Cities Index.
Agenda packet

Mayor and City Council
January 18, 2023

Document
Agenda packet
Meeting
January 18, 2023
Body
Mayor and City Council
Pages
31
Original file
131.1 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. 2023-012

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT AND

ADMINISTER THE CALIFORNIA PUBLIC UTILITIES

COMMISSION (CPUC) LOCAL AGENCY TECHNICAL

ASSISTANCE GRANT AND AUTHORIZING THE AGENCY

DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND
THE FY 2022/23 ADOPTED BUDGET BY THE AMOUNT OF
$425,256.14 IN BOTH REVENUES AND EXPENDITURES.

WHEREAS, The City of San Bernardino desires to provide high-quality, affordable access to internet services to all of its residents; and
WHEREAS, the City of San Bernardino has been awarded the California Public Utilities Commission (CPUC) Local Agency Technical Assistance Grant to aid in developing a strategy to provide broadband access to City of San Bernardino residents.

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

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

SECTION 2. The Mayor and City Council hereby ratify the CPUC Local Agency Technical Assistance Grant Agreement, in the amount of $425,256.14, attached hereto, marked Attachment 2, and incorporated herein.

SECTION 3. The Agency Director of Administrative Services is hereby authorized to amend the Adopted FY2022/23 budget increasing both revenues and expenditures by $425,256.14, as outlined in the attached grant agreement budget.

SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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Resolution No. 2023-012
Resolution 2023-012
January 18, 2023

Page 2 of 3 ends

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2023.

Helen Tran, 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. 2023-012
Resolution 2023-012
January 18, 2023

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. 2023-___, adopted at a regular meeting held on the ___ day of _______ 2023 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 ____________ 2023.

Genoveva Rocha, CMC, City Clerk
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California Public Utilities Commission
Local Agency Technical Assistance Program

CONSENT FORM
Acknowledgement and Acceptance of Terms
Applicant Name: _________________________________________________________ Key Project Contact: ______________________________________________________ The Grantee identified above acknowledges receipt of the California Public Utilities Commission Resolution T-__________ or Award Letter Dated__________ and agrees to comply with all grant terms, conditions, and requirements set forth in the Resolution or Approval Letter including those in the Local Agency Technical Assistance Rules.

Undersigned representative of ____________________________________ [Name of Grantee] is duly authorized to execute this Consent Form on behalf of the Grantee and to bind the Grantee to the terms, conditions, and requirements set forth in California Public Utilities Commission Resolution T-_____________ or Award Letter.

Dated this ______ day of ______________, 20___.

Signature of Local Agency/Tribe:
_______________________________________________________________________ Title____________________________________________________________________ Printed Name____________________________________________________________ ________________________________________________________________________ Organization or Name of Local Agency or Tribe:
________________________________________________________________________ Business Address (include street address, suite/apt. number, city, state, and ZIP Code):
_______________________________________________________________________ Telephone Number: ______________________________________________________ Email Address: ___________________________________________________________ City of San Bernardino
Rolland Kornblau, Director of Information Technology
11/23/22
City of San Bernardino
28th November 22
City Manager
Robert D. Field
City of San Bernardino
290 North D Street, San Bernardino, CA 92401
(909) 384-5122
[email protected]
DocuSign Envelope ID: 77A40B9D-0643-44D3-89B0-DA2B9AA92C25 Packet Pg. 871

State of California
Financial Information System for California (FI$Cal)

GOVERNMENT AGENCY TAXPAYER ID FORM
2000 Evergreen Street, Suite 215
Sacramento, CA 95815
www.fiscal.ca.gov
1-855-347-2250
The principal purpose of the information provided is to establish the unique identification of the government entity.

Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a different TIN must submit a separate form. Fields marked with an asterisk (*) are required. Hover over fields to view help information. Please print the form to sign prior to submittal. You may email the form to: [email protected], or fax it to (916) 576-5200, or mail it to the address above.

Principal
Government
Agency Name*
Remit-To
Address (Street
or PO Box)*
City* State * Zip Code*+4
Government Type: City County
Special District Federal
Other (Specify)
Federal
Employer
Identification
Number
(FEIN)*
List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the same FEIN and receives payment from the State of California.

Dept/Division/Unit Complete
Name Address
Dept/Division/Unit
Name
Complete
Address
Dept/Division/Unit
Name
Complete
Address
Dept/Division/Unit
Name
Complete
Address
Title
E-mail address
Contact Person*
Phone number*
Signature* Date
City of San Bernardino 290 North D Street San Bernardino CA 92401 ✔ 95-6000772 Finance 290 North D Street San Bernardino CA 92401 Police 710 North D Street San Bernardino CA 92401 Library 555 West 6th Street San Bernardino CA 92410 Mary Alvarez-Gomez Grants Division Manager (909) 384-5341 [email protected] 11/30/22 DocuSign Envelope ID: 77A40B9D-0643-44D3-89B0-DA2B9AA92C25 Packet Pg. 872
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#
Item
Included
?
Item To Be Completed By Applicant
(submit separately if indicated below)
1 Applicant Name and
Organization Rolland Kornblau, City of San Bernardino
Authorized Local Agency
or Tribal Leader Name
and Title
Provide information below:

Address Line 1 290 North D Street
Address Line 2
City San Bernardino
State CA
ZIP Code 92401
Website Address https://www.sbcity.org/
Phone Number (909) 384-7272
California Tribe? No
Federal Tribal
Recognition? No
2 Key Project Contact (i.e.,
staff contract manager) Provide information below:

First Name Rolland
Last Name Kornblau
Organization Position Director of Technology
Address Line 1 290 North D Street
Address Line 2
City San Bernardino
State CA
ZIP Code 92401
Email Address [email protected]
Phone Number (909) 384-5947, Ext. 3017
3 Grant Project
Description Provide information below:

Project Title Smart San Bernardino
City of San Bernardino
Brief Description The proposed technical assistance grant will fund development of a Needs Assessment, Broadband

Project Location The City of San Bernardino intends for this LATA Application and proposed project to cover all the

4 Letter of Support Submit as separate attachment(s) and check box to indicate included.
5 Project Proposal (if
planning to use in-house
staff) or Proposed
Contract (if planning to
outsource work)
Submit as a separate attachment(s) and check
box to indicate included.

Must include: (1) the project scope of work for a
consultant and/or staff to carry out the Local Agency
Technical Assistance; (2) detailed cost estimate
including hourly rates and estimated total hours for
each person; and (3) proposed timeline for
completion; (4) geographic basis for the proposed
project area (such as by Census Block) sufficient to
demonstrate broadband need.

If the applicant intends, as part of the project, to (a) complete multiple work products (i.e. joint powers
agreement(s), feasibility studies, etc.) and (b) request partial payment for work product(s) completed
before the project's completion, all potential work
products must be outlined and supported in the
contract or proposal, and listed separately in the
Budget Summary.
6 Proposed Total Budget
($) $425,256.14
7 Project Summary Provide information in Tab 2 (Project Summary) of this spreadsheet and check box to indicate included.
8 Budget Summary Provide information in Tab 3 (Budget Summary) of this spreadsheet and check box to indicate included.
9 Name of Organization to
Receive Payment (Local
Agency or Tribal Entity)
City of San Bernardino
Address Line 1 290 North D Street
Address Line 2
City San Bernardino
State CA
Zip Code 92401
Website Address https://www.sbcity.org/
Phone Number (909) 384-7272
PART 1. GRANT APPLICATION CHECKLIST
Instructions: To assist the CPUC Communications Division in verifying the completeness of your application, mark the box to the left of each item to indicate you provided the requested information and uploaded required additional materials with your application spreadsheet. For more details about these requirements, please review CPUC Decision D.22-02-026, Appendix 1. link to D.20-22-026 Technical Assistance Decision and Guidelines (1) Application Checklist Page 1 of 6
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Name and Location of Proposed Grant Project
Smart San Bernardino
City of San Bernardino
Type of Project and Scope
Planning Project: A Proposal for Professional
Technical Services to develop a Citywide Needs
Assessment, Broadband Strategic Master Plan, and a
Community Engagement Plan for the City of San
Bernardino. Please see additional details in attached
Scope of Work.

Total Budget ($)
Year 1: $275,256.14
Year 2: $150,000.00
Project Timeline (include start and end dates, must
be completed within 24 months)
Start date: January 2023
End date: December 2024
How will the proposed technical assistance grant
support broadband infrastructure deployment to
unserved and/or underserved households and
businesses at speeds of at least 100 Mbps upload
and download speeds?
The entire City of San Bernardino is unserved or
underserved with varying download and upload
speeds. This proposal identifies the city areas and the speeds that are substandard compared to the 100
Mbps Governor's goal. This proposal is designed to
assist the City with developing a broadband
infrastructure that will provide the required and
necessary speeds for residents and businesses to
facilitate faster and reliable internet services and ecommerce. Please see additional details in attached Project Summary.

Summary of consultant/staff/team experience -
Upload resume qualifications separately
The City of San Bernardino will hire a consultant who
is qualified in broadband delivery and infrastructure
installation, knowledgeable about municipal
broadband business models, and proven record of
recommending financing options including
partnerships that benefit the municipality and its
consumers. Please see additional Project Team
qualifications in attached document and resumes.

PART 2: PROJECT SUMMARY
Instructions: Please provide the following information about a broadband technical assistance project that supports a local agency or Tribe. Project types may include but are not limited to: needs assessments, market studies, broadband strategic plans, business plans; environmental, feasibility, engineering design studies or reports; forming a joint powers authority; consultant and community-based organization services. (2) Project Summary Page 2 of 6
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Short description of the project suitable for posting
on the Commission’s web page. [see example
below]
The proposed technical assistance grant will fund
development of a Needs Assessment, Broadband
Strategic Plan, and a community engagement plan for
the City of San Bernardino. This plan will outline a
strategy that is expected to result in broadband
infrastructure projects designed to provide service to
unserved or underserved households and businesses
and that are designed to, upon completion, reliably
meet or exceed the Governor’s goal of all Californians
having reliable internet at 100 Mbps download and
25 Mbps upload speeds. This project will be
completed within the 24-month timeline.

Other Information
The proposed timeline is attached as a separate
document and explained with the attached scope of
work as well.

Example: Short Description of Local Agency Technical Assistance Study The proposed technical assistance grant will fund development of a Broadband Strategic Plan for City X. This plan will outline a strategy that is expected to result in broadband infrastructure projects designed to provide service to unserved or underserved households and businesses and that are designed to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds. This project will be completed i hi h h i li
(2) Project Summary Page 3 of 6
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Applicant (Local Agency or Tribe):

Project Name:

Budget Line Item Work Product Work Product Work Product Work Product Work Product Work Product Work Product Title (e.g, RFP
Development, Needs Assessment,
Strategic Broadband Plan)
Needs
Assessment
Strategic
Broadband
Plan
Community
Engagement
Plan
Timeline (weeks from project start) 6 Months
(concurrently)
18 Months
(concurrently)
18 Months
(concurrently)
Work Product Costs (for consultants,
subconsultants, organizations, and/or
staff)
Cost Cost Cost Cost Cost Cost
Consultant $ 50,024.00 $ 295,666.00 $ 47,574.00
Total Work Product Costs (for
consultants, subconsultants,
organizations, and/or staff)
$ 50,024.00 $ - $ - $ - $ 295,666.00 $ 47,574.00
Total Administrative Costs (see Note ) $ 4,751.66 $ - $ - $ - $ 24,693.48 $ 2,547.00 TOTAL COSTS $ 54,775.66 $ - $ - $ - $ 320,359.48 $ 50,121.00 Note:

Local Agency Technical Assistance Application
City of San Bernardino
Administrative costs are defined as indirect overhead costs attributable to a project, per generally accepted accounting principles (GAAP), and the direct cost o f complying with Commission administrative and regulatory requirements related to the grant itself. Up to 15%of administrative costs may be associated with the securing or completion of reimbursable work products, other than the cost of local agency staff hours. ( D.22-02-026, Attachment 1 at 2)
PART 3. BUDGET SUMMARY
Smart San Bernardino
Year 1 Year 2
Instructions: Please provide the following budget summary information for your proposed grant project. Identify each reimburseable work product expected to result from the proposed contract (if outsourcing) or project proposal (if in-house staff).

Add additional space if needed.

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Information Requested Instructions Response
Choose from drop down on right. city
Describe type of Local Agency if not in dropdown.

Describe Project Location
Provide a short description of the intended
geographic location(s) (e.g. city limits, county
limits, utility service area) to assist in the review of this application.

The City of San Bernardino intends for
this LATA Application and proposed
project to cover all the areas within the
city limits initially. If the city's hired
consultant in collaboration with the city
determines a need to expand the area to
the city's sphere of influence, then it will
do so.

Submit as separate document and note the file
name in this field (if submitting via email).

The 'Data Query Tool' on CPUC's California
Interactive Broadband Map can be used to export
census blocks into a CSV file by manually selecting
regions on the map.
(https://www.broadbandmap.ca.gov/)
If Census Blocks are not currently known, the Data
Query Tool can also be used to create CSV files of
other types of political boundaries (counties, Tribal
Areas, etc.) and can be provided in a separate file.

Additional information on the intended geographic
location(s) can be listed in the relevant fields
below.

Please see attached CASF Application
Data Spreadsheet for the City of San
Bernardino.

If Census Block(s) are not currently known, provide
the following information on intended geographic
location(s):

County/Counties
City/Cities City of San Bernardino
Zip Codes
Other Unique Geographic Data
(describe and provide list)
Local Agency Technical Assistance Application
PART 4: GEOGRAPHIC INFORMATION
Instructions: Please provide a description of the geographic location(s) that the applicant intends for service to be provided as a result of the technical assitance project(s). The CPUC requests this information since local agencies with geographically overlapping jurisdictions are encouraged to collaborate. Applicant(s) should provide as much detail on the intended geographic location(s) as possible
Census Block(s)
Type of Local Agency
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A shapefile and/or map of the intended geographic
location(s) may be submitted as separate
document(s) instead of Census Blocks.

Indicate via the drop down whether a shapefile or
map is included in relevant fields below:

Please see attached shapefile(s) and
map for the intended geographic
location also.

Shapefile included? Yes
Name of Shapefile (if included, "N/A" if not):

Map Included? Yes
Name of Map file (if included, "N/A" if not):
city
county (including a county service area)
community services district
public utility district
municipal utility district
joint powers authority
local educational agency (PU Code §2775)
sovereign tribal government
electrical cooperative (PU Code §2776)
Other (provide description below)
Shapefile and/or Map
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LOCAL AREA TECHNICAL ASSISTANCE APPLICATION 2. PROJECT SCOPE

BROADBAND STRATEGIC MASTER PLAN & COMMUNITY ENGAGEMENT PLAN CITY OF SAN BERNARDINO SEPTEMBER 2022 PAGE 1
Scope of Work
The City of San Bernardino seeks qualified consultants to prepare and develop a feasibility assessment of deploying a city-wide fiber optic infrastructure network. The consultant will work with city leadership and staff, resource providers, and local area businesses and residents to develop a comprehensive assessment of baseline conditions and an actionable Broadband Strategic Master Plan. Additionally, the Consultant will work with city staff to develop a Community Engagement Plan to engage the public throughout the process as appropriate and necessary but also to provide legacy education and community engagement about this project and as the city implements this plan’s recommended actions.

TASK 1: NEEDS ASSESSMENT
The City of San Bernardino seeks to identify met and unmet broadband infrastructure, service and access needs, and financing options to develop a baseline conditions scenario. This baseline conditions would be used to educate and inform city leaders, staff, resource providers, and other impacted stakeholders.

The objective of this task is obtaining information about the city’s existing broadband infrastructure, the existing legal structure for which the city would own and operate a comprehensive broadband infrastructure network and identify any risks involved with that ownership and operation of said network, and identifying existing financial concerns and / or options, especially as it relates to financing the infrastructure through bonds, fees, and available grants.

The consultant will gather this information from city staff through interviews and meetings and will educate the city leaders and staff about the baseline conditions and will inquire about other potential risks or issues that may arise if the city approves the establishment of a broadband infrastructure network.

Some of the items the Consultant will inquire about and review with city leaders and staff include but is not limited to the following:
 The legal authority for the city to establish and operate a broadband infrastructure network,  Understand level of knowledge throughout city leaders and staff about all available media options (Fiber optic, wireless, coaxial cable, DSL)
 Understand existing infrastructure, where vulnerabilities and strengths exist; above-ground, underground infrastructure; reliability, shared resources, or shared infrastructure that can be utilized, etc.
 Educate city leaders and staff about the various media options and major pros and cons about each for the city
 Identify all possible project partners, including engineering, construction, Middle Mile, and resource providers (IRPs)
 Understand and identify risks associated with above-ground, underground, or a hybrid (above-ground, underground, and aerial)
DELIVERABLES TASK 1:

1. Understand legal authority / environment and provide recommendation on legal structure

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LOCAL AREA TECHNICAL ASSISTANCE APPLICATION 2. PROJECT SCOPE

BROADBAND STRATEGIC MASTER PLAN & COMMUNITY ENGAGEMENT PLAN CITY OF SAN BERNARDINO SEPTEMBER 2022 PAGE 2

3. Provide a list of vulnerabilities and strengths of existing infrastructure and any areas where costsharing can occur with other sources

4. Identify risks for owning and operating a public broadband infrastructure network

5. A needs assessment document identifying the city’s existing strengths and weaknesses including infrastructure, all risks including financial risks, legal authority needs, if any, all potential project partners including engineering, construction, Middle Mile and other resource providers (IRPs).

TASK 2: PROJECT SCOPING AND ANALYSIS FOR CITY-WIDE BROADBAND The objective of this task is to collect all relevant information about the city potentially owning and operating a public broadband infrastructure network and analyzing the data to determine options and help shape the overall Broadband Strategic Master Plan for the City of San Bernardino. The Consultant will use the data collected in the previous task and through the use of additional means, i.e. meetings and interviews with city leaders and staff, resource providers, national and state statistics about municipallyowned broadband infrastructure networks, and surveys of the community to analyze all information and determine a most feasible and workable set of recommendations for all stakeholders to support the outcome of this process, the implementation of the most suitable option. The Consultant will collaborate with the city to determine most appropriate sample size, but approximately 100,000 premises should be considered in this project. The data and analysis the consultant should perform will include but not necessarily be limited to the following:
 A market analysis to identify services, service/resource providers, current average prices and relative download and upload speeds from the providers in the city of San Bernardino today.  GIS Mapping as necessary and appropriate to understand utilities infrastructure—aboveground, underground, and aerial  Provide comparison of available business models existing today across the nation and viable, successful municipal broadband models.
 Provide a comparison of inside-plant (in-plant) and outside-plant (out-plant) equipment identifying strengths and weaknesses for an optical and ethernet network design.  Conduct and provide key highlights of a comprehensive risk analysis for all project phases.  Analyze and recommend to the city about most beneficial infrastructure—installing aboveground, aerial, underground, or a hybrid of both infrastructures.  Provide a comparison of financial options utilizing a variety of financing including but not limited to sales tax revenues, economic incentives, bonds, discretionary funding, and fees.  Conduct community survey to understand knowledge of the public and their issues relative to internet connectivity, costs they incur for the service, and inquire about what the community would be willing to pay monthly for reliable, high-speeds internet.

DELIVERABLES TASK 2:

1. Comparison document identifying existing business models across the nation and current, successful municipal models highlighting optimal model for the city of San Bernardino.

2. GIS Mapping as necessary and appropriate

3. Comprehensive risk analysis document for all project phases.

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LOCAL AREA TECHNICAL ASSISTANCE APPLICATION 2. PROJECT SCOPE

BROADBAND STRATEGIC MASTER PLAN & COMMUNITY ENGAGEMENT PLAN CITY OF SAN BERNARDINO SEPTEMBER 2022 PAGE 3

4. Identifying city’s existing in-plant and out-plant equipment strengths and weaknesses and how that equipment will be compatible with recommendation of installing aerial, above-ground, underground, or hybrid infrastructure for broadband network.

5. Meetings and interviews (number to be determined by city and consultant) with city leaders and staff.

6. Interviews and meetings (number to be determined by city and consultant) with resource providers.

7. Analysis of community survey provided to city staff
TASK 3: COST ANALYSIS AND PHASING OPTIONS
Based on the outcomes of the previous tasks, the Consultant in collaboration with the City will provide itemized estimates of the infrastructure costs relative to determining if the city should upgrade and purchase infrastructure for its existing inside- and outside plant equipment, or if the city should just construct a completely new infrastructure network. The Consultant will provide a breakdown of all network materials costs, itemized projected costs for network installation, demolition and disposal costs, and create a forecasted cost structure for the city relative to the costs associated with this project.

Additionally, the Consultant will provide a phasing structure for both scenarios—upgrade and purchase new equipment for existing infrastructure and construction of entire new infrastructure network to understand time and all potential costs associated with this project. These phasing options should start from first steps in implementing selected option to testing and going Live with the Broadband network.

The Consultant will also include a breakdown of costs if all variables are managed and operated in-house.

Finally, the Consultant will provide a valid comparable for estimates related to costs of engineering and construction, understanding final costs will be firmed up when the city issues its request for proposals (RFPs) for those services.

DELIVERABLES TASK 3

1. Cost analysis and breakdown of costs for upgrading existing infrastructure

2. Cost analysis and breakdown of costs for entire new infrastructure network

3. Phasing options for both scenarios
TASK 4: FINANCING OPTIONS PORTFOLIO
The objective of this task is to provide in a clear, concise format a portfolio of the best three financing options for the city to upgrade and / or construct, own, and operate a public broadband infrastructure network. The portfolio will detail the three best options based on the data collected including lessons learned from the analysis of the nation’s most successful municipally owned and operated broadband infrastructures. The Consultant will consider the nation’s data and utilize relevant city data to establish initial pricing from multiple internet providers and Middle Mile carriers. The Consultant will then work with the city to establish a monthly network operations fee to be assessed to various consumers including residents and businesses. Several factors including the type of user, type of use, hours of use, download and upload speed requirements, etc. will be considered in establishing the monthly fee.

DELIVERABLES TASK 4:

1. A complete, concise Financing Options Portfolio with all components described above.

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LOCAL AREA TECHNICAL ASSISTANCE APPLICATION 2. PROJECT SCOPE

BROADBAND STRATEGIC MASTER PLAN & COMMUNITY ENGAGEMENT PLAN CITY OF SAN BERNARDINO SEPTEMBER 2022 PAGE 4
TASK 5: PRIVATE EQUITY PARTNERSHIP OPPORTUNITIES
In this task, the Consultant will collaborate with the City to understand the potential for private equity partnership opportunities for this project. Reviewing all the information collected and analyzed in previous tasks, the City and Consultant, together will determine if there are other agencies or resource providers to innovatively cost share or partner for the benefit of all parties that may be involved in this project. A thorough evaluation including strengths, weaknesses, and any potential risks involved with partnering will occur to determine viability of potential partnerships. If opportunities exist with private firms or other resource providers, then the Consultant will modify the cost analysis and phasing options and financing options portfolio to include the investment of the likely partnerships.

DELIVERABLES TASK 5:

1. Partnership opportunities identified

2. Modifications of cost analysis and financing options portfolio including partnership, as necessary TASK 6: BROADBAND STRATEGIC MASTER PLAN AND IMPLEMENTATION CONSULTING The Consultant will develop a draft Broadband Strategic Master Plan for the City of San Bernardino in this task. The Consultant will consider and utilize all the data and information collected in the project scoping and analysis tasks and develop and prepare a concise and succinct draft Broadband Strategic Master Plan for the city to review and provide feedback.

Based on feedback from city leaders and staff throughout the process, the Consultant will prepare the Draft Strategic Master Plan including describing the approach taken to arrive at the best possible option for the city, describing the methodology used to collect data and analyze, and apply the most relevant information to the current scenario in the city. The Draft Strategic Master Plan will also detail and describe the three best financing options for the city to consider when discussing and weighing all the information to determine whether to construct and operate a city-wide broadband infrastructure network. The Draft Plan will also summarize the key risks involved with the public broadband infrastructure network, and how those risks can be minimized or eliminated altogether.

The Draft Strategic Master Plan will be delivered to the city in a format of its choosing and a comment period will be determined by the city and consultant, collaboratively. Upon the completion of the comment period, the Consultant will track all comments received from city leaders and staff and address the comments in the Plan. The Consultant will provide that tracking and addressing of the comments received to the internal project manager the city has designated to assure the city staff and leaders agree with all revisions of the Plan. After the approval of all the Plan’s revisions from city leaders and staff, the Consultant will prepare a Public Draft to be disseminated to the public for a period of time set by the city’s project manager in collaboration with the consultant’s project manager.

Upon completion of community review period, the Consultant will combine, track, and address all public comments to be provided to the city’s project manager for review. If edits are necessary, then city’s project manager will provide the edits to the Consultant in a timely manner to facilitate and assure the Consultant has ample time to make corrections and edits to the Plan.

Prior to and during the community review period, the Consultant will develop a set of recommendations, or actions, to be implemented upon approval of the Master Plan. These recommendations will be known as the Implementation Plan; this is discussed in detail in Task 5.

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LOCAL AREA TECHNICAL ASSISTANCE APPLICATION 2. PROJECT SCOPE

BROADBAND STRATEGIC MASTER PLAN & COMMUNITY ENGAGEMENT PLAN CITY OF SAN BERNARDINO SEPTEMBER 2022 PAGE 5
In addition, and prior to and during the preparation of the public draft document, the Consultant will develop and prepare a set of recommendations that will be known as the Implementation Plan. This Implementation plan will identify actions that each stakeholder is responsible for, the action description, an approximate timeframe that the action must be executed, (i.e. Year 1, Year 2, and so on…), and an approximate cost associated with the action. Additionally, the implementation plan will identify possible funding sources for the action and if cost sharing or economic incentives can occur or be applied.

The Consultant will use a format that is user-friendly and easy-to-read to display the implementation plan. Generally speaking, a table with multiple columns is widely acceptable in this scenario. The implementation plan will include all the components mentioned above, and will provide additional information and offer planning assistance for developing the RFPs, construction and long-term financing, and provide recommendations for establishing the optimal legal structure and relative cost structures for each component of the project, they are:
 Upgrades / construction,
 Operations and maintenance, and
 Resource (service) providers.

Once all information has been included in the user-friendly implementation plan, then the Consultant will distribute to city staff for review and edits. Upon completion of the implementation plan review, then the Consultant will prepare the final documents. After final documents are prepared and accepted by city staff, then the Consultant will present Final Broadband Strategic Master Plan and Implementation Plan to City Council and the Mayor in a regular-scheduled City Council meeting.

DELIVERABLES TASK 6:

1. Draft Broadband Strategic Master Plan

2. Stakeholder comments tracked and addressed to be reviewed by city staff

3. Prepare Public Draft Strategic Master Plan document

4. Prepare Draft Implementation Plan

5. Public comments tracked and addressed to be reviewed by city staff

6. Develop and prepare Implementation Plan with all components aforementioned

7. Legal and cost structures for construction, operations and maintenance, and resource/service providers

8. Final Broadband Strategic Master Plan and Implementation Consulting

9. Presentation of Final Broadband Strategic Master Plan and Implementation to City Council for approval
TASK 7: COMMUNITY ENGAGEMENT STRATEGY AND PLAN
The vision for community engagement is a very open and thorough process that allows no single interest to dominate. It ensures all stakeholders of the broadband plan have access to timely information, convenient and meaningful options for participation, and easy access to draft documents. The City of San Bernardino believes a key aspect for the initial engagement for the Broadband Strategic Master Plan should be educational and clearly identifies the purpose of the Plan. This will facilitate essential feedback as the project moves forward.

Community engagement will be initiated through the development of a community engagement plan, which will include a methodology based on the Consultant’s experience and lessons learned in engaging Packet Pg. 883
LOCAL AREA TECHNICAL ASSISTANCE APPLICATION 2. PROJECT SCOPE

BROADBAND STRATEGIC MASTER PLAN & COMMUNITY ENGAGEMENT PLAN CITY OF SAN BERNARDINO SEPTEMBER 2022 PAGE 6
the public on multi-stakeholder collaborations. The Consultant will describe their methodology and utilize a variety of tools to outreach and engage the community in the development of this plan. The methodology will outline the methods preferred for each type of stakeholder.

In order to be successful and useful, the Plan will be community-based, collaborative, and obtain support from a variety of stakeholders throughout the process. The Consultant will work with the City and its stakeholders to prepare a community engagement plan that maximizes opportunities for all impacted stakeholders to be involved in the process, to actively participate in solutions, and to provide feedback about this planning process and the final planning documents.

The Consultant should include multiple approaches for community engagement, including but not limited to reaching out to a diverse audience, i.e. interviews and meetings, multi-lingual website, dashboards providing project status updates, informational brochures and / or fact sheets, requesting input using various media platforms, i.e. city’s website, social media, etc., providing updates and announcements, and opportunities to provide input and feedback throughout the process and upon completion and implementation.

Deliverables Task 7
 Community Engagement Plan
 Website updates / announcements / dashboard summaries  Informational brochures / fact sheets
 Surveys (From Task 2)
 Interviews / meetings with appropriate stakeholders from City and Businesses, etc. (from Task 2) (number of meetings to be determined by city and consultant)  A log of all meetings conducted with the city and other stakeholder groups, i.e. local businesses, chamber of commerce, and the public, etc.
 Deployment of a variety of approaches for community engagement  A log of all community comments and how the Consultant / City addressed each comment (from Task 3)
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LOCAL AREA TECHNICAL ASSISTANCE APPLICATION 3. PROJECT TEAM

BROADBAND STRATEGIC MASTER PLAN & COMMUNITY ENGAGEMENT PLAN CITY OF SAN BERNARDINO SEPTEMBER 2022 PAGE 1
Project Team
The City of San Bernardino will be seeking qualified consultants to prepare and develop this feasibility assessment of deploying a city-wide fiber optic infrastructure network. The consultant will be required to work with city leadership and staff, resource providers, and local area businesses and residents to develop this comprehensive assessment of baseline conditions and an actionable Broadband Strategic Master Plan. Additionally, the most qualified Consultant will work with city staff to develop a Community Engagement Plan to engage the public throughout the process as appropriate and necessary to garner buy-in and support for this project and its desired end state. The ideal consultant will have numerous years of experience in broadband delivery and infrastructure and its associated costs, especially in Automated Open Access networks, a working knowledge of national and local municipal broadband business models to assure the City they will provide all the information that is most suitable for the City of San Bernardino. Additionally, the ideal Consultant will have a working knowledge and preferred experience with including opportunities for cost sharing and private equity partnerships.

Finally, the Consultant will have proven successful experience in community engagement not only to include the public in this process but also to facilitate the support and needed buy-in from the community to move forward with the best option for the city.

CITY OF SAN BERNARDINO’S INTERNAL PROJECT TEAM QUALIFICATIONS The City of San Bernardino will have a strong internal project management team to guide and provide valuable insight to the selected Consultant. The City’s project team has over 30 years combined experience in network installation and administration, network assignment and configuration, and numerous years of technical support and troubleshooting. The City’s project team has several years of experience in copper, fiber, and networking as well as experience with costing and budgeting certain infrastructure and information technology management.

Rolland Kornblau, serves the City of San Bernardino as the Director of Technology, and in this project, Rolland will serve as an Technical Adviser. Mr. Kornblau has over 24 years of information technology experience with networking, copper, and fiber, and he has been involved with two complete network installations. Mr. Kornblau has managed and provided leadership over multiple teams to support several public institutions. Mr. Kornblau’s resume is provided in this LATA Application.

Francisco Cervantes, serves the City of San Bernardino as Senior Network Administrator, and in this project Francisco will serve in a Technical Support. Mr. Cervantes has over seven years of experience in network administration, technical support, and troubleshooting. Mr. Cervantes’s resume is provided in this LATA Application for your further review.

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Tasks Month
1 Month
2 Month
3 Month
4 Month
5 Month
6 Month
7 Month
8 Month
9 Month
10 Month
11 Month
12 Month
13 Month
14 Month
15 Month
16 Month
17 Month
18 Month
19 Month
20 Month
21 Month
22 Month
23 Month
24 1. Needs Assessment

2. Project scoping and analysis
for city-wide broadband

3. Cost analysis & phasing
options

4. Financing options portfolio

5. Private equity partnership
opportunities

6. Broadband Strategic Master
Plan and Implementation Plan

7. Community engagement
strategy & plan
Project Kickoff / Meeting (i.e. Zoom) / Interviews Community meeting Partnership options Final Needs Assessment Documents Cost analysis and financing options Final Plan Documents

PROPOSED TIMELINE
LATA - Broadband Strategic Master Plan and Community Engagement Plan City of San Bernardino, California
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Project Team
Hourly
Rate
Task 1.Needs AssessmentTask 2.Project scoping and analysis for city-wide broadbandTask 3.Cost analysis & phasing optionsTask 4.Financing options portfolioTask 5.Private equity partnership opportunitiesTask 6.Broadband Strategic Master Plan and Implementation ConsultingTask 7.Community engagement strategy & plan Total
Hours Total Cost
Project Director $ 250.00 24 20 12 4 24 12 24 120 $ 30,000.00 Project Manager 200.00 54 54 40 32 54 54 64 352 70,400.00 Technical Advisor 250.00 4 20 12 8 12 12 10 78 19,500.00 Associate Staff 198.50 64 100 88 120 64 64 84 584 115,924.00 Support staff 120.00 60 54 36 24 24 64 80 342 41,040.00 Engineer 250.00 32 120 32 8 0 0 0 192 48,000.00
Associate Engineer 180.00 12 150 28 0 0 0 0 190 34,200.00 Associate Engineer 180.00 12 150 28 0 0 0 0 190 34,200.00 Total Hours by Task 262 668 276 196 178 206 262 2048
Cost per Task $ 50,024.00 $ 131,130.00 $ 53,868.00 $ 38,100.00 $ 35,384.00 $ 37,184.00 $ 47,574.00 $ 393,264.00 Administrative Costs 4,751.66 11,562.32 3,478.50 3,622.16 3,453.50 2,577.00 2,547.00 31,992.14 Total Project Cost $ 54,775.66 $ 142,692.32 $ 57,346.50 $ 41,722.16 $ 38,837.50 $ 39,761.00 $ 50,121.00 $ 425,256.14

PROPOSED BUDGET
LATA - Broadband Strategic Master Plan and Community Engagement Plan City of San Bernardino, California
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Project Team
Hourly
Rate
Task 1.Needs AssessmentTask 2.Project scoping and analysis for city-wide broadbandTask 3.Cost analysis & phasing optionsTask 4.Financing options portfolioTask 5.Private equity partnership opportunitiesTask 6.Broadband Strategic Master Plan and Implementation ConsultingTask 7.Community engagement strategy & plan Total
Hours Total Cost
Project Director $ 250.00 24 20 12 4 24 12 24 120 $ 30,000.00 Project Manager 200.00 54 54 40 32 54 54 64 352 70,400.00 Technical Advisor 250.00 4 20 12 8 12 12 10 78 19,500.00 Associate Staff 198.50 64 100 88 120 64 64 84 584 115,924.00 Support staff 120.00 60 54 36 24 24 64 80 342 41,040.00 Engineer 250.00 32 120 32 8 0 0 0 192 48,000.00
Associate Engineer 180.00 12 150 28 0 0 0 0 190 34,200.00 Associate Engineer 180.00 12 150 28 0 0 0 0 190 34,200.00 Total Hours by Task 262 668 276 196 178 206 262 2048
Cost per Task $ 50,024.00 $ 131,130.00 $ 53,868.00 $ 38,100.00 $ 35,384.00 $ 37,184.00 $ 47,574.00 $ 393,264.00 Administrative Costs 4,751.66 11,562.32 3,478.50 3,622.16 3,453.50 2,577.00 2,547.00 31,992.14 Total Project Cost $ 54,775.66 $ 142,692.32 $ 57,346.50 $ 41,722.16 $ 38,837.50 $ 39,761.00 $ 50,121.00 $ 425,256.14

PROPOSED BUDGET
LATA - Broadband Strategic Master Plan and Community Engagement Plan City of San Bernardino, California
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November 23, 2022
Rolland Kornblau
[email protected]
Smart San Bernardino
Dear Rolland Kornblau,
Congratulations! The California Public Utilities Commission is pleased to inform you that the City of San Bernardino’s application for Local Agency Technical Assistance grant funding for Smart San Bernardino in the amount of up to $425,256.14 has been approved.

Pursuant to Decision (D.) 22-02-026, Staff is authorized to approve applications that meet all the criteria for Ministerial Review. Your application was received on September 20, 2022 and was posted on the CPUC’s Local Agency Technical Assistance webpage. Staff reviewed your application and determined that your application is eligible for a grant and meets eligibility criteria for Ministerial Review.

The award is predicated on the City of San Bernardino’s agreement to provide technical assistance as detailed in its application. In its application, the City of San Bernardino agreed to comply with the specified Ministerial Review criteria as well as to fulfill all requirements, guidelines, and conditions associated with a grant of Local Agency Technical Assistance funds as specified in D.22-02-026 including but not limited to execution and performance, payment, reporting and award acceptance requirements listed in Attachments 1 and 2 of this letter. Please sign and submit the following: 1. A Consent Form binding your organization to the terms of the grant and 2. A State of California Government Agency Tax Payer ID Form for tax reporting purposes. You must submit these documents within 30 days of the date of this letter. If you do not, this award is void.

Thank you for your application and please direct any questions to Michael Ammermuller ([email protected]) and/or refer to the Grantee Administrative Manual, available at https://bit.ly/CPUCLATA.

We appreciate your efforts to provide service to our fellow Californians.

Sincerely,
Robert Osborn
Director
Communications Division
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2 ATTACHMENT 1
Requirements
The grant award is predicated on the City of San Bernardino’s agreement to provide technical assistance as detailed in its application. In its application, the City of San Bernardino agreed and attested to comply with the specified Ministerial Review criteria as well as fulfilling all requirements guidelines, and conditions associated with a grant of Local Agency Technical Assistance funds as specified in D.22-02-026, including but not limited to execution and performance, payment, reporting and award acceptance requirements. Key requirements of Local Agency Technical grant include, among others:
• All costs are related to the development of broadband network deployment projects to benefit unserved or underserved Californians. These projects may include, but are not limited to, the costs of joint powers authority formation, environmental studies, network design, and engineering study expenses.
• Grant may not exceed $500,000 per local agency, per fiscal year • A signed affidavit agreeing to comply with the terms, conditions and requirements of the grant and submits to the jurisdiction of the Commission with respect to the disbursement and administration of the grant as well as applicable state and federal rules concerning broadband services.
• Grantee must sign a Consent Form agreeing to the terms stated in the award letter as well as all Local Agency Technical Assistance Rules and Requirements, Guidelines and Application Materials in D.22-06-026.
• Grantee must complete the reimbursable work product within 24 months. • Grantee must provide Staff a copy of the final reimbursable work product.

Reporting
The grant award is contingent upon fulfilling the reporting requirements per D.22-06-026, Attachment

1. SB 156 requires grantees to fulfill the monthly reporting requirements set forth in Public Utilities Code section 281(l)(1) if they are using a licensed contractor or subcontractor* to undertake a contract or subcontract in excess of twenty-five thousand dollars ($25,000). The Commission is required to post that information on its website. Specifically, SB 156 requires the following to be reported to the Commission on a monthly basis:
• The name and contractor’s license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on a project funded or financed pursuant to this section. • The location where a contractor or subcontractor described in subparagraph (A) will be performing that work.

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3 • The anticipated dates when that work will be performed. *Licensed contractor or subcontractor means any contractor that holds a California state license through the contractor’s state license board (https://www.cslb.ca.gov/).

Post-completion
Upon completion of the reimbursable work product and before final payment, Grantees must:
• Provide a signed completion form stating the technical assistance work has been completed suitable to be posted on the Commission’s webpage. The signed completion form must be provided prior to final payment and must include and a short summary of the reimbursable work product(s) performed under the contract, including demonstration that the reimbursable work product(s) identify broadband infrastructure deployment projects that will help achieve the CASF deployment goal, and identification of the area(s) where the applicant intends to deploy broadband based on the reimbursable work product(s).

Provide a copy of each reimbursable work product’s final report(s), plans, studies, etc. produced under the contract.

Payment
Payment will be made directly to the local agency as the grant recipient. Local agency grantees may request partial reimbursementif they complete one or more of the approved reimbursable work products prior to completion of other reimbursable work products approved in the same grant authorization. Payment will be based upon receipt and approval of an invoice(s) submitted by the local agency showing the expenditures incurred for the reimbursable work product, along with the reimbursable work product final report/study/joint powers agreement, etc., and the completion reporting required above. The invoice(s) must be supported by documentation including but not limited to the actual cost of labor and any other expense that will be recovered by the grant.

To the extent that any portion of an award was used to reimburse a local agency for administrative costs associated with securing or completing a reimbursable work product, the local agency must submit an itemized accounting of such costs, demonstrating the total requested for reimbursement does not exceed 15 percent of the total authorized award. If any portion of reimbursement is found to be out of compliance, grantees will be responsible for refunding any disallowed amount along with appropriate interest rates determined in accordance with applicable Commission decisions. Grantees are required to maintain records such as files, invoices, and other related documentation for five years after final payment. Grantees shall make these records and invoices available to the Commission upon request and agree that these records are subject to a financial audit by the Commission at any time within five years after the final payment made to a grantee.

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4 Execution and Performance
The City of San Bernardino must complete the project within the 24-month timeframe in accordance with the terms of approval granted by the Commission. If the Grantee is unable to complete project within the 24-month timeframe, it must notify the Commission or Director of Communications Division as soon as it becomes aware of this prospect. The Commission may reduce or withhold payment for failure to satisfy this requirement. In the event that the Grantee or contractor fails to complete the work in accordance with the approval granted by the Commission, and as described in its application and contract, the Grantee must reimburse some or all of the funds it has received.

The City of San Bernardino must sign and submit the linked Consent Form agreeing to the terms of the award within 30 calendar days from the date of this letter. Failure to submit the Consent Form within the timeframe required, the CPUC will deem the grant or award null and void.

The City of San Bernardino must communicate in writing to the Communications Division’s Director regarding any changes to the substantive terms and conditions underlying the Commission’s approval of the grant (such as changes to a reimbursable work product contract, work plan or budget) at least 30 days before the anticipated. Substantive changes may require approval by either the Communications Division Director or by Commission Resolution before becoming effective.

The Commission has the right to conduct any necessary audit, verification, and discovery for work proposed or completed under the technical assistance to ensure that funds are spent in accordance with Commission rules and with the terms of approval by the Commission.

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5 Attachment 2
Local Agency Broadband Technical Assistance
Reporting Requirements and Guidelines
Version October 2022
The Local Agency Technical Assistance program provides grants for eligible pre-construction work which facilitates the construction of broadband network projects. When the California Public Utilities Commission (CPUC) established the technical assistance grant program, the program was funded with American Rescue Plan Act monies administered by the U.S. Treasury. The source of technical assistance funding has changed. This guidance outlines grantee reporting.

The Commission issued Decision (D.) 22-02-026 establishing program requirements for the Local Agency Technical Assistance Grant Program.

Grantees must file quarterly progress reports to the Commission with the below information.

Narrative Project Information

1.1 The counties, cities and census designated places where households, businesses, and community anchor institutions are planned to be served by the broadband project.

1.2 Confirmation that the technical assistance is designed to support projects that, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds.

1.3 Statement of intention about the pricing plans for projects that the technical assistance will support, such as offering of affordable plan or low-income plan subsidized with other funding (ACP).

1.4 Information on broadband need in the project area.

1.5 Statement describing the community benefits of broadband technical assistance.

Detailed Project Information

2.1 Individual work products granted by the program.
o Dollars/hours expended per task/work product.

2.2 Estimated construction start date (month/year).

2.3 Estimated construction completion date (month/year).

2.4 Estimated initiation of operations date (month/year).

2.5 Planned project technology type(s):
o Fiber
o Coaxial Cable
o Terrestrial Fixed Wireless
o Other (specify)

2.6 Estimated total miles of fiber to be deployed.

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6 2.7 Planned number of locations to be served, broken out by type:
o Residential locations
o Business connections
o Community anchor institutions

2.8 Planned non-promotional prices including associated fees, speed tiers, and data allowance for each speed tier.

2.9 Other data on broadband need, by location.

Submission
To assist grantees with the filing of quarterly progress reports to the Commission, a sample of the reporting requirements is found in Attachment A of this document: https://www.cpuc.ca.gov/-/media/cpucwebsite/divisions/communications-division/documents/broadband-implementation-forcalifornia/technical-assistance-reporting-requirements-oct-2022.pdf Planned project information listed in Attachment A should be submitted on a quarterly basis to the Commission’s email at [email protected]. Grantees need to include in the email subject line:

1. Application Name

2. Project Name

3. The Reporting Quarter/Month
Updated quarterly project submissions are required to be sent by the due dates shown below. Grantees are responsible for contacting the Commission at [email protected], if the information cannot be submitted on time.

Reporting Period Project Information Due to CPUC
October 1 – December 31, 2022 January 2, 2023
January 1 – March 31, 2023 April 1, 2023
April 1 – June 30, 2023 July 1, 2023
July 1 – September 30, 2023 October 1, 2023
October 1 – December 31, 2023 January 2, 2024
January 1 – March 31, 2024 April 1, 2024
April 1 – June 30, 2024 July 1, 2024
July 1 – September 30, 2024 October 1, 2024
October 1 – December 31, 2024 January 2, 2025
January 1 – March 31, 2025 April 1, 2025
April 1 – June 30, 2025 July 1, 2025
July 1 – September 30, 2025 October 1, 2025
October 1 – December 31, 2025 January 2, 2026
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7 January 1 – March 31, 2026 April 1, 2026
April 1 – June 30, 2026 July 1, 2026
July 1 – September 30, 2026 October 1, 2026
October 1 – December 31, 2026 February 1, 2027
Additional Information
Reporting requirements and guidelines are subject to change, and CPUC or the Commission may define additional requirements on CPUC’s website.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 18, 2023
To: Honorable Mayor and City Council Members
From: Suzie H. Soren, Director of Human Resources
Department: Human Resources
Subject: Basic Compensation Plan for Temporary, Part-Time and Seasonal Employees of the City of San
Bernardino (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-013 approving a revised City-wide salary schedule for all full-time, part-time, temporary, and seasonal positions.

Background
The City of San Bernardino currently has one adopted salary schedule establishing compensation for full-time, part-time, temporary, and seasonal classifications.

On April 4, 2016, Senate Bill 3 was signed into law. This legislation amended Section 1182.12 of the California Labor Code and requires an employer with 26 or more employees to implement new minimum wages pursuant to the following schedule:

January 1, 2017 – December 31, 2017 = $10.50/hour
January 1, 2018 – December 31, 2018 = $11.00/hour
January 1, 2019 – December 31, 2019 = $12.00/hour
January 1, 2020 – December 31, 2020 = $13.00/hour
January 1, 2021 – December 31, 2021 = $14.00/hour
January 1, 2022 – December 31, 2022 = $15.00/hour
January 1, 2023 – until adjusted pursuant to statute = $15.50/hour Discussion
Effective January 1, 2023, the State of California increased the minimum wage from $15.00 to $15.50 per hour. In accordance with the law, the salaries of affected City classifications must be adjusted accordingly. Those positions that currently have a starting salary below $15.50 per hour include:

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• Custodial Aide (PT)
• Extra Relief Heavy Laborer (PT)
• Food Service Program Specialist (PT)
• Library Page (PT)
• Police Cadet (PT)
• Recreation Aide (PT)
• Student Intern (PT)
The proposed compensation plan will incorporate the minimum wage increase effective January 1, 2023, as well as increase the salary for positions that will be affected by compaction due to the implementation of the minimum wage increase. This will include the following positions:
• Recreation Leader (PT)
• Senior Recreation Leader (PT)
Exhibit A is the City-wide salary schedule and identifies the hourly pay rates for all temporary, part-time, and seasonal classifications in the City of San Bernardino.

Temporary, part-time, and seasonal employment is restricted to 1,000 hours within a fiscal year (July 1st to June 30th) and employees in these positions do not qualify to receive City benefits, except those required by law. Further restrictions apply to California Public Employees’ Retirement System (CalPERS) retired annuitants. 2021-2025 Strategic Targets and Goals
Revising a salary schedule for employees of the City of San Bernardino aligns with Key Target 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
The financial impact to the City is $8,165.90. There is sufficient funding in the FY 2022/23 Adopted Budget. The minimum wage increase will affect nine (9) classifications and approximately sixty-five (65) employees.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-013 approving a revised City-wide salary schedule for all full-time, part-time, temporary, and seasonal positions.

Attachments
Attachment 1 Resolution 2023-013
Attachment 2 Exhibit A - City-wide Salary Schedule
Ward:

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All Wards
Synopsis of Previous Council Actions:

December 7, 2022 The Mayor and City Council adopted Resolution No. 2022- 268 amending the City-wide salary schedule for full-time, part-time, temporary and seasonal positions.

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Resolution No. 2023-013
Resolution 2023-
January 18, 2023

Page 1 of 3 ends

RESOLUTION NO. 2023-013

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING A REVISED CITY-WIDE SALARY

SCHEDULE FOR ALL FULL-TIME, PART-TIME,

TEMPORARY, AND SEASONAL POSITIONS,
WHEREAS, On April 4, 2016, Senate Bill 3 was signed into law, this legislation amended Section 1182.12 of the California Labor Code and requires an employer with 26 or more employees to implement new minimum wages pursuant to the following schedule:

January 1, 2017 – December 31, 2017 = $10.50/hour
January 1, 2018 – December 31, 2018 = $11.00/hour
January 1, 2019 – December 31, 2019 = $12.00/hour
January 1, 2020 – December 31, 2020 = $13.00/hour
January 1, 2021 – December 31, 2021 = $14.00/hour
January 1, 2022 – December 31, 2022 = $15.00/hour
January 1, 2023 – until adjusted pursuant to statute = $15.50/hour WHEREAS, the compensation plan would incorporate the minimum wage increase effective January 1, 2023, as well as increase the salary for positions that will be affected by compaction due to the implementation of the minimum wage increase.

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

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

SECTION 2. The City-wide salary schedule for all City of San Bernardino’s classifications attached hereto and incorporated herein as Exhibit “A”, are hereby approved.

SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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Resolution No. 2023-013
Resolution 2023-
January 18, 2023

Page 2 of 3 ends

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 18th day of January, 2023.

Helen Tran, 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. 2023-013
Resolution 2023-
January 18, 2023

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. 2023-___, adopted at a regular meeting held on the ____th day of January 2023 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 ____________ 2023.

Genoveva Rocha, CMC, City Clerk
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ADOPTED 01/18/23
EFFECTIVE 01/01/23
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 GENERAL10492 ASSISTANT BUILDING OFFICIAL 583 $8,574.95 MONTHLY $10,422.83 MONTHLY MANAGEMENT30271 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 MANAGEMENT10644 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 2022/2023 1  of 8

EXHIBIT A
   
 Packet Pg. 902
ADOPTED 01/18/23
EFFECTIVE 01/01/23
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 GENERAL30074 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 MANAGEMENT30502 BUSINESS REGISTRATION INSPECTOR 459 $4,713.17 MONTHLY $5,728.98 MONTHLY GENERAL20263 BUSINESS REGISTRATION MANAGER 530 $6,711.05 MONTHLY $8,157.12 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,860.93 MONTHLY $4,692.73 MONTHLY GENERAL 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,058.92 MONTHLY $4,932.69 MONTHLY GENERAL 20271 BUYER 460 $4,732.79 MONTHLY $5,753.10 MONTHLY MIDDLE MANAGEMENT30292 CEMETERY CARETAKER 395 $3,425.12 MONTHLY $4,163.30 MONTHLY 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 EXECUTIVE10399 CITY CLERK (U) NA $10,590.00 MONTHLY $12,873.00 MONTHLY NA00601 CITY COUNCIL NA $3,125.00 MONTHLY $3,125.00 MONTHLY NA10370 CITY MANAGER (U) NA $23,750.00 MONTHLY $23,750.00 MONTHLY MANAGEMENT10495 CIVIL ENGINEERING DIVISION MANAGER (U) 620 $10,313.14 MONTHLY $12,535.45 MONTHLY 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 GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,181.88 MONTHLY $6,298.84 MONTHLY CONFIDENTIAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,417.25 MONTHLY $5,369.57 MONTHLY GENERAL 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U) 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,639.98 MONTHLY $9,286.03 MONTHLY MIDDLE MANAGEMENT30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,307.83 MONTHLY $4,021.26 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,442.38 MONTHLY $6,615.37 MONTHLY MIDDLE MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,686.56 MONTHLY $5,696.12 MONTHLY MIDDLE MANAGEMENT 30758 COMMUNITY SERVICES OFFICER 427 $4,018.03 MONTHLY $4,884.27 MONTHLY GENERAL20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,229.50 MONTHLY $6,356.26 MONTHLY MIDDLE MANAGEMENT30990 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 MANAGEMENT30602 CRIMINAL INVESTIGATION OFFICER 493 $5,584.78 MONTHLY $6,787.83 MONTHLY GENERAL00054 CUSTODIAL AIDE (PT) 361 $2,687.00 MONTHLY $3,266.00 MONTHLY NA 20616 CUSTODIAL SUPERVISOR 477 $5,152.09 MONTHLY $6,261.64 MONTHLY MIDDLE MANAGEMENT 30621 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 GENERAL30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) 396 $3,442.34 MONTHLY $4,184.82 MONTHLY GENERAL30224 CUSTOMER SERVICE REPRESENTATIVE (U) 386 $3,275.55 MONTHLY $3,981.45 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,374.21 MONTHLY $5,316.84 MONTHLY 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 MANAGEMENT 10066 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. 903
ADOPTED 01/18/23
EFFECTIVE 01/01/23
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 MANAGEMENT10830 DEPUTY DIRECTOR OF OPERATIONS (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 MANAGEMENT30921 EQUIPMENT MECHANIC I (FLEX) 431 $4,098.74 MONTHLY $4,982.19 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 450 $4,506.57 MONTHLY $5,478.25 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) 361 $2,687.00 MONTHLY $3,266.00 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 MANAGEMENT 30506 FLEET PARTS STOREKEEPER 398 $3,476.77 MONTHLY $4,226.79 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 3  of 8
   
 Packet Pg. 904
ADOPTED 01/18/23
EFFECTIVE 01/01/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30944 FLEET PARTS TECHNICIAN 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL 00259 FOOD SERVICE PROGRAM SPECIALIST (PT) 361 $2,687.00 MONTHLY $3,266.00 MONTHLY NA20060 FOOD SERVICE SUPERVISOR 478 $5,177.90 MONTHLY $6,293.90 MONTHLY MIDDLE MANAGEMENT30165 FORENSICS SPECIALIST I (FLEX) 448 $4,462.45 MONTHLY $5,423.37 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 478 $5,182.34 MONTHLY $6,299.29 MONTHLY GENERAL20160 FORENSICS SUPERVISOR 543 $7,160.46 MONTHLY $8,703.30 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) 498 $5,612.21 MONTHLY $6,821.99 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 GENERAL 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $4,905.79 MONTHLY $5,962.48 MONTHLY GENERAL00308 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 516 $6,258.42 MONTHLY $7,606.65 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 SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 4  of 8
   
 Packet Pg. 905
ADOPTED 01/18/23
EFFECTIVE 01/01/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30380 LIBRARY NETWORK TECHNICIAN 422 $3,919.03 MONTHLY $4,763.75 MONTHLY GENERAL 00361 LIBRARY PAGE (PT) 361 $2,687.00 MONTHLY $3,266.00 MONTHLY NA20387 LIBRARY PROGRAM COORDINATOR 450 $4,502.71 MONTHLY $5,473.56 MONTHLY MIDDLE MANAGEMENT30391 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 $4,166.67 MONTHLY $4,166.67 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 CONFIDENTIAL 20400 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 GENERAL 30682 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 $15.50 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 GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 5  of 8
   
 Packet Pg. 906
ADOPTED 01/18/23
EFFECTIVE 01/01/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30220 POLICE RECORDS TECHNICIAN II 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 40332 POLICE SERGEANT P3 $9,638.12 MONTHLY $12,621.94 MONTHLY POLICE SAFETY30585 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 400 $3,264.00 MONTHLY $3,967.00 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) 361 $2,687.00 MONTHLY $3,266.00 MONTHLY NA00244 RECREATION LEADER (PT) 368 $2,782.00 MONTHLY $3,382.00 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 CONFIDENTIAL 00266 SECURITY OFFICER I (PT) 371 $2,824.00 MONTHLY $3,433.00 MONTHLY NA00265 SECURITY OFFICER II (PT) 395 $3,183.00 MONTHLY $3,869.00 MONTHLY NA30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL30229 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 CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,383.10 MONTHLY $8,974.69 MONTHLY CONFIDENTIAL10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 488 $5,339.04 MONTHLY $6,489.75 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 MANAGEMENT 10514 SENIOR MANAGEMENT ANALYST (U) 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 6  of 8
   
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ADOPTED 01/18/23
EFFECTIVE 01/01/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $8,969.42 MONTHLY $10,901.68 MONTHLY CONFIDENTIAL30710 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) 375 $2,881.00 MONTHLY $3,502.00 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) 361 $2,687.00 MONTHLY $3,266.00 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 6/15/22(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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ADOPTED 01/18/23
EFFECTIVE 01/01/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM  STEP BOTTOM  HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT REVISION ADOPTED BY MCC 7/20/22REVISION ADOPTED BY MCC 8/17/22REVISION ADOPTED BY MCC 9/21/22REVISION ADOPTED BY MCC 10/19/22REVISION ADOPTED BY MCC 11/2/22REVISION ADOPTED BY MCC 11/16/22REVISION ADOPTED BY MCC 12/7/22 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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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 18, 2023
To: Honorable Mayor and City Council Members
From: Suzie H. Soren, Director of Human Resources
Department: Human Resources
Subject: Amendment to Professional Services Agreements for Legal 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 designee to execute:

1. The First Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont for representation in the Tammy Bender v. City of San Bernardino, et al. U.S. District Court Case No. 5:21-CV-01459-CBM-SP;

2. The Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Rudd and Romo for representation in the Andrea Miller II v.

City of San Bernardino, et al. II, San Bernardino Superior Co. Case No.

CIVDS 2015337;

3. The Second Amendment to the Professional Services Agreement with Stream, Kim, Hicks, Wrage and Alfaro for representation in the Andrea Miller II v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337
Background
Tammy Bender v. City of San Bernardino, et al.
• On March 4, 2021, the City entered into an agreement with Carpenter, Rothans & Dumont, LLP in the amount of $49,999 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the Tammy Bender v. City of San Bernardino, et. al, U.S. District Court Case No. 5:21-CV-01459-CBM-SP. The case remains active.

Andrea Miller II v. City of San Bernardino, et al.
• On August 11, 2020, the City entered into an agreement with Atkinson, Andelson, Loya, Rudd and Romo in the amount of $49,999 to represent the City in the Andrea Miller II v. City of San Bernardino, et al., San Bernardino Superior Co. Case No.

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CIVDS 2015337.
• On July 21, 2021, the City entered into the first amendment to the agreement for a total not to exceed $75,000.
• On April 6, 2022, the City entered into the second amendment to the agreement for a total not to exceed $200,000. The case is now closed.

Andrea Miller II v. City of San Bernardino, et al.
• On March 17, 2021, the City entered into an agreement with Stream, Kim, Hicks, Wrage and Alfaro in the amount of $49,999 to represent Sandra Ibarra in the Andrea Miller II v. City of San Bernardino, et al., San Bernardino Superior Co. Case No. CIVDS 2015337.
• On April 6, 2022, the City entered into the first amendment to the agreement for a total not to exceed $100,000. The case is now closed.

Discussion
At this time, it is necessary to increase the not to exceed amounts under all agreements listed above.

Carpenter, Rothans & Dumont have worked effectively and expeditiously on the Tammy Bender matter. It is advisable to maintain this firm as continued representation is essential to protect the City’s interest and avoid unnecessary liability. In addition, utilizing the same firm provides efficiency that would be lost should the case need to be transferred to a different firm.

The Andrea Miller II matter is closed, however, there are outstanding invoices which must be reconciled and paid. The proposed amendments to contract amounts are as follows:

Case Firm Current Not-to-Exceed
Amount
Proposed Not-toExceed Amount
5:21-CV01459
Carpenter,
Rothans &
Dumont
$49,999 $150,000
CIVDS
2015337
Atkinson,
Andelson, Loya,
Rudd & Romo
$200,000 $300,000
CIVDS
2015337
Stream, Kim,
Hicks, Wrage &
Alfaro
$100,000 $250,000
2021-2025 Strategic Targets and Goals
Authorization of these amendments aligns with Key Target No. 1e: Improved Operational & Financial Capacity – Minimize Risk and Litigation Exposure. Continued legal representation protects the City’s interest and avoids unnecessary liability.

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Fiscal Impact
There is no impact to General Fund. Sufficient funding has been included in the FY 2022/23 budget to support the contract amendment.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or designee to execute:

4. The First Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont for representation in the Tammy Bender v. City of San Bernardino, et al. U.S. District Court Case No. 5:21-CV-01459-CBM-SP;

5. The Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Rudd and Romo for representation in the Andrea Miller II v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337;

6. The Second Amendment to the Professional Services Agreement with Stream, Kim, Hicks, Wrage and Alfaro for representation in the Andrea Miller II v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337 Attachments
Attachment 1 Original and Amended Agreements
Attachment 2 Exhibit A – New Amended Agreements
Ward:

All Wards
Synopsis of Previous Council Actions:

March 4, 2021 The Mayor and City Council authorized the City Manager to execute a Professional Services Agreement with Carpenter, Rothans & Dumont, LLP for representation in the U.S. District Court Case No. 5:21-CV-01459-CBM-SP.

April 6, 2022 The Mayor and City Council authorized the City Manager to execute the Second Amendment to the Professional Services with Atkinson, Andelson, Loya, Rudd and Romo for
representation in the Andrea Miller v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337.

April 6, 2022 The Mayor and City Council authorized the City Manager to execute the First Amendment to the Professional Services with Stream, Kim, Hicks, Wrage and Alfaro for representation in the Andrea Miller v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337.

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SECOND AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

CITY OF SAN BERNARDINO AND ATKINSON, ANDELSON,

LOYA, RUUD & ROMO
This Second Amendment (“Second Amendment”) is entered into by and between the City of San Bernardino, a charter city organized under the laws of the State of California (hereinafter the “City”), and Atkinson, Andelson, Loya, Ruud & Romo, (hereinafter the “Firm”) as of April 6, 2022. City and Firm are at times referred to individually as “Party” and collectively as the “Parties.”
WHEREAS, City and Firm entered into Professional Services Agreement dated April 30, 2020 for the provision of legal services in connection with the case entitled Andrea Miller v. City of San Bernardino, et. al II, San Bernardino Superior Co. Case No. CIVDS 2015337 (“Original Agreement”); and
WHEREAS, on July 21, 2021, the City and Firm entered into a First Amendment to the Original Agreement to include an additional $75,000, increasing the total contract amount to $125,000.

WHEREAS, City and Firm now wish to amend the Original Agreement to increase the not- to-exceed cap.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. Not-To-Exceed Cap. The $50,000 not-to-exceed cap identified in the Original Agreement is hereby increased to $200,000.

2. Effect on Other Provisions. All other provisions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed the day and year first above written.

CITY FIRM
Robert D. Field, City Manager Irma Rodriguez Moisa, Partner DocuSign Envelope ID: 82130563-07AC-4F76-9F68-07B76C0B75EE Packet Pg. 920

EXHIBIT B
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EXHIBIT A
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EXHIBIT B
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- 1 - Firm-General -- 3004707.1

STREAM KIM HICKS WRAGE & ALFARO, PC
HOURLY BILLING RATES [Effective January 1, 2021]
Attorneys 2021 Billing Rate
Theodore K. Stream $490
Eugene Kim $470
Robert J. Hicks $470
Jamie Wrage $445
Mario H. Alfaro $435
Jennifer A. Mizrahi $425
Alicen Wong $395
Amy J. Osborne $395
Todd R. Kinnear $395
Andrea Rodriguez $375
Nour A. Rizvi $375
Tuan-Anh Vu $350
Donna M. DiCarlantonio $275
Summer DeVore $270
Paraprofessionals
Cathy Brandt $210
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FIRST AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO

AND STREAM, KIM, HICKS, WRAGE, & ALFARO APC
This First Amendment (“First Amendment”) is entered into by and between the City of San Bernardino, a charter city organized under the laws of the State of California (hereinafter the “City”), and Stream, Kim, Hicks, Wrage, & Alfaro APC, (hereinafter the “Firm”) as of April 6, 2022. City and Firm are at times referred to individually as “Party” and collectively as the “Parties.”
WHEREAS, City and Firm entered into Professional Services Agreement dated March 17, 2021 for the provision of legal services in connection with the case entitled Miller v. City of San Bernardino, et al., San Bernardino Co. Case No. CIVDS2015337 (“Original Agreement”); and
WHEREAS, City and Firm now wish to amend the Original Agreement to increase the notto-exceed cap.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. Not-To-Exceed Cap. The $50,000.00 not-to-exceed cap identified in the Original Agreement is hereby increased to $150,000.00.

2. Effect on Other Provisions. All other provisions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year first above written.

CITY FIRM
Robert D. Field, City Manager Robert J. Hicks, Partner
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EXHIBIT A

FIRST AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF SAN

BERNARDINO AND CARPENTER, ROTHANS AND

DUMONT LLP
This First Amendment (“First Amendment”) is entered into by and between the City of San Bernardino, a charter city organized under the laws of the State of California (hereinafter the “City”), and Carpenter, Rothans & Dumont LLP, a limited liability partnership (hereinafter the “Firm”) as of January 18, 2023. City and Firm are at times referred to individually as “Party” and collectively as the “Parties.”
WHEREAS, City and Firm entered into Professional Services Agreement dated March 4, 2021, for the provision of legal services in connection with the case entitled Tammy Bender v. City of San Bernardino, et al., US District Court Case No. 5:21-CV-01459-CBM-SP (“Original Agreement”); and
WHEREAS, City and Firm now wish to amend the Original Agreement to increase the not- to-exceed cap.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. Not-To-Exceed Cap. The $49,999.99 not-to-exceed cap identified in the Original Agreement is hereby increased to $150,000.00.

2. Effect on Other Provisions. All other provisions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year first above written.

Dated: _____, 2023 Carpenter, Rothans & Dumont LLP
By: Steven J. Rothans
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By:

Its: City Manager
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EXHIBIT A

THIRD AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO
This Third Amendment (“Third Amendment”) to the Professional Services Agreement dated January 18, 2023, is made and entered into by and between the City of San Bernardino (“City”) and Atkinson, Andelson, Loya, Ruud & Romo (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On April 30, 2020, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Andrea Miller v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337 (“Original Agreement”).
b. On July 21, 2021, the City and Consultant entered into a First Amendment to the Professional Services Agreement (First Amendment).
c. On April 6, 2022, the City and Consultant entered into a Second Amendment to the Professional Services Agreement (Second Amendment).
d. The Original agreement is hereby amended to increase the total amount not to exceed amount from $300,000.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $50,000 to $300,000.

3. Except as modified by this Third Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2023 ATKINSON, ANDELSON, LOYA, RUUD & ROMO By: Irma Rodriguez Moisa,
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By:

Its: City Manager
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EXHIBIT A

SECOND AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF SAN

BERNARDINO AND STREAM, KIM, HICKS, WRAGE, &

ALFARO APC
This Second Amendment (“Second Amendment”) is entered into by and between the City of San Bernardino, a charter city organized under the laws of the State of California (hereinafter the “City”), and Stream, Kim, Hicks, Wrage, & Alfaro APC, (hereinafter the “Firm”) as of January 18, 2023. City and Firm are at times referred to individually as “Party” and collectively as the “Parties.”
WHEREAS, City and Firm entered into Professional Services Agreement dated March 17, 2021 for the provision of legal services in connection with the case entitled Andrea Miller v. City of San Bernardino, et al. II, San Bernardino Co. Case No. CIVDS2015337 (“Original Agreement”); and
WHEREAS, City and Firm now wish to amend the Original Agreement to increase the not- to-exceed cap.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. Not-To-Exceed Cap. The $150,000.00 not-to-exceed cap identified in the Original Agreement is hereby increased to $250,000.00.

2. Effect on Other Provisions. All other provisions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed the day and year first above written.

Dated: _____, 2023 STREAM, KIM, HICKS, WRAGE, & ALFARO APC By: Robert J. Hicks
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By:

Its: Interim City Manager
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 18, 2023
To: Honorable Mayor and City Council Members
From: Suzie H. Soren, Director of Human Resources
Department: Human Resources
Subject: Agreements with Kaiser Permanente for Preemployment and Occupational Medical 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 designee to execute:

1. A professional services agreement with Kaiser Permanente for pre-employment screening services.

2. A professional services agreement with Kaiser Permanente for occupational medical services.

Background
The City of San Bernardino has utilized Fox Occupational Medical Center to provide medical services relating to pre-employment screening clearances and workplace injuries from 2018 to present. In response to the expiration of that contract, staff prepared two separate Request for Proposals (RFP). One RFP was established for pre-employment medical services, which garnered three responses from bidders. The second RFP was created for occupational medical services, which collected two responses. The criteria used to evaluate each proposal was based on the bidder's ability to render services outlined in the scope of services in each RFP. Kaiser Permanente was selected as the most qualified vendor to provide both preemployment and occupational medical services.

Discussion
Kaiser Permanente provides a wide array of health services, including occupational medicine; pre-employment; drug screening; vaccinations; return-to-work exams; fitness for duty exams, commercial driver medical certification; and other services related to the City of San Bernardino’s employment related medical examinations.

Following a detailed analysis of each proposal, including an evaluation of qualifications, staffing, understanding of the City’s scope of work, references, and ability to meet the Packet Pg. 946
City’s needs regarding appointment availability and hours of operation, Kaiser was found to be the most equipped bidder.

Kaiser Permanente’s staff are trained, certified, and monitored for regulatory compliance and testing accuracy. Extensive peer reviews and continuing medical education requirements help to ensure that physician and staff quality remain high. In addition, to ensure that City employees are receiving high-quality care and service, Kaiser Permanente subscribes to a rigorous program of certification, training, clinical review, and quality improvement that include: performance monitoring; credentialing and re-credentialing of physicians and other health care professionals; patient satisfaction surveys; continuing medical education programs; and internal surveys and audits.

The focus of their medical care program is not just health and safety exams or the treatment of injury and illness, but on prevention and wellness. For example, they use an electronic health information system to trend data over time and identify developing work-related health issues, so that employees can take preventive measures before a potential problem becomes serious.

Kaiser Permanente has extensive experience in the services requested within the City’s RFP and is committed to providing the following services to the City of San Bernardino:
o Work Fitness exams
o Department of Transportation (DOT) exams
o DOT drug testing
o First Aid
o Return to Duty Evaluations
o Work related injury care evaluation and treatment
o Respirator Clearance
o Immunization evaluation and vaccinations
o Maintenance of Medical Records
o TB Testing
o Pre-employment medical exams
o Police Officer Standards and Training (POST) Exam
Local Vendor Preference
Of bidders that turned in proposals, two have office locations in the City of San Bernardino; however, none are headquartered in the City. Kaiser Permanente does not have office locations for the services requested in the City; however, they have nearby locations in Riverside and Fontana, and staff is confident that Kaiser Permanente will offer the highest quality of service to City employees. 2021-2025 Strategic Targets and Goals
The request to enter into a professional services agreement for pre-employment and occupational medical clinic services aligns with Key Target No. 2b: Build a culture Packet Pg. 947
that attracts, retains, and motivates the highest quality talent by assisting employees in navigating health clearances and workplace injuries.

Fiscal Impact
There is no financial impact as sufficient funding is included in the FY 22/23 Operating Budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute:

1. A professional services agreement with Kaiser Permanente for pre-employment screening services.

2. A professional services agreement with Kaiser Permanente for occupational medical services.

Attachments
Attachment 1 Professional Services Agreement – Pre-employment Services
Attachment 2 Professional Services Agreement – Occupational Medical Services
Attachment 3 RFP Pre-employment Services Response – Kaiser Attachment 4 RFP Pre-employment Services Response – Concentra Attachment 5 RFP Pre-employment Services Response – Exam Professionals
Attachment 6 RFP Occupational Medical Services Response – Kaiser Attachment 7 RFP Occupational Medical Services Response – Concentra Ward:

All Wards
Synopsis of Previous Council Actions:

June 20, 2018 The Mayor and City Council adopted Resolution No. 2018-169, approving the Vendor Services Agreement between Fox
Occupational Medical Center for Pre-Employment Physicals and evaluations.

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND KAISER FOUNDATION HEALTH PLAN INC
This Agreement is made and entered into as of January 18, 2023, 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 KAISER FOUNDATION HEALTH PLAN, INC. , a California nonprofit corporation with its principal place of business at 1800 Harrison Street 9th Floor, Oakland, CA. 94612 (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:

Pre-Employment Screening 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 in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Packet Pg. 949
2 Consultant under this Agreement exceed the sum of $50,000 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. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.

6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2025, with a two (2), one (1) year options to renew.

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.
c. Ownership of Medical Records. All records and test results obtained via examinations conducted under the Agreement shall be considered the property of and owned by the medical provider and will be retained by Consultant in the City of San Bernardino employee’s medical record as required by state and federal regulations.

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3 These records will not be released to anyone, except with the written permission of the patient, or as required by regulations and for the adjudication of workers’ compensation claims.

An electronic medical record is created for each patient in Consultant’s integrated health management system. KPHealthConnect is Consultant’s electronic medical record; all patient transactions are tracked in this system of record will be held in perpetuity. Consultant’s computer systems shall comply with extensive security and disaster recovery guidelines and industry best practices.

All medical reports and clearances sent to the City from Consultant may be utilized for audit purposes. The City will be responsible for maintaining any employee records they receive from Consultant.

The City will be responsible for maintaining their Surveillance program requirements and schedules. The surveillance program consists of providing surveillance exams when requested by the city. It is up to the city to determine which employees require a surveillance examination.

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 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.

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4 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 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 Packet Pg. 952
5 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, in lieu of any insurance requirements contained herein, may fulfill such insurance obligations through its alternative risk management programs, including self-insurance, and City consents to such self-insurance and agrees that, in such case, Consultant cannot provide endorsements or reports deductibles, or self-insured retentions, or other requirements that are inconsistent with a program of selfinsurance. 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:

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
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6 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. (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 Packet Pg. 954
7 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, see section 16 for alternate Insurance Requirements.
(i) 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.

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8 (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.
h. 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. i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance 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.

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9 (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. j. 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.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by 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. l. 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 Packet Pg. 957
10 same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. Consultant agrees to defend, indemnify, protect, and hold harmless the City of San Bernardino, its agents, officers and employees (collectively, "City of San Bernardino") from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney's fees, or payments for injury to any person or property (collectively, "Losses") caused or claimed to be caused by the gross negligence or willful misconduct of Consultant, or Consultant's employees, agents and officers. Consultant's responsibilities under this agreement do not include liability arising from the City of San Bernardino, unless arising in combination with the acts or omissions of Consultant, its employees, agents or officers; provided, however, that Consultant's duty to defend, indemnity, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of City of San Bernardino hereunder. City of San Bernardino, has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from Consultant, if the City of San Bernardino chooses to do so. Consultant’s indemnification obligations under this section for Losses incurred during the term of this Agreement and arising out of this Agreement shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a 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) Packet Pg. 958
11 and debarment of contractors and subcontractors (Labor Code Section 1777.1).

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

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

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

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
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 Packet Pg. 959
12 error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

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

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

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

27. Organization. Consultant shall assign Catherine V. Bland 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
With Copy To:

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

Kaiser Foundation Health Plan, Inc.
1800 Harrison Street 9th Floor
Oakland, CA 94612
Attn: Catherine V. Bland

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.

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

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

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

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

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

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.

Packet Pg. 961
14 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

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

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

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

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

BETWEEN THE CITY OF SAN BERNARDINO

AND KAISER FOUNDATION HEALTH PLAN INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

KAISER FOUNDATION HEALTH PLAN
INC
Signature
Name
Title
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16 EXHIBIT A

SCOPE OF SERVICES
Physical Exam Scheduling: Physical exams must be able to occur within two (2) working days of being requested to do so by the City. Applicants/Employees should wait no longer than thirty (30) minutes.

KPOJ will make every effort to schedule the physical exams and services denoted within this RFP within (2) working days, of the exam being requested by the City. However, in certain instances, exams may extend past (2) working days. KPOJ will make every effort to limit wait times to no longer than (30) minutes, however in some instances KPOJ wait time may exceed (30) minutes.

POST Exams Deviations/Exceptions: KPOJ will send written clearances within 24 hours of having all the information and documentation to complete the clearance report. Should there be a delay, due to additional information or testing being required. The clinic will notify the City’s designated contact and the employee. KPOJ will make every effort to notify the City of delays within 48 hours of a delay. However, in some instances notifications may be delayed beyond 48 hours.

Drug Screens Deviations/Exceptions: Should the City elect to utilize Quest the test results reporting time varies depending upon the service provided. BAT and Spirometry results are typically provided the same day. DOT/non -DOT urine collection typically requires 24-48 hours for lab results. However, if a Medical Reporting Officer’s interpretation is needed the reporting time will depend upon the donor’s response to the MRO. KPOJ agrees to provide rapid drug tests to meet the timeframes within the RFP and report negative results to the City within 48 hours of the testing.

Non-negative tests will need to be sent to either the City’s Third-Party Administrator or to Quest.

Site Examination: Any site examinations requested by the City of San Bernardino shall be performed (1) not more frequently than once per calendar year, unless the results of the previous site examination reveal deficiencies, in which case the City of San Bernardino may conduct an additional site examination and/or re-evaluation: (2) during Supplier’s normal business hours; (3) on a date and time mutually agreeable to Kaiser Permanente and the City of San Bernardino. Terms of the site visit must be mutually agreeable and must protect patient privacy and not violate HIPAA.

Invoices and/or medical reports that Kaiser Permanente has provided to the City of San Bernardino via mail, fax or email may be subject to audit/examination at the sole discretion of the City of San Bernardino.

Pre-employment Exams: Standard pre-employment examinations through KPOJ include medical evaluations to determine a job applicant's current limitations in relation to the essential job tasks identified by the employer. Pre-placement examinations provide valuable information to the employer to assist them in determining applicants' fitness to perform essential job tasks, making reasonable accommodations for safety, and in complying with the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA). Pre-placement evaluations are also required for Occupational Safety and Health Administration (OSHA)-regulated medical surveillance.

We are prepared to perform physical exams according to City of San Bernardino job classifications or assignments. We will review each job classification and job description that includes physical requirements related to environmental conditions.

Kaiser Permanente physicians conduct a typical pre-placement exam as follows:
• Occupational and medical history, including review of past injuries, illnesses, and disabling claims, especially related to musculoskeletal conditions, back and Repetitive Motion Injuries (RMI’s) that are directly related to the applicant's job tasks Packet Pg. 964
17 • Review of employer job descriptions which include essential tasks and environmental factors • Vital signs, height, and weight
• Physical examination focused on job tasks, for example: musculoskeletal evaluation directed toward past problems and current job tasks; focused back evaluation; neck and upper extremity screening (over 10 separate assessments and maneuvers); lower extremity functional assessment
• Vision testing (far, near, color, peripheral) and hearing screen (Whisper Test) • Physician assessment and medical recommendation for applicant placement including:
recommendations for accommodation; recommendations for placement restrictions; recommendations for further evaluation prior to final employer decision; discussion of wellness issues with applicants
Police: To help the City of San Bernardino maintain a healthy workforce, our physicians, nurse practitioners, and other health care providers have been specially trained in pre-placement and periodic evaluations including the extensive medical guidelines of Peace Officer Standard & Training (POST). Our Police Officer exams meet all POST and Occupational Safety & Health Administration (OSHA) standard regulations. The POST is nationally recognized as the foremost authority in medical standards for law enforcement. The KPOJ comprehensive POST medical evaluations include the following:
• Occupational and medical history assessment, including review of past injuries and illnesses and disabling claims related to cardiovascular and musculoskeletal conditions, back injuries, and other conditions per the POST guidelines for law enforcement • Review of local agency job requirements, including essential tasks, environmental factors, and staffing
• POST physical examination, including musculoskeletal evaluation based on past problems and current job tasks, focused back evaluation, neck and upper extremity screening, and low extremity functional assessment • Vision testing
• Other POST-recommended exam components, including audiometry, spirometry, electrocardiogram (EKG), treadmill, urinalysis, drug testing, purified protein derivative test (PPD) for tuberculosis (TB), complete blood count test (CBC) for anemia or infection, comprehensive chemistry panel, and antibody measurements to test for hepatitis B and C • Physician assessment and medical recommendations for placement, restrictions, or further evaluation prior to final employer decision
• Voluntary discussion of wellness issues
• Additional tests and services can be added based on the City’s specific needs or as clinically indicated by our evaluating physician to clear an employee.

Respiratory Clearance (Pulmonary Function Test/Spirometry): To help ensure your employees are physically able to work safely with a respirator, we offer respirator clearance medical examinations. As required by the Occupational Safety and Health Administration (OSHA), clearance takes place before fit testing or training for respirator use. The assessment includes:
• Physician or registered nurse review of respirator questionnaire • Focused occupational and medical history
• N-95 fit testing
• Focused physical examination
• Spirometry
• Physician interpretation and written clearance
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18 Our examinations comply with regulatory agencies (federal, state, and local), accreditation agencies, and the Center for Disease Control and Prevention (CDC)/National Institute for Occupational Safety and Health (NIOSH) guidelines. If the physician identifies potential risk factors for the employee in the respirator questionnaire, the patient history or examination, other tests, such as exercise stress testing, may be required before clearance. Supplementary tests can often be performed by us, at an additional cost.

Hearing Screening: KPOJ performs baseline and annual audiometric testing and evaluations.

We compare results annually and prepare trend analyses to identify any hearing loss.

Automated hearing conservation audiometric equipment with a sound-treated test environment is available within Kaiser Permanente’s Medical Centers. Technicians performing hearing tests must successfully pass a hearing conservation course accredited by the Counsel for Accreditation in Occupational Hearing Conservation (CAOHC). Audiometers and sound rooms are calibrated and tested to meet American National Standards Institute (ANSI) specifications

3.6. We are certified and follow strict adherence to OSHA/CalOSHA Hearing Conservation Amendment. In the event that additional evaluation is needed, we also have access to more extensive audiometric testing and evaluation in the Ear, Nose, and Throat (ENT) Departments at our medical centers.

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19 Vision: Vision testing—including near, far, peripheral, stereo depth, and color—is provided at each of our occupational health centers using Titmus equipment. Additional vision testing and evaluation services are available by referral in the ophthalmology departments at Kaiser Permanente Medical Centers. Vision screening is completed as part of all physical examinations utilizing the Snellen eye chart unless otherwise specified according to the employee’s job description/job classification. Each occupational health clinic has Titmus Vision Testing equipment for a more in-depth screening. Comprehensive vision testing and evaluation are available at each medical center in the Ophthalmology department.

Laboratory: Laboratory services, including CBC and Chemistry Panel, are available at all Kaiser Permanente medical facilities where our occupational health clinics are located. Lab work will be ordered by the KPOJ Occupational physician and the lab draw may be done at any Kaiser Permanente lab in Southern CA.

Radiology: Radiology is available during business hours in Kaiser Permanente Radiology departments and 24 hours a day in Kaiser Permanente Emergency departments. During normal business hours KPOJ has direct access to medical X-ray imaging. We utilize digital X-ray services that allow X-rays to be viewed immediately by a physician once the X-ray has been performed. More in-depth reading of results by a certified radiologist is available within 24 hours of completion of the assessment.

Vaccinations: Vaccinations and titers, including Hepatitis B, are available through KPOJ. Our clinics also provide Hepatitis A, Influenza, Tetanus/Diphtheria/Pertussis (Td and Tdap).

TB Tests: KPOJ provides PPD/TB Clearance (PPD/TB) for baseline, annual and periodic testing, as well as QuantiFERON lab-based TB testing. Tuberculosis (TB)/PPD skin test can include:
• Purified protein derivative skin tests to help control and prevent the spread of TB. • Two-step testing, with a second test performed approximately one week after the first.

Results from both tests are read 48 to 72 hours after administration. Two-step testing enables us to obtain important baseline information that helps to differentiate in subsequent tests between positive “boosted” reactions due to past infections and positive reactions caused by new TB infections.

Cardiology: Electrocardiograph (ECG or EKG) testing and Stress testing is available through Kaiser Permanente. The KPOJ clinic will coordinate all aspects of the ECG, EKG and/or Treadmill testing associated with the health and safety clearance.

Drug and Alcohol Screening: Our occupational clinic staff provide drug screen collection and are trained in Chain of Custody procedures, including specimen collection and National Institute for Drug Abuse (NIDA) and non-NIDA collection requirements. In compliance with 49 CFR Part 40 and the Department of Transportation (DOT) regulations, we require all staff to complete a training course for urine drug screen collections prior to any drug screen collection. In addition, our staff is current with breath alcohol technician training and demonstrates proficiency in accordance with 49 CFR Part 40.

Breath alcohol testing is provided in all our occupational health centers. Our equipment meets DOT/DMV standards and is on the National Highway Traffic Safety Administration’s Conforming Products List for instruments that conform to the model specifications for Evidential Breath Testing Devices. The occupational health technicians who perform breath alcohol testing have all successfully completed a DOT certification course.

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20 Our substance abuse program is typically administered by Quest, a third-party administration firm specializing in private and public sector substance abuse testing programs. We provide urine specimen collection services and breath alcohol testing, while Quest provides the laboratory services, Medical Review Officer (MRO) services, reporting, training, and assistance with employer policy development and record keeping requirements. Collection is available both on and off site.

Our clinics will also act as a collection site for City of San Bernardino’s third-party administrator, should City of San Bernardino elect to use a different TPA/MRO.

Onsite Services: KPOJ will provide on-site services for the City of San Bernardino, with a minimum of thirty (30) days’ notice. Onsite services must be scheduled for mutually agreed upon dates and times. On-site services typically require a minimum of 30 employees scheduled on any given day. Onsite fees may be waived, based on the number of employees scheduled for services. Services available onsite include physical exams, vaccinations, respirator clearance and fit testing, TB testing, and lab work. Other services may be available upon arrangements with your account manager.

Additional Exams and Services: KPOJ can provide the following surveillance exams:
asbestos exam, asbestos with silica exam, silica exam, lead exam.

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21 SCHEDULE OF CHARGES
RFP Price for One Year
Audiogram, screening $ 30.00
Breathalyzer, alcohol screen $ 30.00
Urine Drug Screen - DOT with MRO $ 60.00
Urine Drug Screen - Non-DOT 11 Panel $ 45.00
EKG, resting $ 50.00
POST Physical Exam $ 95.00
Titer: Hepatitis B Surface Antibody, HBsAB $ 31.00
Vaccine: Hepatitis B (series of 3 injections)/Per injection $ 94.00 Vaccine: Hepatitis A (series of 2 injections)/Per injection $ 96.00 Lipid Panel $ 28.00
Preplacement Physical Exam $ 65.00
QuantiFERON testing $ 127.00
Lumbar X-Ray (1 view) $ 55.00
Chest X-Ray (1 view) $ 55.00
Chest X-Ray (2 views) $ 65.00
Vaccine: Variva (chickenpox) (if indicated)/ Per injection $ 132.00 Respirator Physical Exam $ 60.00
Respirator Fit Test, qualitative (When employer requested $ 35.00 Urine Drug Screen Collection Only (sent out to employer lab) 10 Panel $ 20.00 Urine Drug Screen - DOT with MRO $ 60.00
Urine Drug Screen - Non-DOT 11 Panel $ 45.00
Vaccine: Tdap $ 63.00
Titer: Hepatitis B Surface Antibody, HBsAB $ 31.00
Titer: Mumps Antibody screen $ 35.00
Titer: Rubella Antibody screen $ 35.00
Titer: Rubeola Antibody Screen $ 35.00
Titer: Varicella Antibody Screen $ 35.00
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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND KAISER FOUNDATION HEALTH PLAN INC
This Agreement is made and entered into as of January 18, 2023 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 KAISER FOUNDATION HEALTH PLAN, a CORPORATION with its principal place of business at 1800 Harrison Street 9th Floor, Oakland, CA. 94612 (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:

Occupational Medical Clinic 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 in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Packet Pg. 970
2 Consultant under this Agreement exceed the sum of $150,000 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. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.

6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2025 with two (2), one (1) year extension

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

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

9. Delays in Performance.

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

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

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B” and incorporated herein by this reference.

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of Packet Pg. 972
4 interest with the City.

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

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

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

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

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

Packet Pg. 973
5 (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

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

Packet Pg. 974
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.

At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required
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7 (i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per 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.
h. 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. i. 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. 976
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. j. 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.
k. 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. 977
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. l. 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. 978
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. 980
12 the property of the City.

27. Organization. Consultant shall assign Catherine V. Bland 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
With Copy To:

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

Kaiser Foundation Health Plan Inc
1800 Harrison Street 9th Floor
Oakland, CA. 94612
Attn: Catherine V. Bland

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 Packet Pg. 981
13 determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, 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.

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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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND KAISER FOUNDATION HEALTH PLAN INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

KAISER FOUNDATION HEALTH PLAN
INC
Signature
Name
Title
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16 EXHIBIT A

SCOPE OF SERVICES/SCHEDULE OF CHARGES

OCCUPATIONAL MEDICAL CLINIC SERVICES

1. Work fitness examinations/evaluations as requested by the city to determine an employee’s physical ability to perform the duties of their position without undue hazard to employee or others.

2. Medical examinations/evaluations required for commercial driver’s license (Class A/B license).

3. Services of a licensed psychologist/therapist or psychiatrist, who can evaluate industrial or non-industrial stress and psychological issues.

4. Drug testing in accordance with Department of Transportation (DOT). The City has established drug testing programs consistent with DOT. The City’s DOT testing includes pre-employment, post-accident, reasonable suspicion, random testing, and follow-up testing, with the addition of periodic testing of individuals.

Service shall be available twenty-four (24) hours per day, seven (7) days per week, either directly or in partnership with another qualified provider.

5. First aid treatment at the proposer’s medical facility of minor industrial injuries that do not require more than one follow-up visit. First aid means any one-time treatment, and any follow-up visit for the purpose of observation, of minor scratches, cuts, burns, splinters, or other minor industrial injury, which do not ordinarily require medical care as defined by Labor Code Section 5401. This onetime treatment, and follow-up visit for the purpose of observation, is considered first aid even though provided by a physician or registered professional personnel.

6. Return to Duty evaluations.

7. Transportation services to and from the facility when necessary.

8. Medical examinations and evaluations as requested by the City to determine if an employee’s injury or illness is work related.

9. Contractor shall, per the request of the City and/or per Occupational Safety and Health Administration (OSHA) protocol, provide the following, but not limited to:

Respirator Clearance Examinations, Proof of Immunization Services, and Proof of immunity examinations and vaccinations as determined necessary.

10. Provide vaccinations and immunizations for communicable diseases including, but not limited to, hepatitis, rabies, tetanus, and other communicable diseases as required and/or in response to public emergencies as determined by the Packet Pg. 985
17 County’s Public Health Department. Provide Tuberculosis Testing shall be as follows: Initial and annual tuberculosis screenings for City employees upon request; Provide mass testing/screening at various City worksites upon request; and provide tuberculosis skin testing for employees exposed to active tuberculosis and who have been determined to need additional testing by the City.

11. Initiate and/or update and maintain medical/health records on all employees for whom Contractor provides services. Initiate health records on all City job applicants including, but not limited to the following: health questionnaire, results of all tests, proofs of immunity, examinations, physician consultations, and progress notes with rationale for any additional tests or reports outside of the scope of usual examination. These records and all related materials shall remain the property of the City.

12. Maintain and store all medical records for the term of the contract at no additional cost and in a secure and confidential manner. Should the Agreement be cancelled or expire, these records are the property of the City and shall be made available to the City within two (2) weeks of cancellation or expiration, at no charge to the City.

13. Contractor shall provide staff containing licensed examining physicians, clinicians and support staff who are experienced in occupational medicine and familiar with state and federal laws. Contractor shall also provide appropriate support staff, such as licensed nurses, medical technicians, etc., as well as necessary facilities, equipment, supplies and materials.

14. Contractor shall maintain examination centers located within San Bernardino or Riverside County and convenient to the City. The City will consider proposals whose facilities are not in close proximity to the City. The Contractor shall provide services during normal business hours Monday-Friday, City holidays excluded.

Location of services shall be handicapped-accessible and shall conform to all applicable federal, state, and local safety laws.

Packet Pg. 986
18 SCHEDULE OF CHARGES

FITNESS FOR DUTY (FFD/RTW)
300397 Fitness for Duty Physical Exam, Initial $ 95.00
As Clinically Indicated:
300408 Physician Consultation; each additional 15 minutes $ 60.00 97750 Lift Test Evaluation, each 30 minutes $ 60.00

DMVDOT EXAM (DMV)
300390 DMV/DOT Physical Exam $ 115.00
Per Employer Request
300465 Urine Drug Screen - DOT with MRO $ 60.00

DRUG SCREEN (DRUG)
300465 Urine Drug Screen - DOT with MRO $ 60.00
82075 Breathlyzer, alcohol screen $ 30.00
As Clinically Indicated:
300421 Breathlyzer, alcohol confirmatory test (positive screen test) $ 30.00

RETURN TO WORK (FFD/RTW)
300397 Fitness for Duty Physical Exam, Initial $ 95.00
As Clinically Indicated:
300408 Physician Consultation; each additional 15 minutes $ 60.00 97750 Lift Test Evaluation, each 30 minutes $ 60.00

RESPIRATOR MEDICAL EVALUATION - BASELINE/ANNUAL (RESP)
300415 Review of Respirator Questionnaire by MD/NP/RN $ 35.00 Per Employer Request
300410 Respirator Fit Test, Qualitative (When employer requested) $ 35.00 As Clinically Indicated:
71046 Chest X-Ray (2 views) $ 65.00
300391 Respirator Physical Exam $ 60.00
93015 Cardiac Stress Test with Treadmill $ 230.00
94010 Spirometry $ 35.00
300408 Physician Consultation; each 15 minutes $ 60.00

TITER/VACCINATION (VAX)
300406 History/Review of Tests/Brief Screen/No Physical by RN/MD/NP $ 35.00 86735 Titer: Mumps antibody screen $ 35.00
86762 Titer: Rubella antibody screen $ 35.00
86765 Titer: Rubeola antibody screen $ 35.00
86787 Titer: Varicella antibody screen $ 35.00
86317 Titer: Hepatitis B Surface antibody, HBsAB $ 31.00 86382 Titer: Rabies $ 43.00
36415 Venipuncture $ 15.00
Per Employer Request
90746 Vaccine: Hepatitis B (series of 3 injections) per injection $ 94.00 Packet Pg. 987
19 90707 Vaccine: MMR injection (series of 2 injections, if indicated) -per injection $ 76.00 90715 Vaccine: Tdap (tetanus, diphtheria, pertussis) $ 63.00 90716 Vaccine: Varivax (chickenpox) (series of 2 injections, if indicated) per injection $ 132.00 90658 Influenza vaccine injectin, as vaccine is available $ 20.00 90632 Vaccine: Hepatitis A (series of injections) per injection $ 96.00 90675 Rabies Vaccine - series of 2 injections/ per injection $ 371.00

PPD/TB CLEARNACE (PPD/TB) BASELINE/ANNUAL/PERIODIC
99211
History/review of Tests/Brief Screen/No Physical/TB Risk Assessment Questionnaire Form Completion by RN/MD/NP -OR- $ 35.00
86580 PPD, one placement and one reading -OR- $ 20.00
86480 QuantiFERON testing $ 127.00
36415 Venipuncture $ 15.00
99211 Brief encounter with non-MD Provider (PPD-Review Of Symptoms Form) $ 20.00 As Clinically Indicated:
71045 Chest X-Ray for Positive PPD (1 view) $ 55.00
71046 Chest X-Ray for Positive PPD (2 view) $ 65.00
300422 PPD, 2 step, 2 placements and readings $ 30.00

ONSITE SERVICES NURSING
300418 Site: Nursing Onsite each 15 min. (minimum one hour) $ 37.00 300412 Administrative Activity $ 60.00

AUDIOGRAM (AUD)
92552 Audiogram, screening $ 30.00
As Clinically Indicated:
300408 Physician Consultation; each 15 minutes $ 60.00

WORKER'S COMPENSATION INJURY CARE SERVICES
N/A Initial injury evaluation and care
Reimbursement at CA
Fee Schedule Rate
N/A Follow up injury care
Reimbursement at CA
Fee Schedule Rate
Vaccination - History/Review of Tests/Brief Screen fee only charged when the vaccination/titer is done as a stand-alone service and not in conjunction with a physical exam
Onsite Services - A minimum of 30 scheduled appointments are usually required for services to be done at a city location. Onsite fees may be waived based on the number of services
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Concentra's Proposal for PreEmployment Screening
Services

PRESENTED TO
City of San Bernardino
RFP F-23-01A

PRESENTED BY
Joseph Moritz
Senior Key Accounts Manager
599 Inland Center Drive
San Bernardino, CA 92408
Mobile: 760.212.5910
Email: [email protected]
Packet Pg. 1020
concentra.com 5080 Spectrum Drive, 1200 West Tower, Addison, Texas 75001 • 800.232.3550 October 18, 2022
Precious Carter
Purchasing Manager
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
RE: Pre-Employment Screening Services, RFP F-23-01A
Dear Ms. Carter:

Concentra® is pleased to present to City of San Bernardino (City) our proposal to provide PreEmployment Screening Services, which adheres to all specifications and includes all relevant attachments.

As City’s incumbent provider for the scope of services and as the nation’s leader in occupational healthcare, Concentra is highly qualified and well positioned to continue performing the services City is seeking. Our national footprint, strong infrastructure, health care expertise, and commitment to service excellence would provide ongoing tangible benefits for City – supporting you in your efforts to meet your program objectives.

Concentra draws from a pool of experienced professionals to serve our clients’ needs. We assign an initial point of contact during the procurement and contracting phases and designate operational resources to provide ongoing account management and program support. The operations director would monitor contract deliverables and program expectations to help ensure we achieve successful outcomes that effectively meet the program objectives. In addition, the account management team would help ensure the services rendered under the contract remain compliant with all applicable local, state, and federal regulations.

Should you have any questions or concerns regarding our response, please contact Joseph Moritz, Senior Key Accounts Manager, via phone: 760.212.5910 or by email: [email protected].

Concentra affirms that:
▪ All information contained herein is current, complete, accurate, and remains valid for 120 days following the due date, October 18, 2022
Concentra values City’s consideration of our response. We are confident that when our experience and capabilities, geographic footprint, and account management strategy are taken into account, Concentra will emerge as your ideal partner for the requested services. We look forward to the opportunity to continue serving as the preferred Pre-Employment Screening Services partner with City of San Bernardino and its employees.

Respectfully submitted,
Kathy T. Le, MD, MPH
President and Treasurer
Occupational Health Centers of California, a Medical Corporation dba Concentra Medical Centers DocuSign Envelope ID: 5B8ADC8C-988A-4740-A75D-7825AA169563 Packet Pg. 1021
City of San Bernardino ♦ RFP F-23-01A
Pre-Employment Screening Services
October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Executive Summary

1. Executive Summary (2-page limit)
Summarize the content of your proposal in a clear and concise manner.

We provide service descriptions for providing the City’s requested scope of work. While these service descriptions highlight our standard approach, we have the expertise and resource to render all services per the City’s specifications and in full compliance with all applicable regulatory requirements.

Understanding the City’s Requirements
Concentra understands that the City is requesting proposals from qualified firms for pre-employment screening services.

Concentra further acknowledges that the City desires a program consisting of a minimum of the following:
▪ Pre-employment medical examinations and evaluations for perspective employees ▪ Occupational/environmental health exams and evaluations ▪ Preparation of written summaries of medical exam/test results ▪ Manage medical/health records
▪ Maintain and store all medical records
▪ Provide physical exams within two (2) working days upon request with wait no longer than thirty (30) minutes
Concentra’s Solution
As the incumbent, Concentra has extensive experience performing the requested services and we are confident our expertise and best practices approach to pre-employment screening services make us the right company to continue to assist the City in meeting its program objectives.

Concentra would successfully perform the requested scope of services proficiently and in the most costeffective manner through our extensive network of medical centers, our skilled clinicians and account management team staff, and our operational efficiency.

Concentra assures the City that we would:
▪ Leverage our decades of experience and use company best practices that are compliant with the Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA), and other regulated examinations
▪ Maintain policies and procedures to ensure ongoing compliance with the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the National Fire Protection Association (NFPA), police officer standards, and many others
▪ Conduct drug screenings in accordance with DOT standard, 49 CFR Part 40 ▪ Utilize a Substance Abuse and Mental Health Services Administration (SAMHSA)-certified, College of American Pathologists-Forensic Drug Testing (CAP-FDT) accredited, and Clinical Laboratory Improvement Amendments (CLIA)-certified laboratory for specimen analysis ▪ Utilize our San Bernardino Inland medical center as the main service site ▪ Employ only properly certified and trained staff to perform the scope of work ▪ Assign a designated team of qualified professionals to oversee the City’s program and ensure continued compliance
▪ Document patient visits and generate meaningful reports ▪ Maintain records securely to ensure confidentiality of personal health information in accordance with the guidelines outlined by the Health Insurance Portability and Accountability Act (HIPAA) We have the experience and resources, and qualified personnel, and are readily able to serve the City efficiently and professionally.

Packet Pg. 1022
City of San Bernardino ♦ RFP F-23-01A
Pre-Employment Screening Services
October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Executive Summary A Best-in-Class Occupational Health Model
With a clear and compelling vision and a notable record of accomplishments, we offer our best-in-class solution and a health care experience that is second to none. As clients come to know us, they discover Concentra’s value in everything we do.

A National Leader Applying Proven Approaches
Unmatched Access
With Concentra, your employees have access to our extensive network of nearly 520 Concentra medical centers nationwide. In addition, Concentra Telemed® and Concentra Telerehab® extend access to care beyond the centers’ walls and standard working hours. Our integrated approach ensures continuity of care by leveraging the same electronic medical record and practice model regardless of access point.

Concentra’s Transportation Solution provides injured employees with scheduled and real-time rides to and from Concentra medical centers. Available nationwide, our transportation solution is provided free of cost for employee transportation after initial injury, for follow-up appointments, and for scheduled physical therapy visits. After an employee reports an injury to his/her supervisor, the supervisor calls the local Concentra medical center to request a ride. A few minutes later, a driver sends a text message notifying the employee of the estimated time of arrival for pickup. After the visit, center team members arrange for the employee’s ride back to the workplace or home, depending on the severity of the injury and the treating clinician’s recommended treatment plan. The City’s employees would have prompt access to expert care, convenient rides with no smartphone app or tip required, and reduced time away from work.

Our Mission
Our company mission is to improve the health of America’s workforce, one patient at a time. We take a customized approach that enables us to meet the diverse needs of our customers across the U.S. We attribute our success to our commitment to put our customers’ people first, delivering personalized attention that optimizes employee health and productivity.

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City of San Bernardino ♦ RFP F-23-01A
Pre-Employment Screening Services
October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Table of Contents

2. Table of Contents

1. Executive Summary (2-page limit) ............................................................................. 2

2. Table of Contents....................................................................................................... 4

3. Identification of Proposer (2-page limit) ..................................................................... 5

4. Staffing Resources (3-page limit)............................................................................... 6

5. Experience and Technical Competence (10-page limit)............................................. 9

6. Proposed Method to Accomplish the Work (5-page limit) ........................................ 16

7. Fee Proposal (2-page limit)...................................................................................... 21

8. Insurance (4-page limit) ........................................................................................... 23

9. Litigation (3-page limit)............................................................................................. 24

10.Other Information (2-page limit)............................................................................... 25

11.Certification of Proposal........................................................................................... 26

12.Appendices (5-page limit) ........................................................................................ 27 Packet Pg. 1024
City of San Bernardino ♦ RFP F-23-01A
Pre-Employment Screening Services
October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 5

3. Identification of Proposer (2-page limit)
a. Legal name and address of the company.

Occupational Health Centers of California, a Medical Corporation 5080 Spectrum Drive, Suite 1200W
Addison, TX 75001
b. Legal form of company (partnership, corporation).

C Corporation
c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.” Select Medical Corporation
d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal.

Joseph Moritz, Senior Key Accounts Manager
599 Inland Center Drive
San Bernardino, CA 92408
Mobile: 760.212.5910
Email: [email protected]
e. California Business License Number
C2055819
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City of San Bernardino ♦ RFP F-23-01A
Pre-Employment Screening Services
October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 6

4. Staffing Resources (3-page limit)
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.

Center Medical Therapy MNM Total
Chino Hills 3 5 14 22
Colton 1 2 7 10
Irwindale 2 4 10 16
Irwindale Arrow 5 5 25 35
Moreno Valley-Perris 2 2 11 15
Murrieta 2 3 13 18
Ontario Milliken 2 2 11 15
Ontario Airport 1 1 7 9
Ontario Grove 3 4 13 20
Pomona 2 4 9 15
Rancho Cucamonga 5 9 29 43
Riverside Chicago 2 3 8 13
Riverside West March 1 1 7 9
San Bernardino Inland Center 5 6 25 36
San Bernardino Camino Real 2 3 11 16
(ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.

Key Principal Contacts Cell Phone E-mail
Sabrina S. Linnemann Vice President
Operations – Pacific 949-779-0273 [email protected] Keith Wresch, MD
Director of Medical
Operations
Inland Empire & Fresno
909.481.7345 [email protected]
Drashti Desai, MPT
Director of Clinical
Services
Inland Empire & Fresno
909.270.0478 [email protected]
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City of San Bernardino ♦ RFP F-23-01A
Pre-Employment Screening Services
October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 7 (iii) Describe proposed team organization, including identification and responsibilities of key personnel. Please include one-page resumes.

Program Organizational Chart
Solicitation
Management
Program
Oversight
Program
Delivery
Resumes
We have included personnel resumes in Attachment A: Key Employee Qualifications. (iv) Provide brief biographies of individuals that shall be working directly with the City.

Sabrina S. Linnemann, Vice President Operations – Pacific Sabrina has over 30 years in the medical industry and comes with a system driving logic to the Operations Team at Concentra. The goal is not only to bring a systematic workflow the centers but to also empower clinic colleagues to be the very best at what they do. And to treat each patient as an individual.

Education
• Executive MBA Candidate – Pepperdine University (coursework completed) • Bachelor of Science in Health Systems Management: Chapman University Drashti Desai, Director of Clinical Services
Drashti has over 18 years working in the clinics for Concentra. She brings the Therapy departments into a full recovery center for the patient. Not only with her expertise on the body mechanics but by motivating her clinic directors to care for each patient. Reminding them that the patient recovery is in part mental as well as physical.

Education
• Advanced master’s in physical therapy: Loma Linda University, California. GPA: 4.0/4.0 • Bachelor’s in physical therapy: Gujarat University, Ahmedabad, India. GPA: 4.0/4.0 • First Year Bachelor of Arts: Gujarat University, Ahmedabad, India GPA: 3.9/4.0 Dr. Wresch, Director of Medical Operations
Dr. Wresch has over 20 years of medical experience and has worked in many of Concentra busiest clinics in the country. His bedside manner is personable and very informative to the patient. He explains what the process is to the patient and provides them with a top-tier patient experience.

Education
• Doctor of Medicine: Loma Linda University, California. b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time.

Joseph Moritz
Senior Acct. Manager
Program Management Medical Oversight Therapy Oversight
Sabrina S. Linnemann
Vice President
Operations, Pacific
Keith Wresch, MD
Director of Medical
Drashti Desai, MPT
Director of Clinical
Services
Administration Medical Services Therapy Services
Medical Assistants
Medical Support Specialists
Patient Service Specialists
Physicians
Physician Assistants
Registered Nurses
Physical Therapists
Athletic Trainers
Initial
Point of
Contact
Program
Leadership
Service
Team
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City of San Bernardino ♦ RFP F-23-01A
Pre-Employment Screening Services
October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 8 Concentra would perform the scope of services using in-house resources. We would not utilize subcontractors.

We would communicate to the primary point of contact at the City, if any alterations to standard operating procedures would occur or be made that affect the scope of work.

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City of San Bernardino ♦ RFP F-23-01A
Pre-Employment Screening Services
October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 9

5. Experience and Technical Competence (10-page limit)
a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.

Clinical Experience
The City has unique service specifications and Concentra can deliver customized clinical solutions to help you achieve your program goals and objectives. We treat one in every five work-related injuries/illnesses, more than 18 million since 1979. We maintain policies and procedures to ensure ongoing compliance with standard regulating bodies, including the Occupational Safety and Health Administration (OSHA), the U.S. Department of Transportation (DOT), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the National Fire Protection Association (NFPA), police officer standards, and many others. Our approach successfully combines evidence-based medicine with our clinical expertise and superior service discipline to deliver convenient access to quality care and measurable cost savings.

We maintain written guidelines on all relevant regulatory standards and create client-specific service packages tailored to meet the unique needs of each client’s program requirements. Furthermore, we assure that only qualified individuals perform the requested services, in accordance with all local, state, and federal guidelines.

Department of Transportation Experience
Annually, Concentra performs more than 800,000 DOT examinations, making us the nation’s largest provider of screening services for drivers of commercial motor vehicles. We provide DOT physical examinations for employers who operate in various industries, including:
▪ Aviation (FAA)
▪ Trucking (FMCSA)
▪ Railways (FRA)
▪ Public Transit (FTA)
▪ Maritime (MARAD)
▪ Pipelines and Hazmat (PHMSA), and more
(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.

Staff Experience
As the incumbent provider for services, we greatly value our relationship with City of San Bernardino.

We are committed to providing you with excellent service and will continue to make best efforts to notify the employer of key personnel changes.

Sabrina S. Linnemann, Vice President Operations – Pacific Sabrina has over 30 years in the medical industry and comes with a system driving logic to the Operations Team at Concentra.

Credentials
▪ 9 years with Concentra
▪ 30 years of experience
▪ Certification 9/1/2021 Stanford
University, Graduate School of
Business, Leading Through Personal
Excellence Executive MBA
Candidate – Pepperdine University
(coursework completed) BS in Health
Systems Management – Chapman
University
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City of San Bernardino ♦ RFP F-23-01A
Pre-Employment Screening Services
October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 10 Drashti Desai, Director of Clinical Services
Drashti has over 18 years working in the clinics for Concentra. She brings the Therapy departments into a full recovery center for the patient.

Dr. Wresch, Director of Medical Operations
Dr. Wresch has over 20 years of medical experience and has worked in many of Concentra busiest clinics in the country.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of Services for public clients.

Concentra has been performing physical examinations, conducting drug and alcohol testing, and administering immunizations and vaccinations since our inception more than four decades ago. (iv) Provide three (3) references regarding the Proposer’s experience and performance performing similar services. Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2) project size and description, if applicable, and description of services.

Concentra offers the following other employer references for the City’s review. We encourage the City to contact these entities as they can attest to our ability to perform health care services similar to those requested as part of the City’s program. We perform the required services per each employer’s specifications and in full compliance with all regulatory guidelines.

References
Employer 1 County of San Diego
Address 5530 Overland Ave. Ste. 210
City, State, & Zip San Diego, Ca. 92123
Contact Info Prefer email: [email protected] Name & Title Suzann Charney (Engagement is Employer Services and Injury) Employer 2 City of Menifee
Address 29844 Haun Road
City, State, & Zip Menifee, Ca. 92586
Contact Info/email Prefer email: [email protected] Name & Title Robert Cardenas, Deputy Human Resources Director Employer 3 City of Rancho Cucamonga
Credentials
▪ 18 years with Concentra
▪ 18 years of experience
▪ Advanced master’s in physical
therapy: Loma Linda University,
California. GPA: 4.0/4.0
▪ Bachelor’s in physical therapy:

Gujarat University, Ahmedabad,
India. GPA: 4.0/4.0
▪ First Year Bachelor of Arts: Gujarat
University, Ahmedabad, India GPA:

3.9/4.0
Credentials
▪ 10 years with Concentra
▪ 20 years of experience
▪ Loma Linda University School of
Medicine-
▪ Intern in Obstetrics and GynecologyLoma Linda University ▪ Resident in General Surgery -Loma
Linda University Medical Center
▪ Undergraduate Education:
▪ Walla Walla University
▪ BA degrees in Spanish and Religion,
and a minor in Chemistry
Packet Pg. 1030
City of San Bernardino ♦ RFP F-23-01A
Pre-Employment Screening Services
October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 11 Address 10500 Civic Center Dr.

City, State, & Zip Rancho Cucamonga, Ca. 91730
Contact Info Prefer email: [email protected]
Name & Title Claudia Nunez, ARM Senior Risk Management Analyst (v) Describe the Proposer’s local experience and knowledge of City.

Local Experience
Fox Medical Clinic opened its doors on May 4, 1996 and has been treating the City ever since that time. August 2021, Concentra acquired the Fox Medical Clinic and provided an extension of the existing contract the center had with the City of San Bernardino. The clinic has been performing services since the acquisition. Whereas Dr.

Fox has continued the practice under the new name as the Concentra San Bernardino Camino Real center and the subsequent staff have remained in place. Concentra also offers the network of nearby centers to perform the same services and has honored the legacy pricing model for the City. b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include:
(a) Role of the firm
(b) Dollar value of the services
(c) Dollar value of the fee
(d) Description of services
(e) Staffing
(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone number, fax number and e-mail address for each project.

Project Specific Experience Response
(a) Role of the firm Department of Transportation Drug and Alcohol Testing (b) Dollar value of the services $184,000
(c) Dollar value of the fee Concentra offer per component pricing with no additional fees for service.
(d) Description of service Pre-Employment Drug Test; Post-Accident Drug & Alcohol Test; Reasonable Suspicion Drug & Alcohol Test; Random Drug Test; Random Drug & Alcohol (BAT); Non-DOT Drug Test Only; Non-DOT Alcohol Test Only
(e) Staffing San BernardinoInland Ctr.
# of Support Staff: 36
(24/7) 12:00 am - 12:00 am (All Holidays)
Email: [email protected]
Concentra carefully considers each project and its unique goals when assigning an account management team. We take a collaborative approach that combines local operational and clinical support to ensure quality and service excellence. The individuals we select bring valuable, relevant experience to the program and provide ongoing support within their respective areas of expertise.
(f) Duration of providing services 5-year term
(g) Relationship to client Contracted Collection Center (h) Contact name, position, entity
name, telephone number, fax number
and e-mail address for each project.

Contract Administrator:

Name: Nicole Jews
Title: Contract Administrator
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City of San Bernardino ♦ RFP F-23-01A
Pre-Employment Screening Services
October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 12 Project Specific Experience Response
(a) Role of the firm PRE-EMPLOYMENT SCREENING SERVICES
(b) Dollar value of the services $150,000
(c) Dollar value of the fee Concentra offer per component pricing with no additional fees for service.
(d) Description of service HPE Level 2; Pre-employment Physical; Rapid mCup-10 panel urine drug-screen; Hair-sample collection & Workers Compensation. (e) Staffing Rancho Cucamonga
# of Support Staff: 43
(24/7) 12:00 am - 12:00 am (All Holidays)
Email: [email protected]
Concentra carefully considers each project and its unique goals when assigning an account management team. We take a collaborative approach that combines local operational and clinical support to ensure quality and service excellence. The individuals we select bring valuable, relevant experience to the program and provide ongoing support within their respective areas of expertise.
(f) Duration of providing services Annual with auto-renew (g) Relationship to client Contracted Clinic and strategic partner (h) Contact name, position, entity
name, telephone number, fax number
and e-mail address for each project.

Vanessa Rodriguez
Human Resources Generalist I
Inland Empire Health Plan
[email protected]
10801 Sixth Street
Rancho Cucamonga, CA 91730
Project Specific Experience Response
(a) Role of the firm Contracted Center for Employer Services and Workmen’s Compensation
(b) Dollar value of the services $650,000
(c) Dollar value of the fee Concentra offer per component pricing with no additional fees for service.
(d) Description of service TB Skin Test; Fitness for Duty Physical-Level 2 Physical-level 2; Physical-PrePlacement (New Hire evaluation; - review of forms, immunization records; history, snellen eye exam, ishihara, whisper test, bp, ht, weight ; and BP) U/A dipstick
Ishihara Test Book; Non Regulated UDS 10 Panel PrePlacement (e) Staffing Irwindale Arrow Hwy
# of Support Staff: 35
Telephone: (909) 379-7202
Email: [email protected]
Omnitrans
1700 West Fifth Street
San Bernardino, CA 92411
Packet Pg. 1032
City of San Bernardino ♦ RFP F-23-01A
Pre-Employment Screening Services
October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 13 (24/7) 12:00 am - 12:00 am (All Holidays)
Email: [email protected]
Concentra carefully considers each project and its unique goals when assigning an account management team. We take a collaborative approach that combines local operational and clinical support to ensure quality and service excellence. The individuals we select bring valuable, relevant experience to the program and provide ongoing support within their respective areas of expertise.
(f) Duration of providing services 3 years
(g) Relationship to client Contracted clinic and strategic partner (h) Contact name, position, entity name,
telephone number, fax number and email address for each project.

Gloria Moran, Executive Assistant to:

Tyler Seto, MD, Vice President of Enterprise, Quality & Pt Safety -City of Hope
[email protected]
City of Hope – Duarte Campus / Flash Bldg. 2nd Flr., Room 2216 1500 E. Duarte Road; Duarte, Ca. 91010
(ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional services agreement once selected. (b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal or local agency. (e) Involvement in litigation, arbitration or mediation. Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or professional services performance. Knowing concealment of any deficiency in the performance of a prior contract. (f) Falsification of information or submission of deceptive or fraudulent statements in connection with a contract. (g) Willful disregard for applicable rules, laws or regulations.

Information regarding any of the above may, at the sole discretion of the City, be deemed to indicate an unsatisfactory record of performance.

Concentra affirms that none of the violations listed above has occurred that would directly affect the contractual relationship between Concentra and the City.
c. Technical Competence
(i) Description of in-house resources (i.e., computer capabilities, software applications, modem protocol, modeling programs, etc.) All Concentra medical centers maintain the essential staffing resources, required equipment, and licensed and credentialed clinicians to perform your requested scope of services.

Technology
Allscripts TouchWorks® Electronic Health Record (EMR) enables our clinicians to access patient records from any Concentra medical center, onsite clinic, Concentra Telemed, or Concentra TeleRehab site in the country. Our EMR integrates with practice management systems and supports continuity of patient care and an exceptional customer experience. Allscripts provides:
▪ Computerized order entry and management with electronic integration with laboratory and X-ray vendors ▪ Supports both onsite dispensing and pharmacy e-prescribing ▪ Customized clinical documentation templates to support clinical operations ▪ Best practice, evidence based, diagnosis specific care guides ▪ Integrated tasking and communication function
Allscripts supports all clinical operations, improves clinical quality, and streamlines the information exchange process to afford our clinicians the ability to quickly and accurately communicate information to the City and your employees. The system also provides data-driven insights, allowing us to apply population management principles for measurable trend management. Our ability to capture member data in real time from multiple Packet Pg. 1033
City of San Bernardino ♦ RFP F-23-01A
Pre-Employment Screening Services
October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 14 sources helps us learn the health and social behavior patterns unique to each individual and the City’s population in the aggregate.

The following illustration depicts the various features of an APM/TouchWorks technology solution:

Concentra HUB & Treatment Authorizations
Concentra offers a self-service, online tool for the City’s convenient access to account information, test results, and reporting. The Concentra HUB uses advanced security software to ensure privacy and the protection of employee information.
▪ Online account management
 Access to make edits to your company and location addresses and contacts  View capabilities of all service packages, components, and payors, third-party administrators, and medical review officers
▪ Timely updates to your employees' non-injury and injury visit results and work restrictions  Full integration of existing employer reports for easy access  Export and print functionality for all accessible reports  Archive and search functions for stored reports provided ▪ Ability to create, manage, and review employee authorizations online  Electronic creation and transmission of authorization and associated forms  Saving the authorization sends it to Concentra automatically; no need for employee to bring form  Option to print and email authorization to employee is available, but not required  Search and archive functions
▪ Enhanced security features protect your information
 Access control
 Database monitoring
▪ Malware and virus protection
▪ Intrusion detection and prevention
(ii) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.

Center Staff
Concentra employs skilled and experienced health care professionals to deliver services relevant to our offering.

Center staff includes an appropriate combination of physicians, mid-levels, nurses, physical therapists, radiology technicians, and medical assistants.

Clinical Professionals
Concentra utilizes qualified and appropriately licensed and credentialed clinical professionals to serve the occupational health needs of a client's workforce. These professionals are skilled in their respective areas of expertise and undergo extensive annual training in addition to continuing education classes. Furthermore, our Packet Pg. 1034
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October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 15 clinical professionals are vigilant in applying their knowledge to recognize and diagnose potential exposures and resulting health issues. They regularly monitor OSHA, DOT, NFPA, police officer standards, ADA, and other applicable federal and state regulations to ensure all associated services remain in compliance and adhere to best practice guidelines.

Support Staff
Concentra employs qualified support personnel whom we train and fully certify to perform their associated tasks.

Specifically, our center support staff includes drug specimen collectors certified to perform DOT collections, certified breath alcohol technicians, National Institute for Occupational Safety and Health (NIOSH)-certified pulmonary function testers, Council for Accreditation in Occupational Hearing Conservation (CAOHC)-certified personnel to perform audiometric testing, certified radiologic technologists, certified medical assistants, and certified phlebotomists.

Operational Oversight
The Center Operations Director would serve as the day-to-day contact for program operations. This individual regularly monitors processes and procedures to ensure ongoing compliance with applicable regulations and guidelines, as well as program specifications. The Center Operations Director (COD) is invaluable to the success of the program and is available to answer questions, address issues, and ensure the program continues to operate efficiently.
▪ Oversees day-to-day medical center operations
▪ Implements and ensures ongoing compliance with operational policies, procedures, and training programs within the center
▪ Manages patient care issues and other center issues requiring resolutions ▪ Establishes a clear understanding of contract objectives and deliverables to ensure successful execution of programs and projects
▪ Collaborates with center, area, and regional leadership teams to ensure we effectively deliver the stipulated scope of work, monitors program outcomes, and maintenances the employer account.

Medical Oversight
The Center Medical Director, would provide primary oversight for clinical practices, ensuring continued compliance. The Center Medical Director (CMD) ensures that medical interpretations and associated clearances comply with the most recent medical standards and guidelines and adhere to applicable regulations. The CMD’s expertise relevant to the desired scope of work is instrumental in the provision of services. ▪ Reviews medical history and performs medical physical examinations ▪ Reviews medical evaluations conducted by other center clinicians ▪ Understands all medical surveillance requirements of the Occupational Safety and Health Administration (OSHA), the U.S. Department of Transportation (DOT), the National Fire Protection Association (NFPA), police officer standards, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and other regulated examinations
▪ Reports the results of the medical evaluation to the employee, including any medical condition(s) identified during the evaluation
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6. Proposed Method to Accomplish the Work (5-page limit) Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

Concentra proposes that our center closest to the City is the San Bernardino Inland center, serve as the primary site for employees.

While the primary clinic is fully capable of providing all required services in one facility, all Concentra medical centers are available as convenience necessitates. All Concentra medical centers maintain the essential staffing resources, required equipment, and licensed and credentialed clinicians to perform your requested scope of services.

Facility Name Hours of Operation*
Chino Hills 8:00 am - 5:00 pm (Mon. - Fri.)
Colton 8:00 am - 5:00 pm (Mon. - Fri.)
Irwindale 8:00 am - 5:00 pm (Mon. - Fri.)
Irwindale Arrow Hwy (24/7)
Moreno Valley 8:00 am - 5:00 pm (Mon. - Fri.)
Murrieta 8:00 am - 5:00 pm (Mon. - Fri.)
Ontario 8:00 am - 5:00 pm (Mon. - Fri.)
Ontario Airport 8:00 am - 5:00 pm (Mon. - Fri.)
Ontario South 8:00 am - 5:00 pm (Mon. - Fri.)
Pomona 8:00 am - 5:00 pm (Mon. - Fri.)
Riverside Chicago Ave 8:00 am - 5:00 pm (Mon. - Fri.)
Riverside West March 8:00 am - 5:00 pm (Mon. - Fri.)
Rancho Cucamonga (24/7)
San Bernardino Camino Real 8:00 am - 5:00 pm (Mon. - Fri.) San Bernardino Inland Center (24/7)
*Please note that hours are subject to change.

Concentra Medical Center Facilities
Concentra medical centers offer a full complement of health care services including, but not limited to, substance abuse testing, physical examinations, clinical services, vaccinations, injury care, physical therapy, and wellness screenings. Our centers offer convenient weekday operational hours and many locations also offer evening and weekend hours.

We continually evaluate the layout of our centers to accommodate patient flow and volume. Therefore, the physical dimension, layout, and staffing of each center varies depending on the location and overall scope of services. Our centers average between 3,100 and 9,000 square feet in size. The centers maintain security services, and most offer free parking on the center property or adjacent to the center. All facilities are accessible (ADA-compliant) and conform to all applicable federal, state, and local safety and disability laws.

San Bernardino Inland Contact Information
Address:
599 Inland Center Drive
San Bernardino, Ca. 92408
T 909-889-2665  F 909-884-4114
Hours of Operation*:
24 Hours – 7 Days
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Physical Examinations
Concentra has comprehensive policies and procedures outlining examination requirements in accordance with DOT, OSHA, ADA, and general occupational health. We assure City that a trained and appropriately licensed medical professional would perform the required examinations and adhere to all applicable regulations and guidelines specific to the examination.

Medical and Work History Questionnaire
Prior to any physical examination, an employee completes a thorough medical history questionnaire that includes personal, occupational, family, and medication history. Our comprehensive medical and work history questionnaires ensure your employees are compliant with all federal, state, and local mandates specific to their job category.

After reviewing the questionnaire, Concentra’s clinician performs a comprehensive physical examination and reviews the questionnaire in conjunction with the employee’s test results to make the appropriate medical recommendations. Concentra immediately addresses any findings that pose immediate danger to the life or health of the employee.

FormFox Electronic Forms
Concentra uses the FormFox system to electronically capture the employee’s medical history and questionnaire.

The employee completes the form online before coming to the clinic/medical center, or upon arrival, thus ensuring legibility and completeness (the system prevents skipping sections).

For DOT physicals, if the driver is certified, the medical examiner's certificate (MEC) is provided in the center post-visit. All determinations are reported to the National Registry of Certified Medical Examiners (NRCME) per regulations.

Custom and Spanish Forms
Concentra has custom medical and work history questionnaires in both English and Spanish and can provide an array of comprehensive and mandated questionnaires necessary to maintain compliance.

Standard Examination Components
Concentra would provide physical examinations according to City’s requirements. However, it is customary for the standard examination to include the following components:
▪ Medical history
▪ Occupational history
▪ Vital signs
▪ Vision acuity (far distance)
▪ Examination of head, eyes, ears, nose, and throat
▪ Evaluation of the cardiovascular system
▪ Evaluation of the respiratory system
▪ Gastrointestinal examination
▪ Musculoskeletal examination
▪ Neurological evaluation
▪ Skin and lymphatic examination
We would also perform other ancillary testing as requested and/or indicated, upon City’s approval and consistent with evidence-based medical standards and regulatory requirements.

Pre-placement/Post-offer Physical Examinations
Concentra realizes that any medical examination must be “job-related and consistent with business necessity” (29 CFR 1630.14(b)). Pre-placement/post-offer physical examinations help ensure employees or prospective employees do not have a medical condition that:
▪ Prevents safe performance of the essential job duties ▪ Can be exacerbated by the job duties
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We summarize our capabilities to perform respirator medical clearance evaluations for an employer’s occupational health services program in the following table.

Component Details
OSHA Respirator
Medical Clearance
Evaluation
Questionnaire
Concentra uses the required OSHA Respirator Medical Clearance Evaluation Questionnaire (questionnaire) when rendering an evaluation. Concentra asks the employer to provide the following information:
• Type and weight of respirator to be worn
• Exposures encountered with respirator use
• Duration and frequency of respirator use
• Physical effort expected while wearing the respirator • Temperature and humidity extremes during wear
• Other personal protective equipment to be worn while wearing the respirator • Any subsequent medical information
If the employee provides a positive response to any of questions one through eight of the questionnaire, a follow-up exam and ancillary tests (such as spirometry, resting EKG, and CXR) may be required at the discretion of the evaluating clinician. The evaluating clinician reviews the responses, performs a focused physical exam, reviews any test results, then provides a written medical opinion to the employer regarding the employee’s ability to use the respirator.

Physical
Examination
A follow-up medical exam may be required based on questionnaire responses. The exam includes all components as applicable and medically appropriate. We conduct the evaluations in accordance with OSHA standards, as outlined in 29 CFR 1910.134.

Clinical Testing As appropriate, Concentra performs spirometry, Chest X-rays, and resting EKGs.

Fit Testing
(additional fee)
Concentra has comprehensive policies and procedures for training our medical support specialist on respirator fit testing in accordance with OSHA regulation 29 CFR 1910.134. We regularly provide qualitative fit testing at Concentra medical centers and perform quantitative fit testing at select locations.

DOT-Compliant Urine Drug Screens
Concentra conducts urine drug testing in full compliance with Department of Transportation (DOT) rule 49 CFR Part 40 (Procedures for Transportation Workplace Drug and Alcohol Testing) and adheres to all Substance Abuse and Mental Health Services Administration (SAMHSA) policies and procedures to ensure appropriate chain of custody. By following these procedures in both federal and non-federal testing, Concentra simplifies the collection process, offers the most defensible procedures for our collectors and clients, and provides the optimal level of confidentiality for the donors.

Laboratory Urine Drug Screening
Initial Screening Test
A high-sensitivity enzyme immunoassay (EIA) screens for the presence of commonly abused drugs. At this stage, test results equal to or greater than a calibrated immunoassay cutoff concentration identify presumptively positive specimens. Each batch contains both negative and positive quality control samples along with one blind quality control sample that is inserted into the batch in a random position.

Laboratory Urine Screen Confirmation Test
For specimens that do not screen negative initially, confirmatory drug testing is performed by gas chromatography/mass spectrometry (GC/MS), liquid chromatography/mass spectrometry (LC/MS), or any other technique recognized by the U.S. Department of Health and Human Services (DHHS) and Substance Abuse and Mental Health Services Administration (SAMHSA).

The concentration of drug or drug metabolite in each donor specimen is determined by comparison of the response of the specimen to the response of calibrators of known concentration. As with the screening test, each batch contains both negative and positive quality control samples along with one blind quality control sample that is inserted into the batch in a random position. If required, confirmation testing for specimen validity is performed by the same or, if available, a second definitive method that can be utilized to identify specimens as adulterated, Packet Pg. 1038
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▪ If a donor specimen has a concentration of drug that is less than the employer-specific cutoff, the specimen is determined to be negative for the confirmation test.
▪ If a donor specimen has a concentration of drug that is greater than or equal to the employer-specific cutoff, the specimen is determined to be positive for the specific test.

Laboratory positives are transmitted to the Medical Review Officer (MRO.) The MRO gathers all test data, interviews the donor, and confirms the result as positive or negative. The result is posted only after MRO verification.

Medical Review Officer (MRO) Services
When the laboratory confirms a non-negative result, Concentra enlists a Medical Review Officer (MRO) through our preferred vendor for review of the result. An MRO assistant ensures the MRO copy and the laboratory copy of the chain of custody and control form (CCF) are transmitted timely, as the MRO does not initiate a donor interview until receiving the MRO copy of the CCF and does not transmit verified results until receiving the laboratory copy.

If the MRO is unable to obtain either copy, the MRO reports a “canceled” test.

The MRO makes three or more attempts in a three-day period to reach the donor (barring unforeseen circumstances, such as donor’s phone disconnected). The MRO interviews the donor to determine if there is a legitimate medical explanation for the non-negative result. The MRO can ask medically related questions (which the donor’s employer cannot ask under the Americans with Disabilities Act) to validate or invalidate a nonnegative laboratory result.

Clinical Screenings
A range of clinical screening services are offered at Concentra centers. We perform screenings on equipment that has been thoroughly examined and calibrated so that results are as timely and accurate as possible. Some services listed below may not be available at all onsites, and can be customized as determined by the employer.

The following table summarizes our clinical screening capabilities:

Type of Test Details
Audiometric
Screening
All audiometric screening conforms to the Occupational Safety and Health Administration (OSHA) standard 29 CFR 1910.95. We have Council for Accreditation in Occupational Hearing Conservation (CAOHC)-certified technicians to perform the tests, and we would provide all certifications upon request. Concentra’s services specific to audiometric screening include:
▪ Audiometers that pause screening if ambient sound levels temporarily exceed OSHA levels ▪ Immediate Standard Threshold Shift (STS) identification and retest capability ▪ CAOHC-certified hearing specialists
▪ Acoustic Systems audio booth professionally designed and installed in each clinic ▪ Daily equipment calibration
▪ Microprocessor audiometers
Please note: Concentra cannot test hearing in people who wear hearing aids as this requires specialized equipment. People with hearing aids need to be tested by an audiologist and then submit the results.

EKG (resting) Concentra performs a 12-lead EKG that measures the electrical activity of the heart, read by a center clinician.

Pulmonary
Function
Testing
A technician performs all pulmonary function testing that allows real-time graphic and numeric data to verify the test validity. Data returns of VC, FEVI, PEFR, FEF 25 percent-75 percent, and FEVI/FVC are required.

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Vision A trained technician performs a vision test that meets OSHA standards for visual acuity. The technician screens for visual acuity with corrective lenses, lateral and vertical phorias, stereo depth perception, and color discrimination.

For visual acuity testing, we utilize the Snellen chart for distance vision, and the Ishihara book to assess color vision.

Vitals A trained technician records resting pulse rates and blood pressure using a hospital grade sphygmomanometer and stethoscope. Any person who does not meet normal pulse rate or blood pressure criteria is re-tested.

X-rays All posterior-anterior X-rays are performed by registered X-ray technicians and certified B-readers review selected chest X-rays in accordance with OSHA regulations.

Administrative and Support Services
Record Retention Policy and Ownership
Our record retention policy is in accordance with the HIPAA Record Retention regulations of six years and as contractually agreed upon for any extended time period after six years. Upon contract termination, the records would belong to the City to the extent allowed by applicable law. While the City would provide physical storage for the medical records, Concentra’s systems that are leveraged to provide services would also store medical records within their secured databases, which are logically segmented from other customer databases and are within encrypted daily, weekly, and annual backups. Additionally, the APM/Touchworks system would store the City’s data within their SOC 2 audited data centers.

Concentra would provide copies of medical records to any third-party requestor (with the appropriate executed release from the employee/patient, court order, or business affidavit, as applicable). The City would be able to access patient medical records to the extent allowed by law.

Transfer of medical records
Concentra works with employers to ensure that appropriate record transfer, both electronic and physical, occurs at the conclusion of a contract for services. The nature of the records to be maintained by the City upon contract termination would be dependent upon the final scope of the services provided. Concentra utilizes medical record custodial agreements to delineate the responsibilities of whatever party ultimately retains records created pursuant to the services rendered – whether it is the City, Concentra, or a third-party successor to the contract.

Concentra has a standard format by which the records would be transferred electronically.

Appointment Scheduling
Concentra would provide the City's employees with prompt service. Although our medical centers are primarily “first come, first serve,” Concentra can accommodate scheduled appointments if requested, with 24 hours’ advance notice. In addition, our medical centers implement “fast track” drug/alcohol testing services where employees experience a 30-minute-or-less wait time for drug specimen collection and/or breath alcohol testing.

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8. Insurance (4-page limit)
See the Agreement, attached hereto as Exhibit “B”, for a description of the insurance requirements.

Our Legal and Risk Departments reviewed the terms, conditions, and insurance requirements and made minor modifications to the language. We include these suggested revisions on the following pages. If Concentra is the successful bidder, we desire to engage in open dialogue with City, review the proposed modifications, and ultimately create an agreement that not only outlines the schedule of services, but also protects the business interests of both City and Concentra.

We provide the certificate of insurance immediately following.

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9. Litigation (3-page limit)
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years.

Concentra is subject to certain legal proceedings, inquiries, claims, and disputes that arise from time to time in the ordinary course of business. Such claims and legal proceedings include employment matters, contractual issues, workers’ compensation, professional liability, and general liability matters. Concentra employs various risk transfer methodologies to cover its exposure to risk, including various self-insured programs and high deductible programs. Concentra establishes reserves for its liabilities under those programs based on actuarial analysis that includes the elements of severity, frequency, and jurisdiction, with input from Concentra’s legal representatives responsible for the defense of such claims. Concentra believes that its insurance coverage and the reserves established for its claims are sufficient for its operations. Concentra does not believe these legal proceedings or actions, individually or in the aggregate, will have a material adverse effect on our financial position, results of operations, or liquidity.

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10. Other Information (2-page limit)
This section shall contain all other pertinent information regarding the following:
a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.

Concentra has weekly team huddles to review progress and adjust staffing to maintain services goals. We measure our total time in center for each patient daily and adjust staffing and flow to ensure positive patient experiences. Concentra also provides frequent and ongoing training to all operators and clinicians to ensure we maintain a high level of skill and acumen for all services offered. We currently contract with multiple municipalities across the State of California, delivering the highest standard of medical care within their proposed budget.

References are provided of similar contracts and the scope of services offered, as examples of our ability to deliver quality service, efficient staffing and effective project management within a designated budget. b. Description of community involvement.

Concentra has developed and implemented measures to ensure our Concentra medical centers are appropriately responding to the COVID-19 pandemic. We are staffed and continue to treat injured and ill employees but with heightened awareness that we will encounter patients potentially infected with COVID-19. We want to assure the City that we are taking all possible precautions to ensure the health and safety of all employees, their co-workers, families 2021 Health & Lifestyle Exhibition Hosted by the City
of San Bernardino
Concentra participated as an exhibitor and donated prizes for the raffle.
3 rd VP Position in Country Springs Elementary School, Chino Hills, California Served the PTA board for 3 consecutive years from 2012 thru 2015 and organized the spring fundraiser, raising almost $ 20,000 for the school by leading fundraising activities like Jogathon, Casino Night, Mother/Son, and Father/ Daughter Dance.
c. Description of any previous involvement with the City.

In August 2021, Concentra acquired the Fox Medical Clinic and provided an extension of the existing contract the center had with the City of San Bernardino. The clinic has been performing services since the acquisition.

Dr. Fox has continued the practice under the new name as the Concentra San Bernardino Camino Real center and the subsequent staff has remained in place. Now as a part of the Concentra network, the City is able to utilize our nearby and local medical centers and we have honored the legacy pricing model for the City. d. A statement that the Proposer has not conflicts of interest in connection with providing the Services.

Concentra is unaware of any conflicts of interest in providing services to the City.

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11. Certification of Proposal
This section shall state:
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.” The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP, unless otherwise stated in Concentra’s exceptions.

Kathy T. Le, MD, MPH
President and Treasurer
Occupational Health Centers of California, a Medical Corporation dba Concentra Medical Centers We provide the City’s Bid Acknowledgement form immediately following.

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12. Appendices (5-page limit)
In this section, Concentra includes the following information for the City’s review:
▪ Attachment A: Key Employee Qualifications
▪ Attachment B: Legal Documents
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Required Forms and Documents
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Joseph Moritz
Linkedin.com/in/Joseph-Moritz |[email protected]|760-212-5910 | [email protected] Qualification
Self-motivated leadership for over 20 years with proven success for both cultural and quota metric driven enterprise goals. Possess positive energy and solutions-based problem-solving skills for team growth.

Relevant Experience
Concentra, Murrieta, Ca. 2014-Present
Sr. Key Accounts Manager, Director Inland Empire
• Maintained Goal year over year, Managing a portfolio of $23.8 million current YTD 110.11%. • Manage relationships between Workers Compensation Claims Managers and Employer contacts at Amazon, UPS, County of Riverside, County of San Bernardino, Keenan, AdminSure, and Sedgwick. • Maintained Goal year over year, for 5 years, while still focusing growth on home clinics of operation. • Brought in $3,394,662 of new business revenue in 2018. Developed cohesive working relationships with both Center Ops. Dir. and Clinicians and cultivated solid synergy with Regional Leadership Team.

Meritus Corp., Irvine, Ca. 2012-2014
Major Account Executive
• Cultivated relationships with clients over $1 million per month in revenue. • Worked in person, phone, & would Video Conference around the world. • Won the 2013 Operations Commitment to Excellence Award, employee of the year.

SuperMedia LLC, Ontario, Ca. 2009-2012
Account Executive
• Golden Eagle award winner 26 consecutive pay periods of positive same store growth. • Navy Seal Mentor award, cultivated, new Reps to successfully achieve over-budget status. • Sales-management training program. Personally mentored & groomed by VP West Coast Sales.

Y.R.C. Roadway Inc., Long Beach, Ca. 2006-2009
Senior Account Executive
• Cultivated a portfolio of 150+ clients maintaining 102% growth during a market recession.

Consultant, Ontario, Ca. 2002-2006
Director of Sales
• I hired/fired, trained and cultivated Acct. Executives for portfolio growth as well as new sales.

ECOLAB, Inc., Industry, Ca. 1999-2002
Senior Account Executive
• Assisted the Sales Manager by interviewing candidates for hire and creating marketing strategies. • Launched a successful corp. campaign to Stater Bros. Markets Corp. chain, worth $285k. • Sold and managed the Chain Account: The Coffee Bean and Tea Leaf worth over $100k. • As part of a National Government Bid Team sold and managed The Chino Prison worth $100k.

Education
Franklin Covey Seminar, Business Organization and Team Relationships.

University of San Francisco, Advanced Social Media Marketing Almeda University: Bachelor of Arts, Business Management 6/2006 Packet Pg. 1047
Sabrina Linnemann Dana Point, CA | [email protected] | 949.779.0273

HEALTHCARE OPERATIONS EXECUTIVE
Operations and Network Management Executive with expertise in managing high-volume, multi-site physician practice networks and ambulatory clinics for some of the largest healthcare organizations in the country. • Streamlined operations to position healthcare organizations for significant growth • Orchestrated relocation and renovation of clinics and start-up of innovative employer worksite clinics • Implemented best practices that improved customer service metrics

KEY STRENGTHS
■ Healthcare Operations Leadership ■ Strategic Planning & Execution ■ Policy & Regulatory Compliance ■ Business Partner Management ■ Managed Care Expertise ■ Workflow and Process Analysis ■ Business & Market Development ■ Clinical Operations ■ Physician Recruitment & Retention ■ Talent Development ■ P&L and Cost Management ■ Customer Experience

EXECUTIVE CONTRIBUTIONS
CONCENTRA – SOUTHERN CALIFORNIA 2021 – PRESENT
VICE PRESIDENT, OPERATIONS – PACIFIC
SURGICAL CARE AFFILIATES (SCA), AN OPTUM COMPANY 2019 – 2021 Surgical Care Affiliates is Optum’s ambulatory surgical care company, specializing in providing expertise in the management of ASCs, in addition to providing physicians and patients with superior outcomes and experience through the broad array of services provided.

Regional Vice President, Operations - Los Angeles/Inland Empire Recruited to bring two challenging regions together to create a cohesive team culture, develop streamlined and consistent processes across the regions to support growth and expansion in two key regions for the business.

Leveraged broad healthcare and market knowledge, in addition to key physician and system relationships to align resources to drive mutual growth and opportunities to all stakeholders. Create alignment of resources and build relationships with internal support teams to enhance the value SCA brings to our patients and physician-partners. ⧫ Operations: Operational oversight of eight, multi-specialty ambulatory surgery centers of $100MM and 45K cases annualized and 300+ FT/PT teammates. Combined two regions in turmoil together to create a streamlined approach to execute on operational objectives and KPIs. Developed strong team culture amongst both regions where none existed. Identified opportunity to standardize, train and reduce expenses of the purchasing teams by creating a Regional Purchaser’s Champion that is now considered for replication in other regions. Successfully navigated patient care and implementation of significant new policies through the pandemic and ensure 100% compliance with regulatory requirements, passing all CDPH inspections and with no outbreaks in centers.
⧫ Growth: Completed a syndication of ten new physicians into a surgery center which has led to double the revenue year over year, during a pandemic. Completing a successful syndication of seven individual and three key strategic group partners into a center to be completed in 2021. Two struggling new acquisitions that I took over when coming into my role now have the highest case volumes exceeding budget and during a pandemic. Rollout of Total Joint program in four ASCs and Cardiovascular program in four ASCs in ’20-’21. ⧫ Strategy and Market Development: Leading the relationship building with key Optum medical groups in the regions I serve to focus on high acuity migration of cases into the ASC in order to reduce MedEx for groups, increase revenue/acuity in our ASCs and increase physician and patient experience. Developing relationships in both regions with health systems where no relationship had existed and currently exploring opportunities to partner with those systems in JV activities.

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⧫ Customer Experience: Focused efforts to rebuild SCA’s reputation amongst our partners to ensure they have a full appreciation of what we bring to our partnership relationships. Focused on building relationships with key specialists and specialty groups that included bringing them into our partnerships and enhancing their relationships with our Optum medical groups. Managing the patient experience during the pandemic when no visitors were allowed and the implementation of safety practices has made this area challenging, however we have implemented various tools and scripting within each facility to focus on getting patient response rates at or above benchmark and each center has an action plan in place to address opportunities. ⧫ Compliance: All facilities are either JCAHO or AAAHC accredited and several have gone through surveys during 2020 - 2021. All facilities are fully accredited and all passed visits by CDPH during the pandemic in assuring that all safety practices mandated were being adhered to. Focus was made on ensuring that all teammates and operational leaders are fully compliant with all training requirements and audits.

REGAL MEDICAL GROUP – Southern California 2015 – 2019
Regal Medical Group is one of Southern California’s leading and largest full-risk IPA/medical groups. Regal Medical Group and its affiliates has earned a CMS quality STAR rating of 4.5+, cares for 500,000+ managed care lives, and has a network of over 3000 primary care physicians and 7000+ specialists.

Vice President, Network Management
Recruited as senior executive to streamline workflow and position organization to meet corporate targets.

Leveraged understanding of health plans, managed care, and government healthcare programs. ⧫ Operations: Developed and implemented Standard Operating Procedures (SOPs) and Policies and Procedures for Physician Network to ensure sustainable growth across all lines of business. Increased efficiency, productivity, and created standardization by identifying opportunities for improvement. ⧫ Network Growth: Achieved and/or exceeded growth targets for all lines of business to include Senior, Commercial/Employer Group, Exchange, Medi-Cal and Medi-Medi by focusing on network development, enrollment growth, and physician recruitment.
⧫ Performance Management: Increased productivity by developing talent internally, restructuring teams, and establishing accountability measures.
⧫ Strategy and Market Development: Identified and executed on specific strategies to expand network based on market conditions and business partnerships. Development of strategic initiatives to drive growth and create disruption amongst competitor networks within the marketplace. ⧫ Customer Experience: Design and implement processes to improve customer experience and promote brand within physician network to drive growth of physician network and enrollment in all lines of business. ⧫ Compliance: Implemented processes and established standards to ensure 100% compliance with health plan and regulatory requirements within physician network.

CONCENTRA – Ontario, CA 2007 – 2015
Director of Operations, Southern California and Hawaii (2012 – 2015) | 11 clinics, 60 physicians, 150+ employees Promoted to lead a major market for Concentra, the nationwide leader in occupational healthcare and urgent care services with $1B in annual revenue. Achieved goals through standardizing business operations and taking action in the areas of financial management, talent development, performance management, facilities improvement, client relationship management, customer service, regulatory compliance, and strategic planning. ⧫ Network Growth: Launched and operated several work site health clinics for major Southern California companies. Improved profit for $45M market (1,600+ patients daily), meeting all operating expense targets. ⧫ Operations: Executed several major transactions, including relocation of two high-volume, 24-hour clinics, renovation of three clinics, and launch of an innovative employer worksite clinic. ⧫ Customer Relationships: Implemented best practices that improved customer service metrics across the board. Ranked #1 or #2 in the region consistently on measures for overall patient satisfaction and customer wait times.

Packet Pg. 1049
⧫ Process Improvement: Asked by top executives to standardize operations nationwide. Drove successful implementation of standardized procedures, EMR platform and pilot sites for innovative ambulatory clinic management software.
⧫ Talent Management: Optimized FTE efficiency and maintained lowest turnover in region.

CONCENTRA – California, Nevada, Arizona, Oregon, Hawaii Zone Director, Specialist Services (2007 – 2012) | 5 states, 25+ clinics, 80+ physicians Grew volume by improving operational oversight and focusing on development of physician specialty network in Western US. Created growth strategy that targeted high-quality specialists. Was responsible for operations and budget.
⧫ Operations: Doubled program revenue and increased gross revenue 10% per visit by implementing improvements in transcription management and charge entry processes. ⧫ Program Development: Increased internal capture rate of referrals from 38% to 65% in four years by expanding the program’s footprint and establishing a specialist program to broaden the scope of services offered. Doubled specialist panel in five years and grew to #1 ranking nationally for size and scope. ⧫ Network Growth: Aligned strategic plan with overall company strategy, monitored marketplace trends, gathered competitive and business intelligence, and recruited top-quality physicians. ⧫ Strategic Planning: Generated new revenue by expanding subspecialties and removing barriers to entry. ⧫ Marketing Strategy: Improved visibility by rolling out new branding campaign internally and externally; transitioned 25+ centers to new marketing collateral, logos, materials, and branding activities.

THE INSTITUTE FOR HAND AND MICROSURGERY – Santa Ana, CA 2003 – 2007 Director of Marketing and Special Projects
Aligned marketing and operations with expansion and growth strategy for the hand and upper extremity specialty physicians group. Focused on physician recruitment and relationship building with new hospitals, as well as fellowship program outreach, business development, market analysis, and partnership and provider management. ⧫ Network Management: Negotiated and completed 95% of private insurance and Medical Provider Network (California Workers’ Compensation) contracts for the practice, where none existed previously. ⧫ Operations: Expanded the company from one to five offices. ⧫ Marketing Strategy: Strengthened and solidified brand by creating all marketing collateral, including logo development, advertising, and marketing campaign management. ⧫ Government Healthcare Programs: Transitioned practice from 95% Lien Workers’ Compensation to 100% Authorized Workers’ Compensation in 12 months and instituted a diversified payer-mix strategy. ⧫ Customer Relationships / Metrics: Improved service delivery by creating a Patient Satisfaction Survey and utilizing data to track results.

PACIFIC MEDICAL CLINIC – Santa Ana, CA 1992 – 2003
Senior Administrator | Operations and Marketing
Built the occupational, industrial, and family medicine clinic from the ground up. Created the structure, workflow, policies and procedures, hired and trained personnel, identified the site, negotiated leases, and executed the complete build-out of operations.
⧫ Process Improvement: Created a Policy and Procedure Manual to fill process gaps and ensured 100% compliance with OSHA, Workers’ Compensation, and medical practice guidelines. ⧫ Marketing Strategy: Promoted and grew practice by partnering with marketing staff to develop marketing collateral tailored to client companies.

EDUCATION & CREDENTIALS
Certification 9/1/2021
Packet Pg. 1050
Stanford University, Graduate School of Business, Leading Through Personal Excellence Executive MBA Candidate – Pepperdine University (coursework completed) BS in Health Systems Management – Chapman University
Packet Pg. 1051
Keith Richard Wresch MD
Phone: 909-921-6327 Email: [email protected]
Experience:
2022 – Present Director of Medical Operations for the Inland Empire and Fresno 2019 – 2022 Center Medical Director Concentra Rancho Cucamonga 9405 Fairway View Place, Rancho Cucamonga, CA 91730
Medical Director Concentra Amazon ONT 2 Onsite
1910 East Central Avenue, San Bernardino, CA 92408
2017 – 2019 Center Medical Director Concentra San Bernardino 599 Inland Center Drive Suite 105, San Bernardino, CA 92408 2013 – 2017 Medical Director U.S. HealthWorks Ontario North 3200 Inland Empire Boulevard Suite 100, Ontario, CA 91764 2012 – 2013 Staff physician U.S. HealthWorks Chino
15302 El Prado Road, Chino, CA 91710
2011 – 2012 Physician working with Dr. Ralph Dean
91 East Grand Boulevard, Corona, CA 92879
2010 – 2012 Physician Canyon Lake Urgent Care
31740 Railroad Canyon Road Canyon Lake, CA 92587
2007 – 2010 Physician Alternative Care consultants
1733 North Palm Canyon Drive Suite B, Palm Springs, CA 92262 2005 – 2007 Physician Beaver Medical Group Urgent Care
7000 Boulder Avenue Highland, CA 92346
Education:

Graduate Education:
1998 – 2002 Loma Linda University School of Medicine- Graduated Class of 2002 2002 – 2003 Intern in Obstetrics and Gynecology- Loma Linda University 2002 – 2005 Resident in General Surgery -Loma Linda University Medical Center Undergraduate Education:
1993 – 1998 Walla Walla University
204 South College Avenue, College Place, WA 99324
Graduated in 1998 with BA degrees in Spanish and Religion, and a minor in Chemistry
Skills: Fluent in Spanish;
Have ‘California radiology supervisor and operator certificate’ Packet Pg. 1052
Drashti Desai
Chino Hills, CA
E-mail: [email protected]

EDUCATION
Advanced Masters in Physical Therapy
Loma Linda University, California. Completed June 2000. GPA: 4.0/4.0 Bachelors in Physical Therapy
Gujarat University, Ahmedabad, India.

Ranked 2nd position statewide in Bachelor’s program. Completed March 1997. GPA: 4.0/4.0 First Year Bachelor of Arts
Gujarat University, Ahmedabad, India. Completed April 1998. GPA: 3.9/4.0

WORK EXPERIENCE
➢ 11/15- Till Date Regional Therapy Director, Concentra Medical Centers, California.

Overseeing all Therapy related aspects for 11 centers in Inland Empire which includes Physical Therapy, Chiropractic, Acupuncture, Physical Abilities testing and Occupational Therapy. Initiated and developed Ergonomics and Work Conditioning, Service lines. Leading a team of about 40 associates with tasks including vacation coverages, schedule management, staffing, progressive discipline, standardization of systems and continuous coaching and mentoring of the associates to help them grow in their roles. Working very closely with the Regional Medical, Sales and Operations Team.
➢ 03/04- 11/15 Physical Therapist, US Healthworks, California.

Worked as the supervising physical Therapist at the Chino location until August 2011, and currently supporting Pomona, Ontario North and Chino as a Per Diem Therapist. At the chino location, led all aspects of operations, including the development of people putting customer service at the top priority. Restructured scheduling to minimize wait times and optimize quality of care, created spreadsheets to track productivity, authorizations, referrals that were sent after hours, due date for re-evaluations and PPE’s. Carefully reviewed employer case instructions for each employee for line of treatment and developed PAT’s for various accounts based on their job description and requirements. Performed weekly financial analysis in AS 400 to evaluate the clinic outcomes in terms of Visits, ARPV, Pt/First visit ratios, missed and no show appointments, projected revenue and amounts reimbursed for past patients to identify areas of deficit and potential for growth. Periodically evaluated the cost of staffing and temp labor to formulate a plan of action based on the budgeted goals and clearly communicated the expectations and action from time to time to the medical providers, center manager and therapy staff via monthly triads or informal meetings as demanded by the situation to maximize clinic’s financial and clinical performance.

VOLUNTARY ACTIVITIES
➢ 3
rd VP Position in Country Springs Elementary School, Chino Hills, California Served the PTA board for 3 consecutive years from 2012 thru 2015 and organized the spring fundraiser, raising almost $ 20,000 for the school by leading fundraising activities like Jogathon, Casino Night, Mother/Son, and Father/ Daughter Dance.
➢ Lead for Indian Community Dance Festival organized by DEVIS Group Structured, organized and delegated various aspects of this huge successful event attended by more than 850 people for October 2013 and 2014. This was the first of its kind for this organization and was involved in management and supervision of a team of more than 20 people.

ACHIEVEMENTS
• Awarded a medal from UNICEF for participation in UNICEF’s fund raising drive. • Actively Participated in the National Pulse Polio Immunization Program held in Ahmedabad. • Appointed Class Representative throughout P.T program from 1993-96 and College Students Representative in the year 1996-97.
• Elected Class Representative and General Secretary of the High School in the year 1991-92.

REFERENCES AVAILABLE UPON REQUEST
Packet Pg. 1053
City of San Bernardino ♦ 23-01
Pre-Employment Screening Services
October 18, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Attachments Attachment B
Legal and Risk
Our Legal and Risk Departments reviewed the terms, conditions, and insurance requirements and made minor modifications to the language. We include these suggested revisions on the following pages. If Concentra is the successful bidder, we desire to engage in open dialogue with City, review the proposed modifications, and ultimately create an agreement that not only outlines the schedule of services, but also protects the business interests of both City and Concentra.

Packet Pg. 1054
0 EXHIBIT A

SCOPE OF SERVICES
The City of San Bernardino is requesting proposals for (Pre-employment Screening Services). The vendor will furnish all materials, permits, supervision, and incidentals as necessary to perform and complete the requested services. The City is seeking proposals for professional services from a qualified firm in supporting their preemployment screening services. Please review the following line items below:

1. Pre-employment medical examinations and evaluations for perspective employees. The objectives of the City pre-employment exam process are to ensure that all candidates for City employment are, a) medically capable to perform job duties, b) not placed in positions that can aggravate existing medical conditions or create hazards to themselves or others, and c) permit maximum accommodation of individuals with disabilities. Physiologic measures required of all applicants will include, but may not be limited to: blood pressure, pulse, respiration, temperature, height, weight, visual acuity (corrected and/or uncorrected), color vision, and urinalysis.

2. Occupational/environmental health exams and evaluations (e.g., respiratory, hearing etc.).

3. Prepare and submit a written summary of medical exam/test results to the City in complete, accurate and understandable style, no later than forty-eight (48) hours after an exam or P.O.S.T. exam. All results, including drug and alcohol results, must be included in this summary. Inform City departmental contact by email within forty-eight (48) hours with complete medical screening results. Provider shall advise City Departmental Contact of any delays. If exam is inconclusive and additional time is required, Provider shall contact the City Departmental contact within the forty-eight (48) hour time period to provide status report.

4. Initiate and/or update and maintain medical/health records on all employees and applicants for whom Contractor provides services. Initiate health records on all City job applicants including, but not limited to the following: health questionnaire, results of all tests, proofs of immunity, examinations, physician consultations, and progress notes with rationale for any additional tests or reports outside of the scope of usual examination. These records and all related materials shall remain the property of the City.

5. Maintain and store all medical records for the term of the contract at no additional cost and in a secure and confidential manner. Should the Agreement be cancelled or expire, these records are the property of the City and shall be made available to the City within two (2) weeks of cancellation or expiration, at no charge to the City.

DocuSign Envelope ID: 5B8ADC8C-988A-4740-A75D-7825AA169563 Packet Pg. 1055
1 6. Physical exams must be able to occur within two (2) working days of being requested to do so by the City. Applicants/Employees should wait no longer than thirty (30) minutes from the time of actual appointment, before services are begun.

7. Contractor shall maintain examination centers located within San Bernardino or Riverside County and convenient to the City. The City will consider proposals whose facilities are not in close proximity to the City. The Contractor shall provide services during normal business hours Monday-Friday, City holidays excluded.

Location of services shall be handicapped-accessible and shall conform to all applicable federal, state, and local safety laws.

Bidders must acknowledge all requirements of previous section, including all categories and sub-points.

Please Sign and Acknowledge Here: __________________________________________ _________________________________________________________________________ If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city
BIDDER’S RESPONSE:

DocuSign Envelope ID: 5B8ADC8C-988A-4740-A75D-7825AA169563 Packet Pg. 1056

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
10/4/2022
The Graham Company
The Graham Building
1 Penn Square West
Philadelphia PA 19102-
Concentra Unit 215-567-6300 215-405-2694 [email protected] Columbia Casualty Company 31127 CONCGRO-01 Liberty Mutual Fire Ins. Co. 23035 Occupational Health Centers of California,
A Medical Corporation, c/o Select Medical Corporat
4716 Old Gettysburg Road
Mechanicsburg PA 17055
Liberty Insurance Corporation 42404 Liberty Mutual Insurance Group 23043 American Guarantee & Liability Ins. Co. 26247 Allied World Assurance Company, AG 810223803 A X 1,000,000 X 500,000 X Professional Lia X $1M Claim/$3M Ag 1,000,000 3,000,000 X Y Y HAZ 4032244581-6 1/1/2022 1/1/2023
3,000,000
B 2,000,000 XY Y AS2-631-510199-322 4/1/2022 4/1/2023
A X X 9,000,000 Y Y HMC 4032235752 1/1/2022 1/1/2023
10,000,000 X
3,000,000
C
D
Y WA7-63D-510199-352
X
WC5-631-510199-362
4/1/2022
4/1/2022
4/1/2023
4/1/2023
1,000,000 1,000,000 1,000,000
E
F
Property
Excess Liability
ZMD0119116-06
C023701-007
1/1/2022
1/1/2022
1/1/2023
1/1/2023

SEE BELOW
$10M Each Occurrence $10M Aggregate
UMBRELLA LIABILITY COVERAGE includes Excess General Liability on an Occurrence Basis and Excess Professional Liability on a Claims Made Basis.

Both Coverages are excess of a $3,000,000 Self-Insured Retention each Occurrence/Claim subject to a $18,000,000 Aggregate.

PROFESSIONAL LIABILITY COVERAGE includes Case Management Services including the rendering of case management or utilization review performed by insured for others.

INDIANA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Continental Casualty Company - Policy #HAZ 4032244595-8; Effective 1/1/2022-1/1/2023 - $500,000 Each Medical Incident/$1,500,000 Aggregate Per Insured or Surgeon See Attached...

CITY OF SAN BERNARDINO
Attn: VANESSA SLOUKA
290 NORTH D STREET
SAN BERNARDINO CA 92401 Packet Pg. 1057
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

CONCGRO-01 1 1
The Graham Company
Occupational Health Centers of California,
A Medical Corporation, c/o Select Medical Corporat
4716 Old Gettysburg Road
Mechanicsburg PA 17055
25 CERTIFICATE OF LIABILITY INSURANCE
KANSAS PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Continental Casualty Company - Policy #HAZ 4032244600-8; Effective 1/1/2022-1/1/2023 - $500,000 Each Medical Incident/$1,500,000 Aggregate Per Insured or Surgeon LOUISIANA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Columbia Casualty Company - Policy #HAZ 4032244614-8; Effective 1/1/2022-1/1/2023 - $100,000 Each Medical Incident/$300,000 Aggregate Per Insured or Surgeon NEBRASKA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Columbia Casualty Company - Policy #HAZ 4032244628-8; Effective 1/1/2022-1/1/2023 - $500,000 Each Medical Incident/$1,000,000 Aggregate Per Insured or Surgeon PENNSYLVANIA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Columbia Casualty Company - Policy #HAZ 4032244631-8; 1/1/2022-1/1/2023 - $500,000 Each Medical Incident/$1,500,000 Aggregate Per Insured or Surgeon WISCONSIN PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Continental Casualty Company - Policy #HAZ 4032244659-8; 1/1/2022-1/1/2023 - $1,000,000 Each Medical Incident/$3,000,000 Aggregate Per Insured or Surgeon PROPERTY COVERAGE: Risk of Physical Loss or Damage to Covered Property subject to policy terms and conditions.

WORKERS COMPENSATION - Occupational Health Centers of California, A Medical Corporation - Liberty Mutual Insurance Corp. - Policy #WA5-63D-510199-312; Effective: 4/1/2022-4/1/2023
WORKERS COMPENSATION - Occupational Health Centers of Southwest, P.A. - Liberty Insurance Corp. - Policy #WA7-63D-510199-402; Effective:
4/1/2022-4/1/2023
WORKERS COMPENSATION - Occupational Health Centers of Southwest, P.A. - Liberty Mutual Insurance Corp. - Policy #WC5-631-510199-252 (WI); Effective: 4/1/2022-4/1/2023
ADDITIONAL WORKERS COMPENSATION POLICIES:

OHC of Arkansas – Liberty Insurance Corp. - Policy #WC7-631-510199-282; Effective: 4/1/2022-4/1/2023 OHC of Southwest (AZ/UT) – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-242; Effective: 4/1/2022-4/1/2023 OHC of Delaware – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-332; Effective: 4/1/2022-4/1/2023 OHC of Georgia/Hawaii – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-382; Effective: 4/1/2022-4/1/2023 OHC of Illinois – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-412; Effective: 4/1/2022-4/1/2023 OHC of Louisiana – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-292; Effective: 4/1/2022-4/1/2023 OHC of Michigan – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-272; Effective: 4/1/2022-4/1/2023 OHC of Nebraska – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-372; Effective: 4/1/2022-4/1/2023 OHC of New Jersey – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-262; Effective: 4/1/2022-4/1/2023 OHC of North Carolina – Liberty Insurance Corp. - Policy #WC7-631-510199-342; Effective: 4/1/2022-4/1/2023 OHC of Southwest (KS) – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-422; Effective: 4/1/2022-4/1/2023 Therapy Centers of Southwest I, PA (OR) - Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-392; Effective: 4/1/2022-4/1/2023 Therapy Centers of South Carolina, PA - Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-302; Effective: 4/1/2022-4/1/2023 OHC of Minnesota - Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-452; Effective: 4/1/2022-4/1/2023 OHC of Alaska - Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-442; Effective: 4/1/2022-4/1/2023 CYBER LIABILITY - AIG Specialty Insurance Company - Policy #01-581-98-19; Effective: 9/25/2022-9/25/2023 - Limit: $10,000,000 EXCESS CYBER LIABILITY - Endurance American Specialty Insurance Company - Policy #NVX30025438400; Effective: 9/25/2022-9/25/2023 - Limit:
$10,000,000 Excess of $10,000,000
CRIME COVERAGE - National Union Fire Insurance Company of Pittsburgh, PA - Policy #02-406-10-33; Effective: 12/31/2021-12/31/2022 - Limit: $10,000,000 Coverage is provided for all medical professionals currently or previously employed or contracted by the above Named Insured, but only for professional services performed for or on behalf of the above Named Insured.

RE: OHC OF CA/CMC IS BIDDING ON AN RFP UNDER # F-23-01 TO PROVIDE MEDICAL SERVICES (WHICH COULD INCLUDE PHYSICAL EXAMS AND OR DRUG/ALCOHOL TESTING SERVICES) TO THE EMPLOYEES OF THE NAMED CLIENT.

THE CITY OF SAN BERNARDINO, ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS are all included as additional insureds on the above General Liability, Auto Liability and Umbrella Liability Policies and coverage shall apply on a Primary and Non-Contributory basis if required by written contract.

Prior to loss, and if required by written contract, Waiver of Subrogation is provided on General Liability, Auto Liability, Umbrella Liability and Workers Compensation Policies for work performed under contract if permissible by state law.

Should any of the above described policies be cancelled before the expiration date thereof, The Graham Company will endeavor to mail 30 days written notice to the certificate holder, but failure to do so shall impose no obligation or liability of any kind upon The Graham Company, its agents or representatives. Packet Pg. 1058

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -

CALIFORNIA
Person or Organization
Schedule
Job Description
Where required by contract or
written agreement prior to loss and
allowed by law.

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.

Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of $ 250
Effective Date Premium $
Issued by Liberty Insurance Corporation 21814
For attachment to Policy No. WA7-63D-510199-312
Issued to Concentra Group Holding Parent, LLC
WC 04 03 06
Ed: 04/1984

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