-petition vacation accruals, all post-petition leave accruals will be deferred pending the final approval and effective date of a Plan of Adjustment by the Bankruptcy Court. Any post-petition leave accruals will be compensated in accordance with the terms of any Resolution adopted by the Mayor and Common Council regarding such payout or by the terms of any other agreement(s) between the City and the SBPMA.

G. Vacation Leave Accruals:

All employees within the bargaining unit covered by this MOU shall be entitled to annual paid vacations as follows:

Completed Years of Rate of Accrual Equivalent Hours
Continuous Service* Per Pay Period Per Year
1 year** 3.0769 hours 80 hours
5 years 4.6153 hours 120 hours
15 years 6.1538 hours 160 hours
20 years 7.6923 hours 200 hours
*Service year begins on initial date of employment in a full-time regular status. **No vacation granted or accrued, if service is less than one year.

Bargaining unit employees may only accrue maximum vacation leave hours as follows:
1 through 5 years of service: up to 160 hours; 6 through the completion of 15 years of Packet Pg. 531
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service: up to 240 hours; 16 through the completion of 20 years of service: up to 320; and, 21 or more years of service: up to 400 hours. Once the cap has been reached, an employee may not accrue any additional hours until the employee's accrued leave is below the cap.

H. Holidays:

All participants shall receive the following paid holidays:

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

Holidays will accrue at nine (9) hours per holiday. Notwithstanding and effective the pay period starting July 1, 2022, Employees shall accrue holiday leave according to the number of hours in the employee’s regular scheduled work shift. For example, an employee working a 4/10 works schedule shall accrue 10 hours of holiday leave for each designated holiday. Holidays earned in any twelve-month period are not accumulative beyond the total number of holidays allowed each year by this pay plan.

Employees may not exceed a balance of 150 hours at any time.

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

I. Sick Leave Accrual Caps:

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Sick leave earned on or after February 1, 2013 shall be capped at 1040 hours. At the time of separation from service, any employee having fifteen (15) years of continuous service with the City of San Bernardino, may cash out up to 50% of the unused postpetition sick leave. At the time of separation from service, any employee having 20 years or continuous service with the City of San Bernardino may cash out up to 75% of unused post-petition sick leave.

J. Family Sick Leave:

SBPMA bargaining unit members may use unlimited sick leave for the care of an immediate family member. Immediate family member means husband, wife, grandmother, grandfather, mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, domestic partner.

K. Optional Cell Phone Allowance:

Employees who are required to have cell phones for conducting City and Department business may, in lieu of receiving a City issued paid cell phone, elect to maintain a personal cell phone for that purpose. Employees who select this option are entitled to be reimbursed $65.00 per month.

L. Technology Reimbursement:

Employees are eligible for a $1,000.00 reimbursement for technology purchases every two years commencing July 1, 2015. Technology purchases include but are not limited to desktop computers, laptops, tablets, and cellular phones. Employees are required to submit a receipt verifying the purchase(s). The purchase shall not be limited to a single item but can be multiple items with a cumulative reimbursement not to exceed $1,000.00 every two years.

M. Fringe Benefits, Health/Life Insurance – Active Employees:

Effective the first pay period starting after July 1, 2022, the City’s contribution towards medical coverage shall be equal to the premiums for the single, two party, and family levels for coverage, as applicable, not to exceed:
• Employee only $1,008.00 per month
• Employee + 1 $1,439.56 per month
• Employee +2 or more $1,871.43 per month
For the term of this Agreement, should the cost of the Kaiser premium rate exceed the City’s contribution, the City shall increase its contribution to match the Kaiser premium.

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An employee who does not want to enroll in any health care plan offered by the City must provide evidence of group health care insurance coverage, and execute a “Waiver of Benefits and Release Agreement” releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis.

Employees who waive the City’s health care insurance shall receive a stipend of $2,500 in December. The amount of the stipend shall be determined by the City on an annual basis. Such payment is not considered compensation for purposes of CalPERS and is subject to state and federal taxes. Employees participating in this option are required to waive all medical, dental, and vision insurance coverage from the City. The SBPMA agrees to participate in the City’s Joint Labor-Management Health Benefits Committee (“Committee”) to evaluate, on an annual basis, City -wide plan designs for health care. All plan designs and City contributions shall be effective January 1st annually.

The amount of the City’s contribution is based on the selection of the” “medical” enrollment category. For example, if an employee elects “employee only” medical coverage, then the “employee only” allowance is given to the employee. As another example, if an employee elects “employee plus family” medical coverage, then the “employee plus family” contribution is provided to the employee. Any contribution not utilized by the employee shall revert to the City.

Employees must purchase insurance offered through the City in order to utilize the contributions described above. Insurance benefits available for purchase by employees include: medical, dental, vision, and supplemental life and accidental death and dismemberment insurance. However, City contributions cannot be used for any voluntary benefits offered to members through Colonial Life.

Employees must be in a paid status for fifteen (15) consecutive days in any given month to receive the benefits of this Article, unless the employee is on a qualifying approved leave, such as Family Medical Leave, and is eligible for benefit continuation under applicable State or Federal law.

N. Housing Incentives:

During the term of this Agreement, the City shall provide HUD housing incentives to members wishing to purchase homes within the City of San Bernardino ("Community Revitalization Program"). Such incentives shall represent a 50% discount from the list price of the home. All participants in this program must commit to live in the property for three (3) years. The City shall provide to the SBPMA a summary of the terms of this Community Revitalization Program.

O. Additional Items:

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1. Uniform Allowance. SBPMA members shall receive an annual uniform allowance of $950 to be paid in a lump sum on or before March each year of the term of this agreement.

2. POST Incentive Pay; Special Certification Pay. SBPMA members may receive additional compensation for obtaining a POST certificate as set forth below.

Such additional payment for certificates is not cumulative and the SBPMA member is only entitled to additional compensation only for the highest level certificate earned.
a. All SBPMA members who obtain a POST Intermediate Certificate shall receive two hundred dollars ($200) additional compensation per month. b. All SBPMA members who obtain a POST Advanced Certificate shall receive two hundred fifty dollars ($250) additional compensation per month.
c. All SBPMA members who obtain a POST Supervisory Certificate shall receive two hundred seventy-five dollars ($275) additional compensation per month.
d. All SBPMA members who obtain a POST Management Certificate shall receive four hundred fifty dollars ($450) additional compensation per month. The amount of the POST Management Certificate pay shall be increased as follows:
a. $1,245 effective the first pay period starting after July 1, 2022, b. $1,400 effective the first pay period starting after July 1, 2023, c. $1,485 effective the first pay period starting after July 1, 2024.

3. Administrative Leave. In lieu of monetary compensation, all forty (40) hour/week SBPMA employees shall be assigned eighty (80) hours of Administrative Leave per year each July 1st. Administrative Leave shall not be carried beyond the end of any fiscal year and shall not be paid for at any time.

4. Deferred Compensation. The City shall provide for a deferred compensation plan for all SBPMA members. With regard to the deferred compensation plan, the City shall make the following contributions on behalf of SBMPA members as follows:
a. Effective the first pay period starting after July 1, 2023:
i. Lieutenants $150 per month
ii. Captains $200 per month
iii. Assistant Chief $250 per month
b. Effective the first pay period starting after July 1, 2024:
i. Lieutenants $225 per month
ii. Captains $300 per month
iii. Assistant Chief $375 per month
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5. Long-Term Disability Insurance. The City shall provide long term disability insurance for all SBPMA members. Subject to the usual provisions and exclusions of such insurance plans, the coverage shall be for sixty percent (60%) of salary after a sixty (60) calendar day elimination period, for a maximum period of two years. An SBPMA employee shall not be required to exhaust his or her sick leave to receive benefits.

6. Life and Accidental Death & Dismemberment (AD&D) Insurance. The City shall provide Term Life of fifty thousand dollars ($50,000) and Accidental Death and Dismemberment Insurance of fifty thousand dollars ($50,000).

7. Longevity Pay. Employees with 20 or more years of continuous service with the City shall receive longevity pay as set forth below:
a. $300 per month effective the first pay period starting after July 1, 2022, b. $400 per month effective the first pay period starting after July 1, 2023, c. $700 per month effective the first pay period starting after July 1, 2024.

8. Education Pay. The City shall pay Employees educational pay as set forth below. Such educational pay is not cumulative, and the employee is only entitled to additional compensation only for the highest degree earned. a. Effective the first pay period starting after July 1, 2023:
i. Lieutenants with a bachelor’s degree or higher -- $175 per month.
ii. Captains and Assistant Chief with a master’s degree or higher - - $300 per month.
b. Effective the first pay period starting after July 1, 2024:
i. Lieutenants with a bachelor’s degree -- $250 per month. ii. Lieutenants with a master’s degree or higher -- $300 per month. iii. Captains and Assistant Chief with a master’s degree or higher - - $450 per month.

P. Per Diem Policy:

The City shall pay employees per diem rates for authorized travel and lodging related to attendance at schools, training, and other approved work-related duties. Per Diem rates will be determined by location and destination of the school or business attended and in accordance with the guidelines the U.S. General Services Administration.

Requirements for receiving per diem expenses will be provided in the City of San Bernardino’s Department/Director Letter, No. 32.

Q. General Provisions:

The Term of this Agreement shall be five (5) years, commencing on July 1, 2020 and will expire on June 30, 2025.

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1. In January 2025, either Party may submit to the other, a written request to bargain for a successor agreement, including a list of proposals on economic or non - economic issues.

2. The compensation, benefits, and other terms and conditions of employment shall supersede and replace any and all prior Resolutions, Side Letters, or any other Agreements.

R. Bankruptcy Provisions and Release of Claims:

1. Under the Plan of adjustment approved by the Bankruptcy Court, all claims of the SBPMA and its members with respect to wages, pensions (including implementation of cost sharing and elimination of the EPMC benefit), other benefits and other terms and conditions of employment that arose prior to the date of the confirmation of the Plan, including, without limitations, all claims arising from the City’s changes to the terms and conditions of employment and/or rejection of any prior agreements (collectively the “Police Management Claims”) shall be treated as general unsecured claims under the Plan, and the City and its officers shall be discharged from such Police Management Claims upon confirmation of the Plan; provided, however, that any claims arising under this Resolution after it is approved by the City and the SBPMA (eg. Grievances) shall not be discharged as long as (a) the SBPMA complies with the terms of this Resolution, and 2) the Court confirms the Plan.

S. Post-Petition Leave Sell Back:

Once per year, members of the bargaining unit will be granted the option of selling up to one-quarter (1/4) of their accrued post-petition vacation, holiday, and sick leave to the City. An eligible employee shall notify the City by August 1 of his/her request for sellback for the prior fiscal year ending June 30. The City shall compensate the eligible employees on the first payday in September, paid at their current wage rate.

SECTION 3. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 4. The wages, hours and working conditions for employees in the SBPMA of the City of San Bernardino, as incorporated in the Compensation and Benefits Plan is hereby approved effective July 1, 2020 through June 30, 2025.

SECTION 5. The City Manager is authorized to implement the terms and conditions of the resolution for SBPMA employees effective July 1, 2020 through June 30, 2025.

SECTION 6. The city-wide salary schedule incorporated herein as Exhibit A, is hereby approved.

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SECTION 7. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 9. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of November 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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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. 2022-237, adopted at a regular meeting held on the 16th day of November 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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EFFECTIVE 11/16/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30011 ACCOUNTANT I (FLEX) 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL30012 ACCOUNTANT II 485 $5,366.34 MONTHLY $6,523.11 MONTHLY GENERAL10012 ACCOUNTANT II ‐ PAYROLL 485 $5,259.93 MONTHLY $6,393.77 MONTHLY CONFIDENTIAL20013 ACCOUNTANT III 520 $6,384.21 MONTHLY $7,760.40 MONTHLY MIDDLE MANAGEMENT10860 ACCOUNTING DIVISION MANAGER (U) 608 $9,714.05 MONTHLY $11,807.69 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX) 399 $3,495.06 MONTHLY $4,247.23 MONTHLY GENERAL30018 ACCOUNTING TECHNICIAN II 419 $3,860.93 MONTHLY $4,692.73 MONTHLY GENERAL30030 ACCOUNTING TECHNICIAN III 437 $4,223.56 MONTHLY $5,133.91 MONTHLY GENERAL30709 ADMINISTRATIVE ASSISTANT 400 $3,512.28 MONTHLY $4,268.76 MONTHLY GENERAL10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) 464 $4,736.79 MONTHLY $5,757.77 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U) 410 $3,618.78 MONTHLY $4,398.22 MONTHLY CONFIDENTIAL10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,803.35 MONTHLY $4,622.88 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,334.87 MONTHLY $6,484.20 MONTHLY MIDDLE MANAGEMENT 10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 535 $6,749.21 MONTHLY $8,203.68 MONTHLY MANAGEMENT09710 AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 09525 AGENCY DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 09760 AGENCY DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 30140 ANIMAL CONTROL OFFICER I (FLEX) 411 $3,710.28 MONTHLY $4,509.79 MONTHLY GENERAL30141 ANIMAL CONTROL OFFICER II 424 $3,958.85 MONTHLY $4,812.17 MONTHLY GENERAL30092 ANIMAL LICENSE INSPECTOR 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 20320 ANIMAL SERVICES MANAGER 526 $6,577.74 MONTHLY $7,995.85 MONTHLY MIDDLE MANAGEMENT30130 ANIMAL SERVICES REPRESENTATIVE 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL20319 ANIMAL SERVICES SUPERVISOR 478 $5,177.90 MONTHLY $6,293.90 MONTHLY MIDDLE MANAGEMENT30119 ANIMAL SHELTER ATTENDANT 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL00300 APPRENTICE (PT) 381 $2,969.00 MONTHLY $3,608.00 MONTHLY NA20620 AQUATICS SUPERVISOR 468 $4,925.24 MONTHLY $5,987.48 MONTHLY MIDDLE MANAGEMENT30400 ARBORIST 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,782.78 MONTHLY $7,028.87 MONTHLY GENERAL PENDING ASSISTANT BUILDING OFFICIAL 583 $8,574.95 MONTHLY $10,422.83 MONTHLY MANAGEMENT 30271 ASSISTANT BUYER 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL50141 ASSISTANT CHIEF OF POLICE P6 $21,242.00 MONTHLY $21,242.00 MONTHLY POLICE MANAGEMENT 10644 ASSISTANT CITY MANAGER (U) 705 $15,758.71 MONTHLY $19,152.82 MONTHLY EXECUTIVE 00212 ASSISTANT LITERACY PROGRAM COORDINATOR (PT) (GRANT FUNDED) 385 $3,029.00 MONTHLY $3,681.00 MONTHLY NA 30168 ASSISTANT PLANNER (FLEX) 486 $5,393.24 MONTHLY $6,555.40 MONTHLY GENERAL10216 ASSISTANT TO THE CITY MANAGER (U) 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT10104 ASSISTANT TO THE MAYOR I (U) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY MANAGEMENT10105 ASSISTANT TO THE MAYOR II (U) 480 $5,130.20 MONTHLY $6,235.56 MONTHLY MANAGEMENT10106 ASSISTANT TO THE MAYOR III (U) 530 $6,583.62 MONTHLY $8,002.23 MONTHLY MANAGEMENT10107 ASSISTANT TO THE MAYOR IV (U) 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT20169 ASSOCIATE PLANNER 515 $6,227.24 MONTHLY $7,569.02 MONTHLY MIDDLE MANAGEMENT 00194 BACKGROUND INVESTIGATOR (PT) 493 $5,190.00 MONTHLY $6,308.00 MONTHLY NA 10060 BUDGET DIVISION MANAGER (U) 608 $9,714.05 MONTHLY $11,807.69 MONTHLY MANAGEMENT10062 BUDGET OFFICER 581 $8,490.57 MONTHLY $10,319.47 MONTHLY MANAGEMENT20250 BUILDING INSPECTION SUPERVISOR 542 $7,124.98 MONTHLY $8,660.29 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX) 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL City of San Bernardino
Salary Schedule
SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 1  of 8

EXHIBIT A
   
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EFFECTIVE 11/16/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30073 BUILDING INSPECTOR II 487 $5,420.15 MONTHLY $6,587.68 MONTHLY GENERAL 30074 BUILDING INSPECTOR III 511 $6,108.83 MONTHLY $7,425.93 MONTHLY GENERAL10500 BUILDING OFFICIAL (U) 613 $9,959.81 MONTHLY $12,105.12 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 459 $4,713.17 MONTHLY $5,728.98 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,711.05 MONTHLY $8,157.12 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,860.93 MONTHLY $4,692.73 MONTHLY GENERAL 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,058.92 MONTHLY $4,932.69 MONTHLY GENERAL20271 BUYER 460 $4,732.79 MONTHLY $5,753.10 MONTHLY MIDDLE MANAGEMENT 30292 CEMETERY CARETAKER 395 $3,425.12 MONTHLY $4,163.30 MONTHLY GENERAL10398 CHIEF DEPUTY CITY CLERK (U) 565 $7,838.75 MONTHLY $9,528.42 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE NA $22,195.99 MONTHLY $27,083.33 MONTHLY EXECUTIVE 10399 CITY CLERK (U) NA $10,590.00 MONTHLY $12,873.00 MONTHLY NA00601 CITY COUNCIL NA $1,166.67 MONTHLY $1,166.67 MONTHLY NA10370 CITY MANAGER (U) NA $23,750.00 MONTHLY $23,750.00 MONTHLY MANAGEMENT 10495 CIVIL ENGINEERING DIVISION MANAGER (U) 620 $10,313.14 MONTHLY $12,535.45 MONTHLY MANAGEMENT10273 CODE ENFORCEMENT DIVISION MANAGER (U) 563 $7,760.70 MONTHLY $9,433.50 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I (FLEX) 441 $4,308.57 MONTHLY $5,237.22 MONTHLY GENERAL30455 CODE ENFORCEMENT OFFICER II 472 $5,029.53 MONTHLY $6,113.13 MONTHLY GENERAL10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,181.88 MONTHLY $6,298.84 MONTHLY CONFIDENTIAL30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,417.25 MONTHLY $5,369.57 MONTHLY GENERAL30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U) 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT30754 COMMUNITY POLICING SPECIALIST 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,639.98 MONTHLY $9,286.03 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,307.83 MONTHLY $4,021.26 MONTHLY GENERAL20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,442.38 MONTHLY $6,615.37 MONTHLY MIDDLE MANAGEMENT20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,686.56 MONTHLY $5,696.12 MONTHLY MIDDLE MANAGEMENT 30758 COMMUNITY SERVICES OFFICER 410 $3,691.98 MONTHLY $4,487.20 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,229.50 MONTHLY $6,356.26 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL20424 CONSTRUCTION MANAGER 585 $8,829.09 MONTHLY $10,731.02 MONTHLY MIDDLE MANAGEMENT 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U) 506 $5,841.09 MONTHLY $7,099.38 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,512.28 MONTHLY $4,268.76 MONTHLY GENERAL30603 CRIME ANALYST 493 $5,584.78 MONTHLY $6,787.83 MONTHLY GENERAL00605 CRIME DATA TECHNICIAN (PT) 362 $2,700.00 MONTHLY $3,282.00 MONTHLY NA20600 CRIME FREE PROGRAM COORDINATOR 490 $5,497.22 MONTHLY $6,682.02 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 493 $5,584.78 MONTHLY $6,787.83 MONTHLY GENERAL 00054 CUSTODIAL AIDE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA20616 CUSTODIAL SUPERVISOR 477 $5,152.09 MONTHLY $6,261.64 MONTHLY MIDDLE MANAGEMENT30621 CUSTODIAN 368 $2,993.62 MONTHLY $3,639.26 MONTHLY GENERAL30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,275.55 MONTHLY $3,981.45 MONTHLY GENERAL 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 396 $3,442.34 MONTHLY $4,184.82 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) 396 $3,442.34 MONTHLY $4,184.82 MONTHLY GENERAL 30224 CUSTOMER SERVICE REPRESENTATIVE (U) 386 $3,275.55 MONTHLY $3,981.45 MONTHLY GENERAL30100 DATA ANALYST 444 $4,374.21 MONTHLY $5,316.84 MONTHLY GENERAL10650 DEPUTY CITY CLERK I (U) 490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL10654 DEPUTY CITY CLERK II (U) 530 $6,583.62 MONTHLY $8,002.23 MONTHLY MANAGEMENT10372 DEPUTY CITY MANAGER (U) 681 $13,980.43 MONTHLY $16,993.79 MONTHLY MANAGEMENT10066 DEPUTY DIRECTOR OF FINANCE (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 2  of 8
   
 Packet Pg. 541
ADOPTED 11/16/22
EFFECTIVE 11/16/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT10610 DEPUTY DIRECTOR OF HUMAN RESOURCES (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) 612 $9,910.23 MONTHLY $12,045.01 MONTHLY MANAGEMENT10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) 678 $13,772.65 MONTHLY $16,740.66 MONTHLY MANAGEMENT10802 DEPUTY DIRECTOR/CITY PLANNER (U) 662 $12,716.87 MONTHLY $15,457.05 MONTHLY MANAGEMENT10400 DEPUTY LIBRARY DIRECTOR (U) 575 $8,239.54 MONTHLY $10,015.71 MONTHLY MANAGEMENT40466 DETECTIVE/CORPORAL P2 $8,516.94 MONTHLY $11,169.58 MONTHLY POLICE SAFETY 10685 DIRECTOR OF ANIMAL SERVICES (U) 630 $10,840.50 MONTHLY $12,830.31 MONTHLY EXECUTIVE10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 10711 DIRECTOR OF FINANCE (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 10665 DIRECTOR OF HUMAN RESOURCES (U) 660 $12,590.30 MONTHLY $15,303.06 MONTHLY EXECUTIVE10625 DIRECTOR OF INFORMATION TECHNOLOGY (U) 660 $12,590.30 MONTHLY $15,303.06 MONTHLY EXECUTIVE 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) 662 $12,716.87 MONTHLY $15,457.05 MONTHLY EXECUTIVE 10753 DIRECTOR OF PUBLIC WORKS (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $7,793.72 MONTHLY $9,473.10 MONTHLY MIDDLE MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U) 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U) 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,645.73 MONTHLY $9,293.22 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,668.11 MONTHLY $6,889.49 MONTHLY CONFIDENTIAL30831 ELECTRICIAN I (FLEX) 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL30841 ELECTRICIAN II 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL10367 EMERGENCY OPERATIONS MANAGER 565 $7,838.75 MONTHLY $9,528.42 MONTHLY MANAGEMENT30432 ENGINEERING ASSISTANT I (FLEX) 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $5,104.86 MONTHLY $6,205.67 MONTHLY GENERAL30436 ENGINEERING ASSISTANT III 511 $6,108.83 MONTHLY $7,425.93 MONTHLY GENERAL20441 ENGINEERING ASSOCIATE 532 $6,777.71 MONTHLY $8,238.83 MONTHLY MIDDLE MANAGEMENT10180 ENGINEERING PROJECT MANAGER 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT30445 ENGINEERING TECHNICIAN 446 $4,417.25 MONTHLY $5,369.57 MONTHLY GENERAL10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,649.01 MONTHLY $8,082.39 MONTHLY MANAGEMENT 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,832.61 MONTHLY $5,874.25 MONTHLY GENERAL20444 ENVIRONMENTAL PROJECT MANAGER 560 $7,793.72 MONTHLY $9,473.10 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,451.83 MONTHLY $9,058.09 MONTHLY MIDDLE MANAGEMENT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,480.97 MONTHLY $7,877.59 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX) 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL30943 EQUIPMENT SERVICE WORKER 408 $3,655.40 MONTHLY $4,443.08 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL10707 EXECUTIVE ASSISTANT (U) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL10982 EXECUTIVE ASSISTANT TO DIRECTOR (U) 464 $4,736.79 MONTHLY $5,757.77 MONTHLY CONFIDENTIAL10978 EXECUTIVE ASSISTANT TO MAYOR (U) 502 $5,725.07 MONTHLY $6,959.10 MONTHLY CONFIDENTIAL10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 502 $5,725.07 MONTHLY $6,959.10 MONTHLY CONFIDENTIAL10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U) 550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT00083 EXTRA RELIEF HEAVY LABORER (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) 591 $8,924.06 MONTHLY $10,847.89 MONTHLY MANAGEMENT30623 FACILITIES MAINTENANCE MECHANIC 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,227.24 MONTHLY $7,569.02 MONTHLY MIDDLE MANAGEMENT10512 FINANCIAL ANALYST 532 $6,649.01 MONTHLY $8,082.39 MONTHLY MANAGEMENT30506 FLEET PARTS STOREKEEPER 398 $3,476.77 MONTHLY $4,226.79 MONTHLY GENERAL30944 FLEET PARTS TECHNICIAN 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 3  of 8
   
 Packet Pg. 542
ADOPTED 11/16/22
EFFECTIVE 11/16/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 00259 FOOD SERVICE PROGRAM SPECIALIST (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA20060 FOOD SERVICE SUPERVISOR 478 $5,177.90 MONTHLY $6,293.90 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX) 448 $4,462.45 MONTHLY $5,423.37 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL20160 FORENSICS SUPERVISOR 525 $6,545.48 MONTHLY $7,956.07 MONTHLY MIDDLE MANAGEMENT20490 FORESTRY SUPERVISOR 542 $7,124.98 MONTHLY $8,660.29 MONTHLY MIDDLE MANAGEMENT10624 GIS ADMINISTRATOR 580 $8,448.38 MONTHLY $10,268.84 MONTHLY CONFIDENTIAL10623 GIS ANALYST 483 $5,207.20 MONTHLY $6,329.43 MONTHLY CONFIDENTIAL10730 GRANT DIVISION MANAGER (U) 601 $9,380.76 MONTHLY $11,402.68 MONTHLY MANAGEMENT 10778 GRANT WRITER 506 $5,841.09 MONTHLY $7,099.38 MONTHLY CONFIDENTIAL30133 GRANTS ANALYST 476 $5,130.68 MONTHLY $6,236.88 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL20100 GRANTS MANAGER (U) 506 $5,954.15 MONTHLY $7,236.80 MONTHLY MIDDLE MANAGEMENT30098 GROUNDWORKER ARBORIST 392 $3,374.54 MONTHLY $4,101.97 MONTHLY GENERAL30516 HAZMAT TECHNICIAN 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL10700 HOMELESS SERVICES COORDINATOR 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,668.11 MONTHLY $6,889.49 MONTHLY MANAGEMENT10129 HOUSING DIVISION MANAGER (U) 601 $9,380.76 MONTHLY $11,402.68 MONTHLY MANAGEMENT10657 HUMAN RESOURCES ANALYST 518 $6,200.75 MONTHLY $7,537.09 MONTHLY CONFIDENTIAL10683 HUMAN RESOURCES ANALYST I 500 $5,668.11 MONTHLY $6,889.49 MONTHLY CONFIDENTIAL10684 HUMAN RESOURCES ANALYST II 518 $6,200.75 MONTHLY $7,537.09 MONTHLY CONFIDENTIAL10682 HUMAN RESOURCES ANALYST TRAINEE 476 $5,028.95 MONTHLY $6,113.21 MONTHLY CONFIDENTIAL10672 HUMAN RESOURCES DIVISION MANAGER (U) 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL30207 HUMAN RESOURCES TECHNICIAN 418 $3,841.56 MONTHLY $4,670.13 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL10627 INFORMATION TECHNOLOGY ANALYST I (FLEX) 490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,262.98 MONTHLY $7,613.03 MONTHLY CONFIDENTIAL 10637 INFORMATION TECHNOLOGY MANAGER 599 $9,287.94 MONTHLY $11,288.76 MONTHLY MANAGEMENT 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) 447 $4,439.85 MONTHLY $5,396.47 MONTHLY GENERAL30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $4,905.79 MONTHLY $5,962.48 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE  NA $32.96 HOURLY $32.96 HOURLY NA30113 LEAD ANIMAL CONTROL OFFICER 437 $4,223.56 MONTHLY $5,133.91 MONTHLY GENERAL 30080 LEAD BUILDING INSPECTOR 526 $6,583.37 MONTHLY $8,002.71 MONTHLY GENERAL30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,725.75 MONTHLY $6,960.00 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,459.55 MONTHLY $4,205.27 MONTHLY GENERAL30932 LEAD EQUIPMENT MECHANIC 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL20170 LEAD FORENSICS SPECIALIST 503 $5,864.91 MONTHLY $7,129.29 MONTHLY MIDDLE MANAGEMENT30490 LEAD MAINTENANCE WORKER 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,004.78 MONTHLY $6,083.00 MONTHLY GENERAL10319 LEGAL ADMINISTRATIVE ASSISTANT (U) 497 $5,583.74 MONTHLY $6,787.18 MONTHLY CONFIDENTIAL30335 LIBRARIAN I (FLEX) 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL30366 LIBRARIAN II 479 $5,208.16 MONTHLY $6,330.50 MONTHLY GENERAL30341 LIBRARY ASSISTANT 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,732.79 MONTHLY $5,753.10 MONTHLY MIDDLE MANAGEMENT 10401 LIBRARY DIRECTOR (U) 635 $11,114.73 MONTHLY $13,508.97 MONTHLY MANAGEMENT20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,552.05 MONTHLY $6,748.68 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $3,919.03 MONTHLY $4,763.75 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 4  of 8
   
 Packet Pg. 543
ADOPTED 11/16/22
EFFECTIVE 11/16/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 00361 LIBRARY PAGE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA20387 LIBRARY PROGRAM COORDINATOR 450 $4,502.71 MONTHLY $5,473.56 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX) 380 $3,178.70 MONTHLY $3,864.15 MONTHLY GENERAL30392 LIBRARY TECHNICIAN II 402 $3,546.71 MONTHLY $4,311.80 MONTHLY GENERAL00133 LIFEGUARD (PT) 370 $2,810.00 MONTHLY $3,416.00 MONTHLY NA30215 LITERACY PROGRAM COORDINATOR 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,448.72 MONTHLY $7,837.81 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX) 393 $3,391.76 MONTHLY $4,122.41 MONTHLY GENERAL30487 MAINTENANCE WORKER II 415 $3,784.53 MONTHLY $4,600.18 MONTHLY GENERAL30488 MAINTENANCE WORKER III 425 $3,978.22 MONTHLY $4,835.84 MONTHLY GENERAL10530 MANAGEMENT ANALYST I (FLEX) 476 $5,028.95 MONTHLY $6,113.21 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U) 476 $5,028.95 MONTHLY $6,113.21 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,841.09 MONTHLY $7,099.38 MONTHLY MANAGEMENT10533 MANAGEMENT ANALYST II (U) 506 $5,841.09 MONTHLY $7,099.38 MONTHLY MANAGEMENT10516 MARKETING & MEDIA SPECIALIST 476 $5,028.95 MONTHLY $6,113.21 MONTHLY CONFIDENTIAL30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,760.52 MONTHLY $5,787.09 MONTHLY GENERAL 00502 MAYOR NA $9,378.08 MONTHLY $9,378.08 MONTHLY NA10503 MAYOR'S CHIEF OF STAFF (U) 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U) 561 $7,683.70 MONTHLY $9,339.63 MONTHLY MANAGEMENT10528 NETWORK SYSTEMS ADMINISTRATOR 566 $7,877.77 MONTHLY $9,575.88 MONTHLY CONFIDENTIAL30425 NPDES INSPECTOR I (FLEX) 461 $4,760.52 MONTHLY $5,787.09 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,366.34 MONTHLY $6,523.11 MONTHLY GENERAL20555 NPDES MANAGER 525 $6,545.48 MONTHLY $7,956.07 MONTHLY MIDDLE MANAGEMENT10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U) 591 $8,924.06 MONTHLY $10,847.89 MONTHLY MANAGEMENT30581 PARKING ENFORCEMENT OFFICER 380 $3,178.70 MONTHLY $3,864.15 MONTHLY GENERAL20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $6,845.45 MONTHLY $8,321.62 MONTHLY MIDDLE MANAGEMENT30611 PARKS MAINTENANCE WORKER I (FLEX) 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $3,899.66 MONTHLY $4,740.07 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,294.62 MONTHLY $7,651.00 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL20400 PERMIT SERVICES SUPERVISOR 494 $5,607.96 MONTHLY $6,816.42 MONTHLY MIDDLE MANAGEMENT 30691 PLANNING AIDE 456 $4,643.23 MONTHLY $5,643.97 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U) 594 $9,059.07 MONTHLY $11,011.37 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX) 499 $5,754.80 MONTHLY $6,994.43 MONTHLY GENERAL30682 PLANS EXAMINER II 534 $6,851.31 MONTHLY $8,328.75 MONTHLY GENERAL30481 PLUMBER 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL00192 POLICE CADET (PT) NA $15.00 HOURLY $17.00 HOURLY NA00520 POLICE CALL TAKER (PT) 396 $19.85 HOURLY $24.14 HOURLY NA50283 POLICE CAPTAIN P5 $17,351.00 MONTHLY $17,351.00 MONTHLY POLICE MANAGEMENT20775 POLICE DISPATCH MANAGER 528 $6,644.39 MONTHLY $8,076.49 MONTHLY MIDDLE MANAGEMENT20772 POLICE DISPATCH SUPERVISOR 498 $5,720.85 MONTHLY $6,954.04 MONTHLY MIDDLE MANAGEMENT 32767 POLICE DISPATCHER I (FLEX) 425 $4,025.63 MONTHLY $4,893.48 MONTHLY POLICE DISPATCHER32768 POLICE DISPATCHER II 456 $4,698.57 MONTHLY $5,711.24 MONTHLY POLICE DISPATCHER30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,476.77 MONTHLY $4,226.79 MONTHLY GENERAL50402 POLICE LIEUTENANT P4 $14,743.00 MONTHLY $14,743.00 MONTHLY POLICE MANAGEMENT40751 POLICE OFFICER P1 $7,334.59 MONTHLY $9,795.27 MONTHLY POLICE SAFETY30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL20765 POLICE RECORDS SUPERVISOR 464 $4,828.48 MONTHLY $5,869.22 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX) 369 $3,008.68 MONTHLY $3,657.55 MONTHLY GENERAL30220 POLICE RECORDS TECHNICIAN II 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 5  of 8
   
 Packet Pg. 544
ADOPTED 11/16/22
EFFECTIVE 11/16/22
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 40332 POLICE SERGEANT P3 $9,638.12 MONTHLY $12,621.94 MONTHLY POLICE SAFETY 30585 POOL MAINTENANCE COORDINATOR 421 $3,899.66 MONTHLY $4,740.07 MONTHLY GENERAL 00331 POOL MANAGER I (PT) 421 $3,624.00 MONTHLY $4,405.00 MONTHLY NA00333 POOL MANAGER II (PT) 443 $4,044.00 MONTHLY $4,916.00 MONTHLY NA20019 PRINCIPAL ACCOUNTANT 550 $7,414.20 MONTHLY $9,012.94 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,384.21 MONTHLY $7,760.40 MONTHLY MIDDLE MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) 550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,607.96 MONTHLY $6,816.42 MONTHLY MIDDLE MANAGEMENT30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) 411 $3,710.28 MONTHLY $4,509.79 MONTHLY GENERAL 30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $5,029.53 MONTHLY $6,113.13 MONTHLY GENERAL10212 PUBLIC INFORMATION OFFICER (U) 593 $9,013.71 MONTHLY $10,956.52 MONTHLY MANAGEMENT 30580 PUBLIC WORKS INSPECTOR I (FLEX) 476 $5,130.68 MONTHLY $6,236.88 MONTHLY GENERAL 30583 PUBLIC WORKS INSPECTOR II 499 $5,754.80 MONTHLY $6,994.43 MONTHLY GENERAL30584 PUBLIC WORKS INSPECTOR III 529 $6,683.45 MONTHLY $8,123.23 MONTHLY GENERAL 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $5,958.16 MONTHLY $7,242.82 MONTHLY MANAGEMENT 10863 PURCHASING DIVISION MANAGER (U) 598 $9,241.54 MONTHLY $11,232.86 MONTHLY MANAGEMENT 30770 RANGEMASTER 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL10440 REAL PROPERTY MANAGER 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U) 460 $4,642.92 MONTHLY $5,643.85 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA00244 RECREATION LEADER (PT) 363 $2,714.00 MONTHLY $3,299.00 MONTHLY NA00230 RECREATION SPECIALIST (PT) 393 $3,152.00 MONTHLY $3,831.00 MONTHLY NA00256 RECREATION SUPERVISOR (AQUATICS) (PT) 481 $4,888.00 MONTHLY $5,942.00 MONTHLY NA30825 RECREATION THERAPIST 468 $4,929.46 MONTHLY $5,992.61 MONTHLY GENERAL30115 REGISTERED VETERINARY TECHNICIAN 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL10690 RISK DIVISION MANAGER (U) 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10538 SAFETY OFFICER 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL00266 SECURITY OFFICER I (PT) 371 $2,824.00 MONTHLY $3,433.00 HOURLY NA 00265 SECURITY OFFICER II (PT) 395 $3,183.00 HOURLY $3,869.00 HOURLY NA30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL30410 SENIOR ARBORIST 502 $5,840.89 MONTHLY $7,099.89 MONTHLY GENERAL10154 SENIOR CIVIL ENGINEER 581 $8,490.57 MONTHLY $10,319.47 MONTHLY MANAGEMENT30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,181.59 MONTHLY $5,083.34 MONTHLY GENERAL30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U) 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) 435 $4,098.68 MONTHLY $4,982.54 MONTHLY CONFIDENTIAL10632 SENIOR GIS ANALYST 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,666.12 MONTHLY $5,672.33 MONTHLY CONFIDENTIAL 10689 SENIOR HUMAN RESOURCES/RISK ANALYST 559 $7,607.76 MONTHLY $9,246.81 MONTHLY CONFIDENTIAL10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,383.10 MONTHLY $8,974.69 MONTHLY CONFIDENTIAL10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 460 $4,642.92 MONTHLY $5,643.85 MONTHLY CONFIDENTIAL00283 SENIOR LIFEGUARD (PT) 396 $3,199.00 MONTHLY $3,889.00 MONTHLY NA10513 SENIOR MANAGEMENT ANALYST 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT10514 SENIOR MANAGEMENT ANALYST (U) 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $8,969.42 MONTHLY $10,901.68 MONTHLY CONFIDENTIAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 6  of 8
   
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CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30710 SENIOR OFFICE ASSISTANT 375 $3,100.15 MONTHLY $3,768.38 MONTHLY GENERAL 10223 SENIOR OFFICE ASSISTANT (U) 375 $3,038.67 MONTHLY $3,693.66 MONTHLY CONFIDENTIAL20243 SENIOR PLANNER 549 $7,377.64 MONTHLY $8,967.78 MONTHLY MIDDLE MANAGEMENT00294 SENIOR RECREATION LEADER (PT) 372 $2,838.00 MONTHLY $3,450.00 MONTHLY NA10300 SHELTER VETERINARIAN 644 $11,624.17 MONTHLY $14,130.20 MONTHLY MANAGEMENT 30978 SOLID WASTE FIELD INSPECTOR 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 20995 STATION MANAGER 490 $5,497.22 MONTHLY $6,682.02 MONTHLY MIDDLE MANAGEMENT00019 STUDENT INTERN (PT) 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA20336 TECHNOLOGY LIBRARIAN 502 $5,835.89 MONTHLY $7,093.81 MONTHLY MIDDLE MANAGEMENT10443 TRAFFIC ENGINEER 573 $8,158.33 MONTHLY $9,916.56 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,777.71 MONTHLY $8,238.83 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,489.46 MONTHLY $9,103.25 MONTHLY MIDDLE MANAGEMENT20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $6,812.12 MONTHLY $8,279.69 MONTHLY MIDDLE MANAGEMENT30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX) 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,339.44 MONTHLY $6,489.76 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,170.16 MONTHLY $7,500.18 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,495.06 MONTHLY $4,247.23 MONTHLY GENERAL10740 TREASURY MANAGER 598 $9,241.54 MONTHLY $11,232.86 MONTHLY MANAGEMENT 20666 TREASURY SUPERVISOR 502 $5,835.89 MONTHLY $7,093.81 MONTHLY MIDDLE MANAGEMENT 30620 VOLUNTEER COORDINATOR (GRANT FUNDED) 358 $2,848.35 MONTHLY $3,461.71 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,784.19 MONTHLY $5,816.14 MONTHLY GENERAL REVISION ADOPTED BY MCC 6/19/17REVISION ADOPTED BY MCC 6/20/18REVISION ADOPTED BY MCC 06/19/19REVISION ADOPTED BY MCC 8/21/19REVISION ADOPTED BY MCC 1/15/20REVISION ADOPTED BY MCC 6/24/20REVISION ADOPTED BY MCC 9/2/20REVISION ADOPTED BY MCC 12/16/20REVISION ADOPTED BY MCC 2/17/21REVISION ADOPTED BY MCC 7/21/21REVISION ADOPTED BY MCC 6/16/21REVISION ADOPTED BY MCC 7/21/21REVISION ADOPTED BY MCC 8/4/21REVISION ADOPTED BY MCC 9/15/21REVISION ADOPTED BY MCC 10/20/21REVISION ADOPTED BY MCC 11/3/21REVISION ADOPTED BY MCC 2/2/22REVISION ADOPTED BY MCC 2/16/22REVISION ADOPTED BY MCC 3/16/22REVISION ADOPTED BY MCC 4/6/22REVISION ADOPTED BY MCC 5/18/22REVISION ADOPTED BY MCC 6/15/22REVISION ADOPTED BY MCC 7/20/22(U) DENOTES UNCLASSIFIED * Part‐time, seasonal, and temporary filled positions with a salary established in Resolution No. 2022‐    shall be paid the hourly equivalent of the salary listed in the 2022/2023 Salary Schedule and shall be provided only those benefits mandated by applicable SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 7  of 8
   
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CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT REVISION ADOPTED BY MCC 8/17/22REVISION ADOPTED BY MCC 9/21/22REVISION ADOPTED BY MCC 10/19/22REVISION ADOPTED BY MCC 11/2/22 SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 8  of 8
   
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CITY OF SAN BERNARDINO POLICE DEPARTMENT
First 6 Following Third Fourth Fifth & SubJOB Months 18 Months Year Year sequent Yrs TITLE Service Service Service Service Service
Monthly Pay Rates Effective July 1, 2022:

Police Officer $7,334.59 $7,949.49 $8,565.46 $9,180.36 $9,795.27 P-1
Detective/Corporal $8,516.94 $9,180.36 $9,843.78 $10,506.16 $11,169.58 P-2
Sergeant $9,638.12 $10,383.81 $11,129.50 $11,876.25 $12,621.94 P-3
Lieutenant -- -- -- -- $15,898.11
P-4
Captain -- -- -- -- $18,710.45
P-5
Assistant Chief -- -- -- -- $22,906.31
P-6
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28 RESOLUTION NO.______

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

BERNARDINO, CALIFORNIA, ESTABLISHING A SAN BERNARDINO POLICE MANAGEMENT ASSOCIATION EMPLOYEE COMPENSATION AND BENEFITS PLAN.

WHEREAS, the City and the San Bernardino Police Management Association (“SBPMA”) have met and conferred in good faith pursuant to California Government Code Section 3500 et seq. and have reached agreement on compensation, benefits and other terms and conditions of employment; and
WHEREAS, the City and the SBPMA desire to memorialize such terms through the adoption of this Resolution.;

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

SECTION 1. The Mayor and Common City Council hereby establish a Police Management Employee Compensation and Benefits Plan which defines the wages and benefits of those employees whose positions are a part of the Police Management and are represented by the San Bernardino Police Management Association (SBPMA).

SECTION 2. The Police Management Employee Compensation and Benefits Plan (Plan) shall be as follows:

A. Recognized Employee Classifications:

1. Assistant Chief of Police

2. Police Captain

3. Police Lieutenant
B. Compensation – Salaries:

For each year that this Agreement is in effect, the monthly salaries of local safety members of the San Bernardino Police Management Association shall be increased by 3.5%. In addition, salary surveys shall be conducted annually, in accordance with the City Charter, Article X, Section 186 and consistent with the interpretation and methodology currently utilized by the City. In the event that the annual salary adjustment for each classification surveyed exceeds 3.5%, the higher amount shall determine the salary for that classification. Salary increases shall be effective August 1 in accordance with the City Charter. The provisions of this section shall continue during the term of this Agreement regardless of whether City Charter Section 186 is repealed or otherwise modified.

Bargaining Unit Employees shall receive the following cost of living adjustments during the term of this Agreement:
• First pay period starting after July 1, 2021 2.7%
• First pay period starting after July 1, 2022 5%
• First pay period starting after July 1, 2023 3.75%
• First pay period starting after July 1, 2024 3.65%
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28 C. Compensation – PERS/Retirement Plan:
a) Retirement formulas:

Tier I: Employees hired prior to September 1, 2011 shall receive a 3% @ 50 retirement benefit;
Tier II: CalPERS “Classic Members” hired on or after September 1, 2011 shall receive a 3% @ 55 retirement benefit;
Tier III: CalPERS “New Members” hired between January 1, 2013 and December 31, 2015 shall receive a 2.7% @ 57 retirement benefit in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA);
Tier IV: CalPERS “New Members” hired on or after January 1, 2016 shall receive a 2.5% @ 57 retirement benefit in accordance with PEPRA. 1) Employees hired prior to September 1, 2011 shall receive a 3% @ 50 retirement benefit;
2) Employees hired between September 1, 2011 and December 31, 2012 shall receive a 3% @ 55 retirement benefit;
3) Employees hired between January 1, 2013 and December 31, 2015 shall receive a 2.7% @ 57 retirement benefit in accordance with the Public Employees’ Pension Reform Act (PEPRA);
4) Employees hired on or after January 1, 2016 shall receive a 2.5% @ 57 retirement benefit in accordance with PEPRA.
b) Contributions/Cost Sharing: As of the effective date of this Agreement, legacy or classic employees as defined under CalPERS law shall contribute 9% for the first two years of the Agreement and for the next three years, legacy or classic employees shall contribute 12% (9% employee share and 3% employer share).PEPRA employees shall contribute 50% of the normal cost as defined under the Act.
c) The “post survivors retirement” benefit in accordance with § 21624 and § 21635 of the Public Employees’ Retirement Law (PERL) that is currently provided by the City in its contract with CalPERS agreement will be referenced in the new MOU.

D. Compensation - Reimbursable Overtime for Working Contractual Events:

Lieutenants and Captains who are required to 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 overtime, Packet Pg. 550
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28 (either straight time or premium overtime) in accordance with the contract between the City and the third party. The City and the SBPMA acknowledge that this provision shall not result in any additional cost to the City.

E. Education and Professional Development:

The current SBPMA Manager’s Professional Development reimbursement policy shall be amended to include attendance at job related training, seminars, conferences, classes, and membership in professional organizations within the City of San Bernardino determined to be appropriate by the Chief of Police. Any reimbursement for these activities shall be limited to membership dues, fees for attendance and/or materials only and classes must be taken on the employee's own time and shall not exceed $750.00/year for each SBPMA member. Employees shall not be entitled to be reimbursed for travel expenses. Eligibility for reimbursement shall be within the sole discretion of the Chief of Police and shall be dependent on availability of funding.

F. Pre-Petition Leave Banks:

The monetary value of all pre-petition leave bank accruals, including without limitation, vacation, sick leave, concession leave, and holiday leave, will be the subject of distribution as part of the bankruptcy unsecured creditors’ pool. All leave balances accrued on or before August 1, 2012 (Pre-Petition Leave) shall be placed in the unsecured creditors’ pool and will not be available for cash-out (or the cash equivalent by the SBPMA members. This position is consistent with the Recovery Plan adopted by the City Council on May 18, 2015. Under the City’s Recovery Plan, all City employees are subject to these restrictions on pre-petition leaves.

All vacation leave balances, sick leave balances and holiday leave balances that all employees in this bargaining group had accrued as of August 1, 2012 (“pre-petition leave”) will be separated from post August 1, 2012 leave accruals (“post-petition leave”) in each of these leave categories.

With the exception of pre-petition concession leave accruals, pre-petition leave balances, including vacation leave, sick leave and holiday leave, may be utilized by employees in this bargaining group. However, employees are required to utilize all post-petition leave accruals in each category before they utilize any pre-petition leave accruals in the same leave category. All pre-petition concession leave balances shall be placed in the unsecured creditors’ pool and will not be available for use by SBPMA members.

Upon separation from employment with the City, employees will receive payment for any post-petition leave balances according to the terms and conditions outlined in their existing Memorandums of Understanding/Side Letter Agreements and the final paragraph of this section.

Upon separation from employment with the City, employees will not receive payment for any pre-petition leave balances. The monetary value of all pre-petition leave bank accruals will be placed in the unsecured creditors’ pool and be the subject of distribution as part of the bankruptcy unsecured creditors’ pool. Upon final approval of the City’s Plan of Adjustment by the Bankruptcy Court, any remaining pre-petition leave balances, although available for use by current employees, will have no cash value to current employees upon separation from employment with the City.

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28 Upon separation from employment with the City, with the exception of post-petition vacation accruals, all post-petition leave accruals will be deferred pending the final approval and effective date of a Plan of Adjustment by the Bankruptcy Court. Any post-petition leave accruals will be compensated in accordance with the terms of any Resolution adopted by the Mayor and Common Council regarding such payout or by the terms of any other agreement(s) between the City and the SBPMA.

G. Vacation Leave Accruals:

All employees within the bargaining unit covered by this MOU shall be entitled to annual paid vacations as follows:

Completed Years of Rate of Accrual Equivalent Hours
Continuous Service* Per Pay Period Per Year
1 year** 3.0769 3.33 hours 80 hours
5 years 4.6153 5.0 hours 120 hours
15 years 6.1538 6.667 hours 160 hours
20 years 7.6923 8.33 hours 200 hours
*Service year begins on initial date of employment in a full-time regular status. **No vacation granted or accrued, if service is less than one year.

Bargaining unit employees may only accrue maximum vacation leave hours as follows: 1 through 5 years of service: up to 160 hours; 6 through the completion of 15 years of service: up to 240 hours; 16 through the completion of 20 years of service: up to 320; and, 21 or more years of service: up to 400 hours. Once the cap has been reached, an employee may not accrue any additional hours until the employee's accrued leave is below the cap.

H. Holidays:

All participants shall receive the following paid holidays:

New Year's Day January 1st
Martin Luther King Day 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November 11th
Thanksgiving 4th Thursday in November
Day-After Thanksgiving 4th or 5th Friday in November
Christmas Eve December 24th
Christmas Day December 25th
New Year's Eve December 31st
Two (2) Floating Holidays (18 holiday hours)
Holidays listed above shall be allowed on a Monday, if any such holiday falls on Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a Packet Pg. 552
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28 Saturday, for all employees except those covered by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the holiday eves will be observed on Mondays and Tuesdays.

Holidays will accrue at nine (9) hours per holiday. Notwithstanding and effective the pay period starting July 1, 2022, Employees shall accrue holiday leave according to the number of hours in the employee’s regular scheduled work shift. For example, an employee working a 4/10 works schedule shall accrue 10 hours of holiday leave for each designated holiday. Holidays earned in any twelve-month period are not accumulative beyond the total number of holidays allowed each year by this pay plan. Employees may not exceed a balance of 126 150 hours at any time.

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

I. Sick Leave Accrual Caps:

Sick leave earned on or after February 1, 2013 shall be capped at 1040 hours. At the time of separation from service, any employee having fifteen (15) years of continuous service with the City of San Bernardino, may cash out up to 50% of the unused post-petition sick leave. At the time of separation from service, any employee having 20 years or continuous service with the City of San Bernardino may cash out up to 75% of unused post-petition sick leave.

J. Family Sick Leave:

SBPMA bargaining unit members may use unlimited sick leave for the care of an immediate family member. Immediate family member means husband, wife, grandmother, grandfather, mother, father, sister, brother, son, daughter, mother-inlaw, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, domestic partner.

K. Optional Cell Phone Allowance:

Employees who are required to have cell phones for conducting City and Department business may, in lieu of receiving a City issued paid cell phone, elect to maintain a personal cell phone for that purpose. Employees who select this option are entitled to be reimbursed $65.00 per month.

L. Technology Reimbursement:

Employees are eligible for a $1,000.00 reimbursement for technology purchases every two years commencing July 1, 2015. Technology purchases include but are not limited to desktop computers, laptops, tablets, and cellular phones. Employees are required to submit a receipt verifying the purchase(s). The purchase shall not be limited to a single item but can be multiple items with a cumulative reimbursement not to exceed $1,000.00 every two years.

M. Fringe Benefits, Health/Life Insurance – Active Employees:

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28 In Plan Year (Calendar Year) 2016, the City’s contribution toward medical, dental, vision care premiums will be paid at $949.87 (Employee Only), $991.84 (Employee + 1), and $1174.72 (Employee + family), using the Kaiser premiums then in effect.

Effective the first pay period starting after July 1, 2022, the City’s contribution towards medical coverage shall be equal to the premiums for the single, two party, and family levels for coverage, as applicable, not to exceed:
• Employee only $1,008.00 per month
• Employee + 1 $1,439.56 per month
• Employee +2 or more $1,871.43 per month
For the term of this Agreement, should the cost of the Kaiser premium rate exceed the City’s contribution, the City shall increase its contribution to match the Kaiser premium.

Thereafter, the City and the SBPMA will share 50-50 of the dollar increase to the Kaiser premiums for the next two years of the Agreement. During years four and five of the Agreement, the 50-50 cost sharing of the increased Kaiser premiums would be continued, however, the City’s contribution during the last 2 years of the Agreement would be capped at 3% per year. At the end of the Agreement, the 3% cap would sunset, unless otherwise modified by the City and the SBPMA. The amount of the City’s contribution is based on the selection of the “medical” enrollment category. If an employee elects “employee only” medical coverage, then the “employee only” allowance is given to the employee. Any contribution not utilized by the employee shall revert to the City.

An employee who does not want to enroll in any health care plan offered by the City must provide evidence of group health care insurance coverage, and execute a “Waiver of Benefits and Release Agreement” releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. For calendar year 2016, Eemployees who waive the City’s health care insurance shall receive a stipend of $2,500 on in December 15th, 2016. The amount of the stipend shall be determined by the City on an annual basis. Such payment is not considered compensation for purposes of CalPERS and is subject to state and federal taxes. Employees participating in this option are required to waive all medical, dental, and vision insurance coverage from the City.

The SBPMA agrees to participate in the City’s Joint Labor-Management Health Benefits Committee (“Committee”) to evaluate, on an annual basis, City -wide plan designs for health care. All plan designs and City contributions shall be effective January 1st annually.

The amount of the City’s contribution is based on the selection of the” “medical” enrollment category. For example, if an employee elects “employee only” medical coverage, then the “employee only” allowance is given to the employee. As another example, if an employee elects “employee plus family” medical coverage, then the “employee plus family” contribution is provided to the employee. Any contribution not utilized by the employee shall revert to the City.

Employees must purchase insurance offered through the City in order to utilize the contributions described above. Insurance benefits available for purchase by employees include: medical, dental, vision, and supplemental life and accidental Packet Pg. 554
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28 death and dismemberment insurance. However, City contributions cannot be used for any voluntary benefits offered to members through Colonial Life.

Employees must be in a paid status for fifteen (15) consecutive days in any given month to receive the benefits of this Article, unless the employee is on a qualifying approved leave, such as Family Medical Leave, and is eligible for benefit continuation under applicable State or Federal law.

N. Housing Incentives:

During the term of this Agreement, the City shall provide HUD housing incentives to members wishing to purchase homes within the City of San Bernardino ("Community Revitalization Program"). Such incentives shall represent a 50% discount from the list price of the home. All participants in this program must commit to live in the property for three (3) years. The City shall provide to the SBPMA a summary of the terms of this Community Revitalization Program.

O. Additional Items:

1. Uniform Allowance. SBPMA members shall receive an annual uniform allowance of $950 to be paid in a lump sum on or before March each year of the term of this agreement.

2. POST Incentive Pay; Special Certification Pay. SBPMA members may receive additional compensation for obtaining a POST certificate as set forth below. Such additional payment for certificates is not cumulative and the SBPMA member is only entitled to additional compensation only for the highest level certificate earned.
a. All SBPMA members who obtain a POST Intermediate Certificate shall receive two hundred dollars ($200) additional compensation per month. b. All SBPMA members who obtain a POST Advanced Certificate shall receive two hundred fifty dollars ($250) additional compensation per month.
c. All SBPMA members who obtain a POST Supervisory Certificate shall receive two hundred seventy-five dollars ($275) additional compensation per month.
d. All SBPMA members who obtain a POST Management Certificate shall receive four hundred fifty dollars ($450) additional compensation per month. The amount of the POST Management Certificate pay shall be increased as follows:
a. $1,245 effective the first pay period starting after July 1, 2022, b. $1,400 effective the first pay period starting after July 1, 2023, d.c.$1,485 effective the first pay period starting after July 1, 2024.

3. Administrative Leave. In lieu of monetary compensation, all forty (40) hour/week SBPMA employees shall be assigned eighty (80) hours of Administrative Leave per year each July 1st. Administrative Leave shall not be carried beyond the end of any fiscal year and shall not be paid for at any time.

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28 4. Deferred Compensation. The City shall provide for a deferred compensation plan for all SBPMA members. With regard to the deferred compensation plan, the City shall make the following contributions on behalf of SBMPA members as follows:
a. Effective the first pay period starting after July 1, 2023:
i. Lieutenants $150 per month
ii. Captains $200 per month
iii. Assistant Chief $250 per month
b. Effective the first pay period starting after July 1, 2024:
i. Lieutenants $225 per month
ii. Captains $300 per month

4.iii. Assistant Chief $375 per month

5. Long-Term Disability Insurance. The City shall provide long term disability insurance for all SBPMA members. Subject to the usual provisions and exclusions of such insurance plans, the coverage shall be for sixty percent (60%) of salary after a sixty (60) calendar day elimination period, for a maximum period of two years. An SBPMA employee shall not be required to exhaust his or her sick leave to receive benefits.

6. Life and Accidental Death & Dismemberment (AD&D) Insurance. The City shall provide Term Life of fifty thousand dollars ($50,000) and Accidental Death and Dismemberment Insurance of fifty thousand dollars ($50,000).

7. Longevity Pay. Employees with 20 or more years of continuous service with the City shall receive longevity pay as set forth below:
a. $300 per month effective the first pay period starting after July 1, 2022,
b. $400 per month effective the first pay period starting after July 1, 2023,
c. $700 per month effective the first pay period starting after July 1, 2024.

8. Education Pay. The City shall pay Employees educational pay as set forth below. Such educational pay is not cumulative, and the employee is only entitled to additional compensation only for the highest degree earned. a. Effective the first pay period starting after July 1, 2023:
i. Lieutenants with a bachelor’s degree or higher -- $175 per month.
ii. Captains and Assistant Chief with a master’s degree or higher -- $300 per month.
b. Effective the first pay period starting after July 1, 2024:
i. Lieutenants with a bachelor’s degree -- $250 per month. ii. Lieutenants with a master’s degree or higher -- $300 per month.
iii. Captains and Assistant Chief with a master’s degree or higher -- $450 per month.

P. Per Diem Policy:

The City shall pay employees per diem rates for authorized travel and lodging related to attendance at schools, training, and other approved work related duties. Per Diem rates will be determined by location and destination of the school or business Packet Pg. 556
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28 attended and in accordance with the guidelines the U.S. General Services Administration. Requirements for receiving per diem expenses will be provided in the City of San Bernardino’s Department/Director Letter, No. 32.

Q. General Provisions:

1. The Term of this Agreement shall be five (5) years, commencing on July 1, 20152020 and will expire on June 30, 2025. The dates of this Agreement shall be:
• 2015 - 2016;
• 2016 - 2017;
• 2017 - 2018;
• 2018 - 2019; and
• 2019 - 2020.

2.1. In January 20202025, either Party may submit to the other, a written request to bargain for a successor agreement, including a list of proposals on economic or non - economic issues.

3.2. The compensation, benefits, and other terms and conditions of employment shall supersede and replace any and all prior Resolutions, Side Letters, or any other Agreements.

R. Bankruptcy Provisions and Release of Claims:

1. The above terms and conditions will become effective upon execution by the parties, provided, however, that the terms will become null and void and of no further effect if the City’s Plan of Adjustment is not approved by the Bankruptcy Court.

2. The City will append this Resolution to its Plan of Adjustment (“Plan”), and the Plan and confirmation order shall provide for Court approval of the terms set forth herein.

3.1. Under the Plan of adjustment approved by the Bankruptcy Court, all claims of the SBPMA and its members with respect to wages, pensions (including implementation of cost sharing and elimination of the EPMC benefit), other benefits and other terms and conditions of employment that arose prior to the date of the confirmation of the Plan, including, without limitations, all claims arising from the City’s changes to the terms and conditions of employment and/or rejection of any prior agreements (collectively the “Police Management Claims”) shall be treated as general unsecured claims under the Plan, and the City and its officers shall be discharged from such Police Management Claims upon confirmation of the Plan; provided, however, that any claims arising under this Resolution after it is approved by the City and the SBPMA (eg. Grievances) shall not be discharged as long as (a) the SBPMA complies with the terms of this Resolution, and 2) the Court confirms the Plan.

4. The SBPMA shall support confirmation of the Plan that incorporates this Resolution.

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28 5. The City and the SBPMA shall stipulate and agree on the amount of the Police Management Claims. The SBPMA shall vote the full amount of the Police Management Claims in favor of the Plan and shall file a brief in support of confirmation of the Plan.

6. The Resolution is not a solicitation by the City, and the SBPMA’s commitment to vote the Police Management Claims in favor of the Plan is not effective until the Court approves a Disclosure Statement that incorporates this Resolution.

S. Post-Petition Leave Sell Back:

Once per year, members of the bargaining unit will be granted the option of selling up to one-quarter (1/4) of their accrued post-petition vacation, holiday, and sick leave to the City. An eligible employee shall notify the City by August 1 of his/her request for sellback for the prior fiscal year ending June 30. The City shall compensate the eligible employees on the first payday in September, paid at their current wage rate. ///
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28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN

BERNARDINO ESTABLISHING A SAN BERNARDINO POLICE MANAGEMENT ASSOCIATION EMPLOYEE COMPENSATION AND BENEFITS PLAN.

I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ____________ meeting thereof, held on the _______ day of __________________, 2015, by the following vote, to wit:

Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
JOHNSON _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, City Clerk
The foregoing Resolution is hereby approved this ________ day of ______________, 2015.

R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:

Gary D. Saenz, City Attorney
By: _________________________
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks, Recreation & Community Services
Subject: Allocation of $110,000 from the Cultural Development Impact Fund to fund facility upgrades at the Norton
Gym and Jerry Lewis Swim Center Pump Room and to
fund the Veterans Stand Down event and employee
recognition event.

Recommendation:

Adopt Resolution No. 2022-238 of the Mayor and City Council of the City of San Bernardino, California, approving the allocation of $110,000 from the Cultural Development Impact Fund to be allocated to facility upgrades at Norton Gym ($30,000), Jerry Lewis Swim Center Pump Room ($50,000), Veterans Stand Down event ($20,000), and employee recognition event ($10,000).

Background
Parks and Recreation staff have developed a plan for facility improvements at the following locations:
• Norton Gym- Funds were budgeted for lobby upgrades, gym tile removal, and floor resurfacing; additional funds are needed for bleacher repair and updated scoreboards.
• Jerry Lewis Swim Center- funds were budgeted for a new heater; additional funds are needed to update all controllers and add a separate area for acid containers.

In addition to facility improvements above, staff recommends allocating funds for the following events:
• Annual Veterans Stand Down and Homeless Outreach resource event. • Annual end of year holiday event recognizing the City’s employees.

Discussion
Norton Gym
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Staff had originally budgeted funds for the Norton Gym lobby upgrades, basketball gym tile removal, and gym floor resurfacing. With the additional bleachers and score board the Norton Gym is set to invite tournament style play from various offsite teams for youth, high school, travel, and community college play for three sports (basketball, volleyball, and pickleball), which will increase revenue for the City and local businesses, while at the same time, the site will help serve the Public Safety Academy students and allow them introduction to various sports. The recommended allocation is $30,000.

Jerry Lewis Family Swim
Staff are preparing for the first year-round season at the Jerry Lewis Family Swim Center with the addition of a heater, which will be installed by the end of November 2022. In the preparation for the heater installation and the use of pump room equipment at an increased level, a thorough review of ventilation and fans was completed. To eliminate 100% of corrosion fumes from the acid tanks in the pump room, it is recommended that a separate closet be constructed outside of the pump room to provide greater longevity of pump room equipment. In addition to this, digital controllers are needed to make the water circulation, chemical release, and heating needs efficient for the facility and ultimately reduce staff time. These digital controls are used across the nation in year-round facilities and provide 24/7 digital access from a computer or smart phone. This will allow our pool technician and aquatics team to effectively control water quality and chemical use to eliminate waste. The recommended allocation for this is $50,000.

Veterans Stand Down and Homeless Outreach Event
With the growing success of the annual Veterans Stand Down and homeless outreach event, staff recommends the City’s continuous support for this event. This allocation would go into the Parks and Recreation Special Event budget for payment to vendors, rentals, and storage for the annual event. The recommended allocation for this event is $20,000.

Employee End of Year Holiday Event
In preparing for a holiday celebration for 300+ employees, staff recommends an allocation of $10,000 to allow for a formal recognition yearly event. The event will include catered food, refreshments, and decorations with a small recognition gift for each person in attendance.
2021-2025 Strategic Targets and Goals
The acceptance of the grant contribution and sponsorship aligns with Strategic Target No. 2: Focused, Aligned Leadership and Unified Community by providing opportunities to an underserved community to engage in participation in a yearly resource event that will continue to benefit the city in helping the veteran and homeless populations; and enhance employee motivation and encourage a positive leadership culture within the city through employee recognition events. Strategic No. 3: Improved Quality of Life whereby the community has access to upgraded aquatic and athletic facilities that invite surrounding communities to experience positive recreational opportunities.

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Fiscal Impact
There is no General Fund impact from this action, the funding is recommended to be allocated from the Cultural Development Fund.

The total event support from the City will be $110,000 to cover costs of facility improvements, underserved community events and employee recognition and appreciation event.

Conclusion
Adopt Resolution No. 2022-238 of the Mayor and City Council of the City of San Bernardino, California, approving the allocation of $110,000 from the Cultural Development Impact Fund to be allocated to facility upgrades at Norton Gym ($30,000), Jerry Lewis Swim Center Pump Room ($50,000), Veterans Stand Down event ($20,000), and employee recognition event ($10,000).

Attachments
Attachment 1 - Resolution 2022-238 Cultural Development Impact Funds for Facility Upgrades and Events
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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Resolution No. 2022-238
Resolution 2022-238
November 16, 2022

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