Agenda packet — Mayor and City Council, March 1, 2023 (part 1 of 4)

Mayor and City Council of the City of San Bernardino Page 1

CITY OF SAN BERNARDINO
AGENDA

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR

AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE

HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MARCH 01, 2023
5:30 PM CLOSED SESSION 7:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG

Theodore Sanchez Helen Tran

Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles E. McNeely
COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER
Juan Figueroa

Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett

Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso

COUNCIL MEMBER, WARD 5
Kimberly Calvin

COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
Please contact the City Clerk's Office (909) 3845002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters.

To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents.

Mayor and City Council of the City of San Bernardino Page 2

CALL TO ORDER

Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
Interim City Manager Charles E. McNeely
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha

5:30 P.M.

CLOSED SESSION PUBLIC COMMENT

CLOSED SESSION P. 11

A) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):

1) Douglas Heath v. City of San Bernardino, WCBA Case No. ADJ11111333 2) David Wixom v. City of San Bernardino, WCBA Case Nos. ADJ10598588; ADJ10471088; and ADJ12213353

7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CITY MANAGER UPDATE

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

Mayor and City Council of the City of San Bernardino Page 3

CONSENT CALENDAR

1. Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974 P. 12
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 202334 approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

2. Approve Professional Services Agreement to Southern California Crossroads for Hospitalbased Community Violence Intervention Services P. 61 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager, or designee, to execute a Professional Services Agreement with Southern California Crossroads for hospitalbased community violence intervention services; and

2. Authorize the Agency Director of Administrative Services to issue a Purchase Order to Southern California Crossroads in a total amount not to exceed $1,160,000.00.

3. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 29, Tax Zone No. 30 (Valley View Industrial) (Ward 3) P. 101
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023032 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 29) and authorizing the levy of a special taxes therein.

4. Investment Portfolio Report for December 2022 (All Wards) P. 144 Recommendation:

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

5. Approval of Commercial and Payroll Disbursements (All Wards) P. 156 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for February 2023.

6. Library Revenue and Expense Budget (All Wards) P. 195 Recommendation:

Adopt Resolution No. 2023033 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting funding of $10,303 from the Inland Library System, $8,671.27 from CTC Technology & Energy and $200 from San Bernardino Emblem Club No. 178.

2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Library including $19,174.27 in both revenues and expenditures.

Mayor and City Council of the City of San Bernardino Page 4

7. Task Order Issued to Willdan Engineering for Augmented Engineering Services Pursuant to Professional Service Agreement for OnCall Engineering Services (All Wards) P. 200
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California,

1. Approve a Task Order Willdan Engineering001 to Willdan Engineering to provide augmented Land Development and National Pollutant Discharge Elimination System (NPDES) Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for OnCall Engineering Services; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $99,720.00.

8. Bid Rejection for Construction Contract Award – Citywide Pavement Rehabilitation (21 Locations) (Wards All) P. 350
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023035 rejecting bids for construction of the Citywide Pavement Rehabilitation at 21 locations.

9. Resolution Rejecting Construction Bids for Speicher Park Renovation (Ward 7) P. 366 Recommendation:

Adopt Resolution No. 2023036 of the Mayor and City Council of the City of San Bernardino, California, rejecting Construction Bids for Speicher Park Renovation.

10. Resolution Accepting the Local Roadway Safety Plan (LRSP) (All Wards) P. 372 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023037, accepting the Local Roadway Safety Plan (LRSP).

11. Acceptance of FY 2022 Edward Byrne Justice Assistance Grant (All Wards) P. 494 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2023038, authorizing:

1. The City Manager to accept the 2022 Edward Byrne Justice Assistance Grant, and

2. The Agency Director of Administrative Services to amend the FY2022/23 Adopted Budget by $213,617 in both revenue and expenditures.

DISCUSSION

12. Fiscal Year 2022/23 MidYear Update (All Wards) P. 545 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Receive and file the Fiscal Year 2022/23 MidYear Budget Report; and

2. Adopt Resolution No. 2023039 Authorizing the Agency Director of Administrative Services to amend the Fiscal Year 2022/23 Operating Budget by $5,914,730 as outlined in the Fiscal Year 2022/23 MidYear Budget Report.

Mayor and City Council of the City of San Bernardino Page 5

13. Introduce Ordinance No. MC1612 Amending Section 8.24.050 of the Municipal Code (Notification of Administrative Hearing) (All Wards) P. 580 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Introduce, read by title only, and waive further reading of Ordinance No. MC1612 amending Section 8.24.050 of the San Bernardino Municipal Code regarding notification of administrative hearing decision and final report of delinquent solid waste charges to affected persons.

PUBLIC HEARING

14. Public Hearing on Annexation No. 31 to Community Facilities District 20191 (Ward 3) P. 591
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2023040 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 31); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2023041 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019 1 (Maintenance Services) (Annexation No. 31); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1613 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 20232024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC1613 for March 15, 2023.

15. Substantial Amendment to the Fiscal Year 20222023 Annual Action Plan – HOME Investment Partnership American Rescue Plan Program (HOMEARP) (All Wards) P. 646 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Conduct a Public Hearing of the draft HOME Investment Partnership Allocation and Substantial Amendment to the Fiscal Year 20222023 Approved Action Plan; and

2. Authorize the Interim City Manager, or his designee, to execute any further documents as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 20222023 Action Plan.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

16. City Organization Realignment (All Wards) – Council Member Alexander P. 766

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on March 15, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

Mayor and City Council of the City of San Bernardino Page 6

CERTIFICATION OF POSTING AGENDA

I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the March 1, 2023, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, February 24, 2023.

I declare under the penalty of perjury that the foregoing is true and correct.

Mayor and City Council of the City of San Bernardino Page 7

NOTICE:

In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.

Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.

Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.

Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.

Rule 5. Time Limits:

5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.

5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.

Mayor and City Council of the City of San Bernardino Page 8

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.

The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

Mayor and City Council of the City of San Bernardino Page 9

PUBLIC COMMENT OPTIONS

Please use ONE of the following options to provide a public comment:

1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe.

2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit y our request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments

3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom)

a) You can use a mobile phone or a landline to dial into a Zoom meeting.

i) Dial (669) 9006833. When prompted, enter the Meeting ID: 6778459453 Passcode:2023

The public may begin joining the meeting on Zoom or by callingin to be added to the speaker queue at 5:15 PM for Closed Session.

Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time:

ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak.

If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.

Continued next page...

8) Join the Meeting by clicking on the Zoom link below:

Mayor and City Council of the City of San Bernardino Page 10

https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09

Meeting ID: 677 845 9453
Passcode:2023

You can also Go to Zoom.us and click "Join a Meeting" at the top.

Enter the Meeting ID: 6778459453
Passcode:2023

Public Hearings:

If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed.
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CLOSED SESSION REPORT
City of San Bernardino
Request for Council Action
Date: March 1, 2023
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney's Office
Subject: Closed Session
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
1) Douglas Heath v. City of San Bernardino, WCBA Case No. ADJ11111333 2) David Wixom v. City of San Bernardino, WCBA Case Nos. ADJ10598588; ADJ10471088; and ADJ12213353

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11 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 1, 2023
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Resolution Approving and Adopting an Amended
Conflict of Interest Code Pursuant to the Political
Reform Act of 1974
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-34 approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

Background
The Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), requires all public agencies to adopt and maintain a Conflict of Interest Code. The Act further requires that agencies regularly review and update their Codes as necessary, as directed by the code-reviewing body or when change is necessitated by changed circumstances (Sections 87306 and 87306.5). A Conflict of Interest Code requires certain employees who are most likely to be in a government decision making capacity, and where potential conflicts may occur, to file an annual disclosure form. This Statement of Economic Interest Form, also known as the Form 700, provides transparency and ensures accountability in two ways:

1. It provides necessary information to the public about an official’s personal financial interests to ensure that officials are making decisions in the best interest of the public and not enhancing their personal finances; and

2. It serves as a reminder to the public official of potential conflicts of interest so the official can abstain from making or participating in governmental decisions that are deemed conflicts of interest.

Discussion
Pursuant to the Political Reform Act (the “Act”), the City Council directed staff to: (1)

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12 conduct a review of the City’s Conflict of Interest Code (“Code”) to determine if a change in the Code was necessary; (2) file a biennial notice regarding the results of the review no later than the required deadline; and (3) amend the City’s Code pursuant to the Act, if necessary.

Attached is a legislative (redlined) version of the proposed amended Code. The proposed revisions are based on the establishment and recognition of new positions that must be designated, the revision of titles of existing positions, and deletion of position titles that have been abolished and/or positions that no longer make or participate in making governmental decisions.

The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated position is assigned. “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the City.

The revised disclosure categories are:

Category 1: All investments and business positions and sources of income, including gifts, loans, and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in, business entities, and sources of income, including gifts, loans, and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments, business positions and income from business entities and sources of income, including gifts, loans, and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments, business positions and income, including gifts, loans, and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit, or division.

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13 Category 6: All investment and business positions in business entities and sources of income, including gifts, loans, and travel payments, subject to the regulatory, permit, licensing authority of the designated employee’s department, unit, or division.

Category 6: All investment and business positions in business entities and sources of income, including gifts, loans, and travel payments, subject to the regulatory, permit, licensing authority of the designated employee’s department, unit, or division.

Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.

Category 8: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, if such entities or sources have filed claims against the agency in the past 2 years, or have a claim pending before the agency.
2021-2025 Strategic Targets and Goals
The request for adopting the amended conflict of interest code aligns with Key Target No. 1e: Improved Operational & Financial Capacity - Minimize Risk and litigation exposure. The code helps identify potential conflicts of interest; the law requires public officials and employees in designated positions in a conflict of interest code to report their financial interests on a form called Statement of Economic Interests (Form 700).

Fiscal Impact
There is no fiscal impact to the City in adopting the amended Conflict of Interest Code.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-34 approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

Attachments
Attachment 1 – Resolution No. 2023-34 Adopting the Amended Conflict of Interest Code
Attachment 2 – Conflict of Interest Code (Legislative Copy) Attachment 3 – Conflict of Interest Code (Clean Copy)
Attachment 4 – Notice of Intention
Attachment 5 – Regulation 18730 Provisions of the Conflict of Interest Code Ward: All Wards

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14 Synopsis of Previous Council Actions:

March 3, 2021 The Mayor and City Council adopted Resolution No. 2021-48 approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

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15 Resolution No. 2023-034
Resolution No. 2023-034
March 1, 2023

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RESOLUTION NO. 2023-034

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ADOPTING AN AMENDED CONFLICT OF INTEREST

CODE PURSUANT TO THE POLITICAL REFORM ACT OF
1974
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of San Bernardino (the “City”) and requires all public agencies to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City Council adopted a Conflict of Interest Code (the “Code”), in compliance with the Act, which was last amended March 3, 2021; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City’s Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided to each affected designated employee and publicly posted for review; and
WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on March 1, 2023, at which all present were given an opportunity to be heard on the proposed amended Code.

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 Council does hereby adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto as Exhibit A and shall be on file with the City Clerk and available to the public for inspection and copying during regular business hours.

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Resolution No. 2023-034
March 1, 2023

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SECTION 3.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of March 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. 2023-034
March 1, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-034, adopted at a regular meeting held on the 1 st day of March 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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18 55600.00100\40899219.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
BBK – December 2020 February 2023

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO

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19 55600.00100\40899219.2 1 BBK –December 2020 February 2023

LAW OFFICES OF

BEST BEST & KRIEGER LLP

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO
(Amended March 3, 2021 March 1, 2023)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, (tit. 2 Cal. Code of Regs, § 18730), that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing, Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of San Bernardino (“City").

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. All officials and designated positions required to submit a statement of economic Interests shall file their statements with the City Clerk as the Town’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, members of the City Council, the City Manager, the City Attorney and the City Treasurer, and forward the originals of these statements to the Fair Political Practices Commission. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008)

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LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-1 BBK – December 2020 February 2023

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO
(Amended March 3, 2021 March 1, 2023)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments. 1 These positions are listed here for informational purposes only.

Finance Manager/Deputy City Treasurer
Investment Consultants
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.

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LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-2 BBK – December 2020 February 2023

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
Accounting Manager Accountant III 5
Accounting Division Manager 5
Administrative Analyst (ALL) 5
Administrative Division Manager 5
Administrative Services Manager 5
Administrative Services Officer 5
Administrative Services Supervisor 5
Administrative Supervisor and Executive Assistant to the City Manager 5 Agency Director of Administrative Services 4
Agency Director of Community, Housing and Economic Development 1, 2 Agency Director of Public Works, Operations and Maintenance 1, 2 Animal Control Services Manager 5
Animal Services Supervisor 5
Applications Development Information Technology Manager 5 Aquatics Supervisor 5
Assistant Building Official 3, 5, 6
Assistant Buyer 5
Assistant Chief of Police 5
Assistant Deputy City Clerk II 5
Assistant City Manager 1, 2
Assistant Planner 3, 5, 6
Assistant Purchasing Agent Buyer 4
Assistant to the City Manager 5
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED

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LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-3 BBK – December 2020 February 2023
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Assistant to the Mayor 5
Associate Planner 3, 5, 6
Budget Division Manager 4
Budget Officer 4
Building Inspector (ALL) 3, 5, 6
Building Maintenance Division Manager 3, 5
Building Official 3, 5, 6
Business Registration Manager 5, 6
CATV Broadcast Engineering Coordinator 5
Chief Assistant City Attorney 1, 2
Chief Building Official and Safety Division Manager 3, 5, 6 Chief Deputy City Clerk 1, 2
Chief of Police 5
Chief of Staff 5
City Clerk 5
City Engineer 1, 2
Code Enforcement Division Manager 5
Code Enforcement Officer (ALL) 5
Community Development Block Grant (CDBG)/
Housing Program Assistant Grants Assistant 5, 7
Community Development Block Grant (CBDG) Coordinator 5, 7 Community Intervention Program Manager 5, 7
Community Policing Specialist 5
Community Recreation Center Supervisor 5
Community Recreation Manager 5
Community Recreation Program Coordinator 5
Community Recreation Program Supervisor (Soccer) 5
Community Relations Supervisor Assistant to the City Manager 5

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LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-4 BBK – December 2020 February 2023
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Community Services Center Supervisor 5
Community Services Officer Supervisor 5
Community Services Program Coordinator 5
Construction Inspector (ALL) 3, 6
Construction/Survey Manager 2, 5
Council Administrative Supervisor 5
Custodial Supervisor 5
Deputy City Attorney (ALL) 1, 2
Deputy City Clerk I 5
Deputy City Manager 1, 2
Deputy Director City Engineer 1, 2
Deputy Director/City Planner 1, 2
Deputy Director of Parks, Recreation & Community 1, 2 Deputy Director of Public Works-City Engineer 1, 2
Deputy Director of Finance Dept. 5 4
Deputy Director of Housing and Homelessness 5, 7
Deputy Director of Human Resources 5
Deputy Director of Information Technology 5
Deputy Engineer 1, 2
Deputy General Manager 1, 2
Deputy Library Director 5
Development Services Technician 5
Director of Animal Services 5
Director of Community & Economic Development 1, 2
Director of Finance 4
Director of Human Resources 5
Director of IT 5
Director of Parks, Recreation & Community Services 1, 2 Director of Public Works 1, 2

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LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-5 BBK – December 2020 February 2023
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Director, Water Reclamation 3, 5, 6
Director, Water Utility 3, 5, 6
Diversity, Equity, & Inclusion Officer 5
Economic Development Project Manager 1, 2
Economic Development Division Manager 1, 2
Electrical, Instrumentation, and SCADA Superintendent 5 Emergency Operations Manager 5
Engineering Assistant (ALL) 2, 3, 6
Engineering Associate 2, 5
Engineering Manager 2, 3, 5
Engineering Technician 5, 6
Engineering Project Manager 2, 3, 5
Environmental Control Officer 2, 5
Environmental Projects Specialist Programs Coordinator 2, 5 Equipment Maintenance Manager 5
Equipment Maintenance Supervisor 5
Executive Staff Assistant to the City Council 5
Facilities & Fleet Maintenance Division Manager 5
Facilities Maintenance Supervisor 5
Financial Analyst 5
Fleet Parts Storekeeper 5
Fleet/Warehouse Supervisor 4
Forensic Supervisor 5
Forestry Supervisor 5
General Manager – Water 1, 2
GIS Administrator 5
Grant Analyst 5, 7
Grant Division Manager 5, 7
Grant Manager 5, 7

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LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-6 BBK – December 2020 February 2023
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Housing Compliance Officer 5
Homeless Services Coordinator 5, 7
Housing Division Manager 5, 7
Housing Manager 1, 2
HR Analyst (ALL) 5
Human Resources Division Manager 5
HVAC Supervisor 5
IEMG Broadcast Engineering Coordinator 5
Information Technology Manager 5
Information Technology Operations Supervisor 5
IT Operations Supervisor 5
Landscape and Irrigation Inspector (ALL) 3, 5
Landscape Inspector I/II (ALL) 3, 5
Landscape Maintenance District Supervisor 3, 5
Lead Building Inspector 3, 5
Library Administrative Supervisor 5
Library Circulation Supervisor 5
Library Director 5
Library IT Manager 5
Library Network Administrator 5
Library Program Coordinator 5
Maintenance Supervisor 5
Management Analyst II 5, 7
Manager of Communications 5
Marketing and Public Relations Specialist 5
Neighborhood & Customer Service Manager 5
Network Systems Administrator 5
NPDES Inspector II 3, 5, 6
NPDES Manager 3, 5, 6

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LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-7 BBK – December 2020 February 2023
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Operations & Maintenance Division Manager 2, 5
Parks and Landscape Supervisor 5
Parks and Landscape Maintenance Supervisor 5
Parks Construction Lead Worker 5
Parks Maintenance Division Manager 5
Parks Superintendent 3, 5
Planning Division Manager 2, 3, 5, 6
Plans Examiner (ALL) 2, 3, 5, 6
Police Captain 5
Police Dispatch Manager 5
Police Dispatch Supervisor 5
Police Lieutenant 5
Police Personnel & Training Manager 5
Principal Civil Engineer 2, 3, 5, 6
Principal Engineer, Water Dept. 2, 3, 5
Principal Engineer, Public Works Dept. 2, 5
Principal Planner 2, 3, 5, 6
Procurement/Contract Support Services Division Manager 5 Project Manager 2, 3, 5
Project Manager of Community Development Programs 5
Project Manager of Housing Programs 3, 5
Public Information Officer 5
Public Works Inspector III 3, 5
Public Safety IT Manager 5
Public Safety and Training Officer 5
Purchasing Supervisor Division Manager 4
Rangemaster 5
Real Property Manager 1, 2
Real Property Specialist 1, 2

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LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-8 BBK – December 2020 February 2023
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Recreation and Community Services Division Manager 5
Recreation Therapist 5
Retired & Senior Volunteer Program Manager 5
Risk Division Manager 5, 8
Senior Administrative Analyst 5
Senior Civil Engineer 2, 3, 5, 6
Senior Civil Engineer/Division Manager 2, 3, 5, 6
Senior Code Enforcement Officer 5
Senior Companion Program Manager 5
Senior GIS Analyst 5
Senior HR/Risk Analyst 5
Senior Human Resources Technician 5
Senior IT Analyst 5
Senior Librarian 5
Senior Management Analyst 5
Senior Network Administrator 5
Senior Network System Administrator 5
Senior Network Specialist 5
Senior Nutrition Food Services Supervisor 5
Senior Planner 2, 3, 5
Senior Plans Examiner 2, 3, 5, 6
Sewer Maintenance Supervisor 5
Station Manager 5
Street Signal/Lighting Supervisor 5
Supervising Animal Control Officer 5
Supervising Code Enforcement Officer 5
Survey Supervisor 3, 5
Technology Librarian 5
Traffic Engineer 2, 3, 5

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LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-9 BBK – December 2020 February 2023
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Traffic Engineering Associate 2, 3, 5
Traffic Operations Systems Analyst 2, 3, 5
Traffic Signal and Lighting Supervisor 3, 5
Treasury Manager 5
Treasury Supervisor 1, 2
Water Reclamation Maintenance Superintendent 5
Water Reclamation Operations Superintendent 5
Water Utility Distribution Superintendent 5
Water Utility Operations Superintendent 5
Water Utility Water Quality Control Officer 5

DESIGNATED BOARDS/COMMITTEES/COMMISSIONS
Oversight Board for the City of San Bernardino as 1, 2
Successor Agency to the Redevelopment Agency of the City of San Bernardino 1, 2
Board of Building Commissioners 1, 2
Personnel Commission 1, 2
Bureau of Franchises 1, 2
Board of Library Trustees 1, 2
Mobile Home Board 1, 2
Board of Police Commissioners 1, 2
Board of Water Commissioners 1, 2
Consultants
Consultants and New Positions2
2 Individuals serving as a consultant as defined in FPPC Reg. 18700.3(a) or in a new position must file under the broadest disclosure category set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to designate a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

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App. B-1 BBK – December 2020 February 2023
PART “B"

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she the designated is assigned.3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions and sources of income, including gifts loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City.

Category 3: All investments and business positions in, business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments, business positions and income from business entities and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments, business positions and income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investment and business positions in business entities and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, licensing authority of the designated employee’s department, unit or division. 3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)

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BEST BEST & KRIEGER LLP
App. B-2 BBK – December 2020 February 2023
Category 7 : All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.

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LAW OFFICES OF

BEST BEST & KRIEGER LLP

BBK – February 2023

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO

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LAW OFFICES OF

BEST BEST & KRIEGER LLP

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO
(Amended March 1, 2023)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, (tit. 2 Cal. Code of Regs, § 18730), that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing, Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments i n the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of San Bernardino (“City").

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. All officials and designated positions required to submit a statement of economic Interests shall file their statements with the City Clerk as the Town’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, members of the City Council, the City Manager, the City Attorney and the City Treasurer, and forward the originals of these statements to the Fair Political Practi ces Commission. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008)

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LAW OFFICES OF

BEST BEST & KRIEGER LLP

App. A-1 BBK – February 2023

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO
(Amended March 1, 2023)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the City ’s Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investm ents. 1 These positions are listed here for informational purposes only.

Investment Consultants

1 Individuals holding one of the above- listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.

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LAW OFFICES OF

BEST BEST & KRIEGER LLP

App. A-2 BBK – February 2023

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE

Accountant III 5
Accounting Division Manager 5
Administrative Analyst (ALL) 5
Administrative Division Manager 5
Administrative Services Supervisor 5
Administrative Supervisor and Executive Assistant to the City Manager 5 Agency Director of Administrative Services 4
Agency Director of Community, Housing and Economic Development 1, 2 Agency Director of Public Works, Operations and Maintenance 1, 2 Animal Services Manager 5
Animal Services Supervisor 5
Aquatics Supervisor 5
Assistant Building Official 3, 5, 6
Assistant Buyer 5
Assistant Chief of Police 5
Assistant City Manager 1, 2
Assistant Planner 3, 5, 6
Assistant to the City Manager 5
Assistant to the Mayor 5
Associate Planner 3, 5, 6
Budget Division Manager 4
Budget Officer 4
Building Inspector (ALL) 3, 5, 6
Building Maintenance Division Manager 3, 5
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED

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LAW OFFICES OF

BEST BEST & KRIEGER LLP

App. A-3 BBK – February 2023

DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED

Building Official 3, 5, 6
Business Registration Manager 5, 6
Buyer 4
CATV Broadcast Engineering Coordinator 5
Chief Assistant City Attorney 1, 2
Chief Building Official and Safety Division Manager 3, 5, 6 Chief Deputy City Clerk 1, 2
Chief of Police 5
Chief of Staff 5
City Clerk 5
City Engineer 1, 2
Code Enforcement Division Manager 5
Code Enforcement Officer (ALL) 5
Community Development Block Grant (CBDG) Coordinator 5, 7 Community Intervention Program Manager 5, 7
Community Policing Specialist 5
Community Recreation Center Supervisor 5
Community Recreation Manager 5
Community Recreation Program Coordinator 5
Community Recreation Program Supervisor (Soccer) 5
Community Relations Supervisor Assistant to the City Manager 5 Community Services Center Supervisor 5
Community Services Officer Supervisor 5
Community Services Program Coordinator 5
Construction Inspector (ALL) 3, 6
Construction/Survey Manager 2, 5
Council Administrative Supervisor 5
Custodial Supervisor 5

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LAW OFFICES OF

BEST BEST & KRIEGER LLP

App. A-4 BBK – February 2023

DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Deputy City Attorney (ALL) 1, 2
Deputy City Clerk I 5
Deputy City Clerk II 5
Deputy City Manager 1, 2
Deputy Director City Engineer 1, 2
Deputy Director of Finance Dept. 4
Deputy Director of Housing and Homelessness 5, 7
Deputy Director of Human Resources 5
Deputy Director of Information Technology 5
Deputy Director of Parks, Recreation & Community 1, 2 Deputy Director of Public Works-City Engineer 1, 2
Deputy Director/City Planner 1, 2
Deputy Engineer 1, 2
Deputy General Manager 1, 2
Deputy Library Director 5
Development Services Technician 5
Director of Animal Services 5
Director of Community & Economic Development 1, 2
Director of Finance 4
Director of Human Resources 5
Director of IT 5
Director of Parks, Recreation & Community Services 1, 2 Director of Public Works 1, 2
Director, Water Reclamation 3, 5, 6
Director, Water Utility 3, 5, 6
Diversity, Equity, & Inclusion Officer 5
Economic Development Division Manager 1, 2
Economic Development Project Manager 1, 2
Electrical, Instrumentation, and SCADA Superintendent 5

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LAW OFFICES OF

BEST BEST & KRIEGER LLP

App. A-5 BBK – February 2023

DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Emergency Operations Manager 5
Engineering Assistant (ALL) 2, 3, 6
Engineering Associate 2, 5
Engineering Manager 2, 3, 5
Engineering Project Manager 2, 3, 5
Engineering Technician 5, 6
Environmental Programs Coordinator 2, 5
Environmental Control Officer 2, 5
Equipment Maintenance Manager 5
Equipment Maintenance Supervisor 5
Executive Staff Assistant to the City Council 5
Facilities & Fleet Maintenance Division Manager 5
Facilities Maintenance Supervisor 5
Financial Analyst 5
Fleet Parts Storekeeper 5
Fleet/Warehouse Supervisor 4
Forensic Supervisor 5
Forestry Supervisor 5
General Manager – Water 1, 2
GIS Administrator 5
Grant Analyst 5, 7
Grant Division Manager 5, 7
Grant Manager 5, 7
Grants Assistant 5, 7
Homeless Services Coordinator 5, 7
Housing Compliance Officer 5
Housing Division Manager 5, 7
Housing Manager 1, 2
HR Analyst (ALL) 5

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LAW OFFICES OF

BEST BEST & KRIEGER LLP

App. A-6 BBK – February 2023

DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Human Resources Division Manager 5
HVAC Supervisor 5
IEMG Broadcast Engineering Coordinator 5
Information Technology Manager 5
Information Technology Manager 5
Information Technology Operations Supervisor 5
IT Operations Supervisor 5
Landscape and Irrigation Inspector (ALL) 3, 5
Landscape Inspector (ALL) 3, 5
Landscape Maintenance District Supervisor 3, 5
Lead Building Inspector 3, 5
Library Administrative Supervisor 5
Library Circulation Supervisor 5
Library Director 5
Library IT Manager 5
Library Network Administrator 5
Library Program Coordinator 5
Maintenance Supervisor 5
Management Analyst II 5, 7
Manager of Communications 5
Marketing and Public Relations Specialist 5
Neighborhood & Customer Service Manager 5
Network Systems Administrator 5
NPDES Inspector II 3, 5, 6
NPDES Manager 3, 5, 6
Operations & Maintenance Division Manager 2, 5
Parks and Landscape Maintenance Supervisor 5
Parks and Landscape Supervisor 5

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BEST BEST & KRIEGER LLP

App. A-7 BBK – February 2023

DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Parks Construction Lead Worker 5
Parks Maintenance Division Manager 5
Parks Superintendent 3, 5
Planning Division Manager 2, 3, 5, 6
Plans Examiner (ALL) 2, 3, 5, 6
Police Captain 5
Police Dispatch Manager 5
Police Dispatch Supervisor 5
Police Lieutenant 5
Principal Civil Engineer 2, 3, 5, 6
Principal Engineer, Public Works Dept. 2, 5
Principal Engineer, Water Dept. 2, 3, 5
Principal Planner 2, 3, 5, 6
Procurement/Contract Support Services Division Manager 5 Project Manager 2, 3, 5
Project Manager of Community Development Programs 5
Project Manager of Housing Programs 3, 5
Public Information Officer 5
Public Safety and Training Officer 5
Public Safety IT Manager 5
Public Works Inspector III 3, 5
Purchasing Division Manager 4
Rangemaster 5
Real Property Manager 1, 2
Real Property Specialist 1, 2
Recreation Therapist 5
Retired & Senior Volunteer Program Manager 5
Risk Division Manager 5, 8
Senior Civil Engineer 2, 3, 5, 6

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LAW OFFICES OF

BEST BEST & KRIEGER LLP

App. A-8 BBK – February 2023

DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Senior Civil Engineer/Division Manager 2, 3, 5, 6 Senior Code Enforcement Officer 5
Senior Companion Program Manager 5
Senior GIS Analyst 5
Senior HR/Risk Analyst 5
Senior Human Resources Technician 5
Senior IT Analyst 5
Senior Librarian 5
Senior Management Analyst 5
Senior Network Administrator 5
Senior Network Specialist 5
Senior Network System Administrator 5
Senior Nutrition Food Services Supervisor 5
Senior Planner 2, 3, 5
Senior Plans Examiner 2, 3, 5, 6
Station Manager 5
Street Signal/Lighting Supervisor 5
Technology Librarian 5
Traffic Engineer 2, 3, 5
Traffic Engineering Associate 2, 3, 5
Traffic Operations Systems Analyst 2, 3, 5
Traffic Signal and Lighting Supervisor 3, 5
Treasury Manager 5
Treasury Supervisor 1, 2
Water Reclamation Maintenance Superintendent 5
Water Reclamation Operations Superintendent 5
Water Utility Distribution Superintendent 5
Water Utility Operations Superintendent 5
Water Utility Water Quality Control Officer 5

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BEST BEST & KRIEGER LLP

App. A-9 BBK – February 2023

DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED

DESIGNATED BOARDS/COMMITTEES/COMMISSIONS

Successor Agency to the Redevelopment Agency of the City of San Bernardino 1, 2
Board of Building Commissioners 1, 2
Personnel Commission 1, 2
Board of Library Trustees 1, 2
Board of Water Commissioners 1, 2

Consultants

Consultants and New Positions2

2 Individuals serving as a consultant as defined in FPPC Reg. 18700.3(a) or in a new position must file under the broadest disclosure category set forth in this Code subject to the following limitation:

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App. B-1 BBK – February 2023

PART “B"

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated is assigned. 3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the City.

3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)

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App. B-2 BBK – February 2023

Category 7 : All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.

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NOTICE OF INTENTION TO AMEND THE

CONFLICT OF INTEREST CODE OF THE

CITY OF SAN BERNARDINO
NOTICE IS HEREBY GIVEN that the City of San Bernardino intends to amend its Conflict of Interest Code (the “Code”) pursuant to Government Code section 87306.

The Appendix of the Code designates those employees, members, officers, and consultants who make or participate in the making of decisions and are subject to the disclosure requirements of the City’s Code. The City’s proposed amendment adds new positions that must be designated, revises titles to existing positions, and deletes titles of positions that been abolished and/or positions that no longer make or participate in making governmental decisions.

The proposed amended Code will be considered by the City Council on March 1, 2023, at 7:00 p.m. at the City of San Bernardino, 290 North D Street, San Bernardino, California. Any interested person may be present and comment at the public meeting or may submit written comments concerning the proposed amendment.

Any comments or inquiries should be directed to the attention of Genoveva Rocha, City Clerk, City of San Bernardino, 290 North D Street, San Bernardino, CA 92401; (909) 384-5208; [email protected]. Written comments must be submitted no later than March 1, 2023, at 7:00 p.m.

The proposed amended Code may be reviewed at, and copies obtained from, the office of the City Clerk.

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2/22/21 Amend 18730
Amend 2 Cal. Code Regs., Section 18730 to read: 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.

The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests.

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2/22/21 Amend 18730
(3) Section 3. Disclosure Categories. 1
2 3
4 5
6 7
8 9
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This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies. 1 Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her the employee’s statement of economic interests those economic interests he or she the employee has which are of the kind described in the disclosure categories to which he or she the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she the employee foreseeably can affect materially through the conduct of his or her the employee’s office.
(4) Section 4. Statements of Economic Interests: Place of Filing.

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The code reviewing body shall instruct all designated employees within its code to file 1 2 3
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22 statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. 2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following his or her the person’s return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that he or she the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of his or her the person’s military status. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

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Any person who resigns within 12 months of initial appointment, or within 30 days of the date of 1 2 3
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22 notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she the person did not make or participate in the making of, or use his or her the person’s position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her the person’s appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12

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months prior to the date of assuming office or the date of being appointed or nominated, 1 2 3
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22 respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property 3 is required to be reported, 4 the statement shall contain the following:

1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

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4. A statement whether the fair market value of the investment or interest in real property 1 2 3
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22 equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported, 5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, 6 the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.

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(D) Business Position Disclosure. When business positions are required to be reported, a 1 2 3
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designated employee shall list the name and address of each business entity in which he or she the employee is a director, officer, partner, trustee, employee, or in which he or she the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her the member’s or employee’s statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar

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year from any single source, if the member or employee would be required to report the receipt 1 2 3
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of income or gifts from that source on his or her the member’s or employee’s statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her the election to office through the date that he or she the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her the election to office through the date that he or she the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has

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direction and control. This subdivision shall not apply to loans made by banks or other financial 1 2 3
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institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998.

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(8.3) Section 8.3. Loan Terms. 1
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(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her the officer’s election to office through the date he or she the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

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2. If the loan has no defined date or dates for repayment, when one year has elapsed from 1 2 3
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22 the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.

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No designated employee shall make, participate in making, or in any way attempt to use 1 2 3
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22 his or her the employee’s official position to influence the making of any governmental decision which he or she the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her the official’s immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her the employee’s participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is

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needed to break a tie does not make his or her the employees’ participation legally required for 1 2 3
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purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her the official’s official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her the official’s immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that he or she the employee should not make a governmental decision because he or she the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of his or her the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her the employee’s agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.

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(12) Section 12. Violations. 1
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22 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. ____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual,

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spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 1 2 3
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percent or greater.
5 A designated employee's income includes his or her the employee’s community property interest in the income of his or her the employee’s spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

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8 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 1, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
David Miranda, Violence Intervention Program Manager
Department: City Manager's Office
Subject: Approve Professional Services Agreement with
Southern California Crossroads for Hospital-based
Community Violence Intervention Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager, or designee, to execute a Professional Services Agreement with Southern California Crossroads for hospital-based community violence intervention services; and

2. Authorize the Agency Director of Administrative Services to issue a Purchase Order to Southern California Crossroads in a total amount not to exceed $1,160,000.00.

Background
On February 8, 2022, the Office of the City Manager, Violence Intervention Program (VIP), submitted a proposal to the California Board of State & Community Corrections, Violence Intervention & Prevention Grant program. The grant submission by the City was focused on building capacity for the San Bernardino Violence Intervention Program, specifically hospital-based violence intervention services. On July 8, 2022, staff received a notification that the City’s grant submission was approved. At the September 21, 2022, Mayor and City Council meeting, the Council authorized the City Manager to administer the grant program on behalf of the City, in an award amount of $3,800,000.00. The Board of State & Community Corrections grant program period of performance ends December 31, 2025.

The Community Violence Intervention Program takes a public health approach to reducing shootings and homicides, focusing on interrupting violence and the transmission

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8 of norms that promote it. Using a multi-pronged approach to prevent shootings involving youth and young adults, the model relies on the use of culturally appropriate staff who respond to shootings to prevent retaliation and detect and resolve conflicts that are likely to lead to shootings. Program staff develop relationships with high-risk individuals who are likely to engage in gun violence and link them with resources such as education and job training. Additionally, staff collaborates with neighborhood organizations and community groups to organize neighborhood events and public education activities that promote a no-shooting message. The strategy aims to change behaviors, attitudes, and social norms directly related to gun violence.

The program aims to stop the spread of violence by using the methods and strategies associated with disease control:

1. Detecting and interrupting conflicts—trained violence interrupters and outreach workers prevent shootings by identifying and mediating potentially lethal conflicts in the community and following up to ensure that the conflict does not reignite. a. Prevent Retaliations: Whenever a shooting happens, trained staff immediately work in the community and at the hospital to cool down emotions and prevent retaliations – working with the victims, friends and family of the victim, and anyone else related to the event.
b. Mediate Ongoing Conflicts: Workers identify ongoing conflicts by talking to key people in the community about ongoing disputes, recent arrests, recent prison releases, and other situations, and utilize mediation techniques to resolve them peacefully.
c. Keep Conflicts ‘Cool’: Workers follow up with conflicts for as long as needed, sometimes for months, to ensure that the conflict does not become violent.

2. Identifying and treating the highest risk individuals—trained, culturally-appropriate outreach workers engage with the highest risk individuals to make them less likely to commit violence by meeting them where they are, talking to them about the costs of using violence, and helping them to obtain the social services they need – such as job training and drug treatment.
a. Access Highest Risk: Workers utilize their trust with high-risk individuals to establish contact, develop relationships, begin to work with the people most likely to be involved in violence.
b. Change Behaviors: Workers engage with high-risk individuals to convince them to reject the use of violence by discussing the cost and consequences of violence and teaching alternative responses to situations.

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8 c. Provide Treatment: Workers develop a caseload of clients who they work with intensively – seeing several times a week and assisting with their needs such as drug treatment, employment, leaving gangs.

3. Mobilizing the community to change norms—workers engage leaders in the community as well as community residents, local business owners, faith leaders, service providers, and the high risk, conveying the message that the residents, groups, and the community do not support the use of violence.
a. Respond to Every Shooting: Whenever a shooting occurs, workers organize a response where dozens of community members voice their objection to the shooting.
b. Organize Community: Workers coordinate with existing and establish new block clubs, tenant councils, and neighborhood associations to assist. c. Spread Positive Norms: Program distributes materials and hosts events to convey the message that violence is not acceptable.

Discussion
In the City’s application to the Violence Intervention & Prevention Grant program, staff proposed securing a nonprofit agency with extensive experience providing hospital- based, community violence intervention and prevention services, specifically with experience implementing summer violence reduction strategies, training, and evaluation capacity. In order to retain a violence intervention service provider, while adhering to the proposal approved by the Board of State & Community Corrections grant program, staff identified Southern California Crossroads as the best fit for the services required.

Southern California Crossroads is registered nonprofit corporation - public benefit in good standing with the California Secretary of State and the Franchise Tax Board that provides community violence intervention and prevention services. As an expert in the field, SoCal Crossroads has over 18 years of proven capacity of providing supportive services to youth and young adults in the areas of violence prevention, intervention, hospital-based and school-based services across Southern California.

Crossroad’s experience as a violence intervention and prevention provider in Los Angeles County and their extensive work with victims of crime in trauma centers qualifies the agency to receive a professional service agreement for the City’s violence intervention program supportive services expansion. Crossroads currently provides community violence intervention Services in Los Angeles County Parks through Safe Passages, City of Compton, Willowbrook, Lennox, Lynwood, and school-based services in over 20 campuses in Los Angeles County. Crossroads currently provides youth services in

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8 Gardena, Watts, and community engagement in North Hollywood. Crossroads is the Hospital Based Violence Intervention provider for California Hospital, Harbor UCLA and St. Francis.

Crossroads employees are cross-trained in trauma-informed case management, data collection, and local evaluation practices. Crossroads has led and implemented is the Hospital-Based Violence Intervention Program (HBVI) services in Los Angeles. HBVI provides comprehensive case management services to victims of violent crimes that arrive at partner trauma centers. HBVI services begin at the bedside and continue post- discharge. Services include linkages to gang intervention, victim services, employment services, and mental health to help address the psychological trauma and risk of re-injury.

HBVI accommodates the needs of clients by working with partners and community-based organizations to provide quality services as well as our Street Outreach Team to prevent further incidents in the community.

A request for proposals (RFP) was not conducted for this professional agreement. All three of the existing local VIP service providers that could be considered are already receiving American Rescue Plan Act funds for VIP related services from the City.

Furthermore, outside of agreements with the City, staff believe these service providers are fully funded and at capacity with multi-year contracts with other local agencies such as Loma Linda University Hospital, San Bernardino County Probation Department, San Bernardino School District, Department of Justice, and the Bureau of Justice Administration- Project Safe Neighborhoods. Staff do not believe there are additional qualified local vendors that can perform the required services outside of Southern California Crossroads. In the previous two bid requests, the same three existing providers submitted proposals and were awarded an agreement with the City; no other qualified local vendors responded to bid requests.

In an effort to streamline and fulfill the City’s agreement with the California Board of State & Community Corrections, the staff prepared and submitted single source justification request (in lieu of a full RFP) to the City’s procurement office for this agreement. Upon review, the procurement manager approved single source request for the professional services agreement with Southern California Crossroads. 2021-2025 Strategic Targets and Goals
Approving professional services agreement aligns with Key Target No. 3: Improved Quality of Life. Having more hybrid professionals such as Street Outreach Workers and Case Managers in community and San Bernardino hospitals increases the program’s ability to reach more residents impacted by violence.

Fiscal Impact
There is no fiscal impact with this action. The agreement is fully funded by the Board of State & Community Corrections grant.

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8 Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager, or designee, to execute a Professional Service Agreement with Southern California Crossroads for hospital-based community violence intervention services; and

2. Authorize the Agency Director of Administrative Services to issue a Purchase Order to Southern California Crossroads in a total amount not to exceed $1,160,000.00.

Attachments
Attachment 1 - Professional Services Agreement - Southern California Crossroads Attachment 2 - Approved Single Source Justification – Southern California Crossroads Ward:

All Wards
Synopsis of Previous Council Actions:

February 21, 2018 The Mayor and City Council adopted Resolution No.18-39, authorizing the City Manager to receive and administer Board of State & Community Correction grant funds.

December 05, 2018 The Mayor and City Council approved community intervention professional service agreements.

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

June 02, 2020 The Mayor and City Council approved first amendments to community intervention program contractors.

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

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

June 1, 2022 The Mayor and City Council voted and approved American Rescue Plan Act professional services agreement contracts for Young Visionaries Youth Leadership Academy, H.O.P.E.

Culture, Inc., and Operation New Hope.

September 21, 2022 The Mayor and City Council adopted resolution 22-203 authorizing the City Manager to receive and administer
California Board of State & community corrections grant award of $3.8 million, authorizing the City Manager to execute a fourth amendment to an agreement with HOPE Culture, and authorizing the Agency Director of Administrative Services to amend the FY 2022/2023 adopted budget revenue and
expenditures by $3,800,000.

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PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND SOUTHERN CALIFORNIA CROSSROADS
This Agreement is made and entered into as of March 1, 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 Southern California Crossroads, a California non-profit public benefit corporation with its principal place of business at 13515 Paramount Blvd South Gate CA 90280(hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. California cities that are disproportionately impacted by violence and the community-based organizations that that serve the residents of those cities are eligible to apply for California Violence Intervention and Prevention (“CalVIP”) Grant Program.

B. The purpose of the CalVIP Grant Program is to improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly group-member involved homicides, shootings, and aggravated assaults.

C. The CalVIP Grant Program is administered by the Board of State and Community Corrections (“BSCC”).

D. City is a public agency of the State of California, the recipient of a CalVIP Grant, and is in need of professional services for the following project:

San Bernardino Community Violence Intervention Program, a violence reduction strategy (hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

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.”

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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. This is a cost reimbursement contract. 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 Consultant under this Agreement exceed the sum of $1,160,000.00. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant shall submit monthly 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 Services.

Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

6. Term. This Agreement shall commence on the March 1, 2023 and continue through December 31, 2025 unless the Agreement is terminated as provided for herein (“Term”).

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

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

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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.

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 respected to the requirements of the Scope of Services.

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.

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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.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City.

The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

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

Insurance Services Office Commercial General Liability coverage

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(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. (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.

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d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

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Employer’s Liability $1,000,000 per occurrence
Professional Liability $2,000,000 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 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.

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(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 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.

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l. Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants 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 subconsultants 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 subconsultants or subconsultants.

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

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with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of consultants and subconsultants (Labor Code Section 1777.1).

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

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

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

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or 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.

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

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

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

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

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

27. Organization. Consultant shall assign Denise Villamil as Project Director. The Project Director 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:

CONSULTANT:

Southern California Crossroads
13515 Paramount Blvd
South Gate CA 90280
Attention: Denise Villamil

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

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

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

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

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

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

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

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

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

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

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

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

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

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

44. Grant Requirements. Consultant shall comply with the CalVIP Grant Program requirements, which are more particularly described in Exhibit “B”, attached hereto and incorporated herein by this reference.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

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

CITY OF SAN BERNARDINO
APPROVED BY:

City Manager
APPROVED AS TO FORM:
_________________________
Best Best & Krieger LLP
City Attorney
ATTESTED BY:

Genoveva Rocha, CMC,
City Clerk

CONSULTANT

SOUTHERN CALIFORNIA

CROSSROADS
Signature
_Denise Villamil___________________
Name
_Executive Director_________________
Title

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EXHIBIT “A”

SCOPE OF SERVICES

1. Violence Intervention
Project Overview: Consultant will carry out the work as described herein the Scope of Services.

The City will conduct periodic program monitoring and will report the results to Consultant.

Consultant shall comply with the City’s request to improve and/or solve all deficiencies.

Consultant shall immediately notify the City whenever there is a change in Consultant’s ability to provide services according to the Scope of Services or whenever there is a change of Consultant staff and/or sub-consultants providing services.

The objective of VIP violence intervention efforts is to reduce group-related violence through a range of ongoing proactive peacemaking efforts and in partnership with VIP Consultants, partners and community stakeholders.

Consultant Activities

1. Consultant shall conduct intervention services and related intervention activities with individuals, groups and networks at highest risk of violence by:
a. Ensuring that the primary focus of intervention strategies and related efforts are established through a combination of the VIP:
i. Service Coordination meetings
ii. Case Review & Conferences
iii. Performance Management meetings
Continuously reviewing intervention assignments, activities and strategies to ensure they reflect the priorities above.

2. Consultant shall ensure effective and high-quality intervention services and related intervention activities with individuals, groups and networks at highest risk of violence by:
a. Building individual and group relationships with those at highest risk of involvement in violence, as indicated by VIP Problem Analysis and Coordination Meeting/Shooting Scorecard.
b. Working proactively to reduce tensions and conflicts that could escalate to violence or lead to retaliation;
c. Responding to violent incidents (in most cases, shootings) on a 24/7 emergency basis:
i. Incident Response: Consultant shall conduct 24-hour Incident Response coverage in and around the assigned area in an effort to reduce gang violence (or other violent crimes as determined by the City Manager’s Office).

Consultant shall respond to incidents of gang violence, and other violent

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crimes as needed, in a manner consistent with the Incident Response Protocol outlined in the Intervention Services Handbook.

Key points:
a) Consultant shall deploy Community Intervention Workers (“CIWs”) to incidents of gang violence and notify VIP Manager via email, telephone, or text.
b) Consultant shall engage families impacted by gang violence. c) Consultant shall engage gang involved individuals.
d) Consultant shall maintain the Triangle Protocol as described in the Intervention Services Handbook.
e) Consultant shall complete incident response reports and log follow up activities in the database system.
f) Consultant shall complete incident response forms.
d. Responding to and following up on any such violent incident in accordance with VIP protocols, including responding to victims of violence who have been hospitalized.
e. Employing violence interruption tools and techniques, such as conflict resolution, mediation, relocation, etc., both on a proactive basis and in response to violent incidents;
f. As directed by the VIP Program Manager, responding to gatherings, such as funerals, peace marches, and other events that spontaneously form in response to violent incidents;
g. Assisting the VIP Program Manager, Community Ambassadors, Case Managers and other VIP partners as they develop and implement:
i. Community engagement plans and strategies focused on groups and neighborhoods at highest risk of violence (as further described in in the Community Engagement section of this document_;
ii. Developing and convening regular/frequent mutual-support meetings, life skills curricula, and complementary informal and formal supports that collectively serve as a “community of support;”
h. Ensuring that the above support, services and activities are culturally appropriate, trauma-informed and, more generally, reflect the priorities and perspectives of

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individuals, groups and networks, neighborhoods and communities that experience disproportionately high levels of violence.

2. Community Engagement
The community engagement component is central to the VIP strategy, particularly the VIP “communication component” as described in the VIP Program Manual. A priority is to draw on the Community Ambassadors’ credibility, leadership and relationships to engage individuals, groups and networks, and residents of neighborhoods and communities at disproportionately high risk of violence in VIP implementation and oversight.

Consultant Activities
Consultant shall ensure the implementation of a high-quality VIP community engagement strategy by:
a. Developing and carrying out community engagement plans and strategies specifically tailored to the community and that include; i. A variety of community events that provide, for example, recreational, cultural, and health and wellness activities designed and incorporated into a cohesive strategy to build an understanding of and support for the VIP strategy.
ii. Related opportunities and pathways that lead to active involvement in and support for VIP program activities, specifically the VIP communication component as directed by the City.
b. Planning and implementing the communication component of the VIP strategy, including specifically the group-based and one-on-one meetings as directed by the City.
i. Promote the voluntary participation in these meetings by individuals at highest risk of violence.
ii. Promote the voluntary participation in these meetings by informal and formal community leaders with a demonstrated commitment to individuals at highest risk of violence.
c. As appropriate, assisting the VIP program manager, case managers, and interventionists with developing and convening mutual-support meetings and complementary activities (including “life skills” curricula) that (i) form a “community of support;” and (ii) are coordinated with the VIP community engagement strategy;
Key points:

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a) Document active gangs affecting the City.
b) Identify, develop and implement strategies to engage active gangs. c) Identify CIW gang engagement assignments.
d) Document the “License to Operate” (“LTO”) of each CIW in respect to the gangs affecting the zone.
e) Document the proposed peacekeeping activities in the area based on gang rivalries and crime/violence trends.
f) Document weekly Safe Passage routes at key elementary, middle and high schools within the zone.
g) Consultant shall submit community engagement plan to VIP Office on a monthly basis.

3. Intensive Case Management
The objective of the case management component is to address each client’s ongoing safety while building a relationship that endures over the long term and provides support in achieving housing stability, progress toward employment opportunities, financial stability, and positive participation in civic life. This requires developing high-quality, intensive case-management relationships.

Consultant Activities
Consultant shall provide intensive case management to individuals at highest risk of violence by:
a) Maintaining an ongoing caseload of a minimum of 25 high risk individuals and no more than 25 secondary prevention individual clients annually. b) Serving these clients through VIP “dedicated” staff (staff assigned to this agreement).
c) Maintaining Case Manager caseloads of up to fifteen (15) clients per worker; d) Ensuring that a minimum of 75 percent of the overall caseload is referred through the VIP: (i) coordination meetings; and (ii) communication & community engagement component directed by the City.
e) Ensuring that the remaining 25 percent or less of the caseload meet the definition of “high risk of gun violence” by having multiple, overlapping risk factors specifically for gun violence, including, for example, involvement in recent shootings and recent weapons offenses, etc.

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f) Continuously reviewing caseloads under the direction of the VIP program manager to ensure they reflect the population directed by the City. g) Conducting a minimum of five (5) high-quality contacts with each client per week, including a minimum of two in-person visits.

2. Consultant shall provide high-quality and comprehensive case management to individuals at highest risk of violence by:
a) Developing and providing intensive case-management support through:
i. “VIP Life Plans” designed to enable high-risk individuals to set personal priorities regarding achieving, for example, educational, employment, financial, and family life goals ;
ii. While prioritizing the safety component of the above VIP Life Plans that focuses to rapidly reducing the risk of involvement in gun violence; b) Assisting clients with conflict resolution, relocation, and life coach mentoring c) Developing and convening regular/frequent mutual-support meetings – including “life skills” curricula and complementary informal and formal supports that collectively serve as a foundation for “community of support;” d) Ensuring that the above support, services and activities are culturally appropriate, trauma-informed and, more generally, reflect the priorities and perspectives of individuals, groups and networks, neighborhoods and communities that experience disproportionately high levels of violence.

Client Services
VIP Intervention Case Management Model identifies two client types – Family Case Management Clients and Transitional Clients. At least 70% of Consultant’s assigned caseload shall be comprised of Family Case Management Clients. Each client type receives a prescribed service model, and Consultant is required to deliver services according to the Intervention Services Handbook and Scope of Services. Consultant is required to deliver Family Case Management services and log all service delivery Transitional Client Services – Phase 1 Services Transitional Client Services are to be provided on a 90 day, 4 Phase Cycle. Phase 1 – Referral and Assessment does not have a timeline. For all clients, the 4 Phase Cycle of services begins on the date of the Initial Client Meeting/Client Enrollment Date.

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i. Consultant shall provide VIP Transitional Client Services (“TCS”) to up to 30% of its total number of Clients.
ii. Transitional Clients are those clients who require coaching and time to adjust to the specific requirements of the FCM Mode—Phase 2 Services. iii. The goal of these services is to prepare clients for FCM services.

Transitional Client Services and referrals are intended to focus on immediate needs and short term goals.
iv. These may include, but are not limited to, referrals to: substance abuse, life skills courses, anger management courses, job readiness/certification programs, and tattoo removal.
v. Short term goals may include obtaining legal identification and other work related documentation, and enrollment in educational or vocational programs.
vi. Consultant is required to deliver TCS services and log all service delivery information into the database system in a manner consistent with the process and policies outlined in the Intervention Services Handbook.

Comprehensive Client Services – Phase 2 Services
i. Consultant is required to implement phase two and provide services to a minimum of 70% of its total number of Clients.
ii. The phase two is designed to take place over a six-month cycle of services divided into seven phases.
iii. Consultant is required to deliver phase two services and log all service delivery information into the database system in a manner consistent with the process and policies outlined in the VIP Handbook.

4. Management and Accountability
Consultant shall ensure quality implementation of the overall VIP program strategy and, specifically, the VIP intervention component by:
a. Providing data and information on the above to the City of San Bernardino VIP Program Manager on, as appropriate, a weekly/semi-weekly/monthly basis in a clear and organized format for inclusion in VIP program performance reviews; b. Employing this case data and information when participating in weekly VIP coordination, case review and strategy meetings;

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c. Actively collaborating with VIP Case Managers, Community Ambassadors and other relevant VIP stakeholders and partners;
d. Fully participating in the initial VIP program strategy planning and implementation process. Specifically, assisting with:
i. The initial survey and assessment of client needs and priorities. ii. At the discretion of the VIP Program Manager, play a role in responding to shootings and resulting hospitalizations during this pilot/planning period in partnership with the VIP Case Managers and Community Ambassadors.
iii. Planning the initial VIP community engagement and relationship- building strategy.
e. Fully participating in all VIP intervention, case management and program trainings and related professional and organizational development opportunities as requested by the VIP program manager.
f. Consultant shall accomplish the following objectives during the contract cycle:
i. Develop a team of 4 hybrid gang interventionist-case management workers. ii. Develop individual family-based service plans each year to a minimum total of 25 high risk individuals between the ages of 14 – 35.
iii. Develop and implement two City-wide proactive peace-making activities per year involving the City’s most active gangs in the Westside, and, two City-wide proactive peace-making activities per year involving the City’s most active gangs on the Eastside.

iv. Develop and implement “cease fire” agreements within impacted communities, around public schools, and parks during summer months.
v. Provide ongoing consultation to the City on gang dynamics and incidents of gang violence.
vi. Respond to all gang related, involved, or motivated violence in the City using the violence interruption protocol.
vii. Participate in nine (9) Community Education Campaigns (3 per year) during the grant cycle regarding empirical evidence for risk factors and behaviors associated with gang joining among youth ages 12-17. Provide early intervention services to 25 individuals under the age of 18.

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All of Consultant’s activities shall be carried out in partnership with the community and other VIP partners.

5. Violence Intervention Program Evaluation
Violence Intervention Program
City of San Bernardino's Violence Intervention Program is designed to reduce community violence citywide by 5% each year, improve outcomes for young people at highest risk by reducing recidivism among program participants by 15%, and to strengthen trust-based working partnerships between the community and police.

The project aims to achieve goals and objectives through a focused deterrence, real-time analysis and coordination of trauma informed culturally relevant intervention and prevention strategies, individual and family case management services, crime suppression rooted in principles of procedural justice, and long-term transitional service plans for individuals. In addition, the project will utilize culturally competent creditable messengers to deliver direct supportive services.

Evaluation Consultant Roles and Responsibilities
Consultant will collaborate with project director, contracted agencies, and the State Evaluator.

Below is a list of evaluation-related activities required to be completed during the implementation period of the grant cycle.
•Consultant, in collaboration with the project director, will establish data security protocols. •Consultant, in collaboration with the project director, will develop measures to assess whether the program is achieving its goals and objectives. •Consultant, in collaboration with the project director, will develop data collection forms, procedures, corresponding data dictionaries and databases. •Project director and Consultant will establish data quality control procedures. •Consultant will train all staff on data collection protocols and use of data collection forms. •Project director and Consultant will discuss potential variables to include in the Quarterly Progress Reports.
•Consultant, in collaboration with the project director, will develop a logic model. •Consultant, in collaboration with the project director, will develop an evaluation design to determine whether the program is having its intended effects. •Consultant and project director will meet on a monthly basis. Schedule to be establish upon effective date.

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•Consultant will collaborate with service providers to monitor the data collection procedures and recommend changes as needed. Any changes should be documented and clearly communicated to all relevant parties.
•Consultant will provide training on data collection protocols, as needed as a refresher or for new staff.
•Consultant will ensure the security of stored data.
•Consultant will receive & monitor incoming data and provide updates, as needed. •Consultant will present findings to date, as needed.
•Consultant will compile and analyze data across the entire grant period.

Data Collection
Consultant will participate in data collection and reporting requirements as described in California Violence Intervention & Prevention Request for Proposals and City’s Grant Proposal.

Data includes:
•Program participant demographics & criminal history
•Case management & other linkages to program services
•Anecdotal data: program service providers & participant experience interviews •Crime stats: gun related homicides, aggravated assaults with a firearm •Proactive community engagement activities
•Conflict mediation & resolution results when appropriate •Referral sources and number of referrals
Best Practice
Consultant shall ensure effective and high-quality evaluation services and relate data collection activities by:
•Pretesting data collection instruments.
•Provide a thorough training to all relevant staff on the data collection tools and procedures. •Provide periodic follow-up training to reinforce existing procedures or when implementing changes.
•Document the training for new staff and follow-up trainings. •Consultation among data collectors throughout the data collection phase of the project

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•Review incoming data on a regular basis. Include an audit of data across multiple data collectors and/or sites.

Reporting Requirements
Consultant will assist project direct submit quarterly progress reports in a format prescribed by the Board of State & Community Corrections. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Quarterly Progress Report Periods Due no later than:

1. July 1, 2022 to September 30, 2022 November 15, 2022

2. October 1, 2022 to December 31, 2022 February 15, 2023

3. January 1, 2023 to March 31, 2023 May 15, 2023

4. April 1, 2023 to June 30, 2023 August 15, 2023

5. July 1, 2023 to September 30, 2023 November 15, 2023

6. October 1, 2023 to December 31, 2023 February 15, 2024

7. January 1, 2024 to March 31, 2024 May 15, 2024

8. April 1, 2024 to June 30, 2024 August 15, 2024

9. July 1, 2024 to September 30, 2024 November 15, 2024

10. October 1, 2024 to December 31, 2024 February 15, 2025

11. January 1, 2025 to March 31, 2025 May 15, 2025

12. April 1, 2025 to June 30, 2025 August 15, 2025
B. Evaluation Documents Due no later than:

1. Local Evaluation Plan January 3, 2023

2. Final Local Evaluation Report December 31, 2025

6. Schedule of Charges & Reimbursement
The City shall disburse one-third of the total awarded funds to consultant. Consultant shall deposit grant funds into a banking account established by Consultant. Grant funds shall not be comingled with any other funds. Any interest earned on the account may only be used for allowable expenses during the grant period.

Consultant shall only use grant funds for allowable costs determined by the City and shall provide statements of expenditures and supporting documentation to the City upon request monthly. When Consultant has expended 80% of the first one-third of disbursed funds, Consultant may request that the City disburse the next one-third of the award.

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The City shall remit the second one-third of the award within 45 days of grantees request provided the grantee has satisfied the terms and conditions of this grant agreement, Consultant has submitted the required documentation of expenditures, and the City has approved the expenditures. When Consultant has expended 80% of the second one-third of disbursed funds, Consultant may request that the City disburse the next one-third of the award.

The City shall remit the final one-third of the award within 45 days of Consultant’s request provided Consultant has satisfied the terms and conditions of this agreement, Consultant submitted the required documentation of expenditures, and the City has approved the expenditures. Consultant is responsible for submitting monthly invoices, along with supporting documentation for every project-related expense in accordance with this agreement.

If Consultant fails to provide supporting documentation for any project-related expense in a monthly invoice, payment of any amount due under such invoice shall be withheld until such time that Con submits the required supporting documentation such as:

Personnel Cost
i. Staff allocation sheet.
ii. Time sheets which reflect the percentages of time worked on VIP related project must be signed the employee and supervisor. Time sheet must be dated within the appropriate pay period. Electronically submitted timesheets are acceptable as long as they contain supervisor approval (wet signed or electronic). iii. Payroll register or copies of processed paychecks. iv. Invoices and proof of payment for fringe benefits (if applicable) must be submitted on a monthly basis.

Contractual Services
i. Signed invoices which reflects the appropriate time period, number or hours being billed (if applicable) and services provided (if applicable) ii. Proof of payment for consultants and vendors address and contact information, a copy of a check and bank statement is required.
iii. For subcontractors, you must submit a copy of a bank statement and cancelled check.

Participant Related Cost
(a) Invoices much include the date, the company name, address, contact information, and itemization of costs. Invoices must be dated within the month for which the expenditure report is being submitted.

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(b) Receipts for purchased items must be dated within the month for which the expenditure report is being submitted.
(c) Proof of payment, which may be in the form of a copy of a check and bank statement. (d) Receipt for gift cards, prizes, gifts, and/or other forms of incentives, and proof of receipt by the client/family member receiving the incentive:

i. Agency needs to submit a form identifying the recipients and amount of gift cards in the monthly expenditure reports.
ii. There must be proof of receipt by the client/family for any gift card that is distributed.
iii. Documentation of receipt must include name and signature or recipient, source and amount of gift card, date of receipt, and relationship to client if the recipient is not a client and a copy of the front and back of each gift card so that the serial number is visible.
(e) Sign in sheets for program events and field trips. Sign in sheet must have event name, date, and location.

Other Cost
(a) Invoices must include the date, the company name, and itemization of costs. Invoices must be dated within the month for which the expenditure report is being submitted. (b) Receipts for purchased items must be dated within the month for which the expenditure report is being submitted.
(c) Proof of payment, which may be in the form of a copy of a check, credit card receipts and bank statement
In-kind Match
(a) All match contributions shall be tracked like all other cost or expense listed above.

Consultant shall submit timely monthly invoices to City for approval. Said invoice shall be based on the total of 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.

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EXHIBIT “B”

GRANT PROGRAM REQUIREMENTS
Consultant shall comply with the following requirements:

1. Non-Discrimination Clause.

During the performance of this Agreement, Consultant and its subconsultants shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)

2. Books and Records.
a. Consultant shall maintain adequate fiscal and project books, records, documents, and other evidence pertinent to Consultant’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the City, the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. b. Consultant shall make such books, records, supporting documentations, and other evidence available to the City, the BSCC or designee, the State Controller's Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Consultant shall provide suitable facilities

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for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

3. Criteria for Non-Governmental Organizations Receiving BSCC Grant Funds The California Violence Intervention and Prevention (CalVIP) Grant Program includes requirements that apply to non-governmental organizations that receive funds under this grant.

All grantees are responsible for ensuring that any contracted third parties continually meet these requirements as a condition of receiving CalVIP funds. Any non-governmental organization that receives CalVIP grant funds (as either subgrantee or subcontractor) must:
•Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the CalVIP grantee;
•Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee-subcontractor fiscal agreement; •Be a nonprofit and recognized by the Internal Revenue Service as a 501(c)(3) organization;
•Employ persons or volunteers that have a minimum of three (3) years of combined experience in implementing violence reduction strategies and have implemented these strategies within the past five (5) years;
•Be registered with the California Secretary of State’s Office; •Have an Employer Identification Number (EIN);
•Have a valid business license, if applicable;
•Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
•Have a physical address in the State of California. (An agent for service of process witha California address is insufficient.)

4. Union Activities
Consultant acknowledges that applicability of Government Code §§16654 through 16649 to this Agreement and agrees to the following:
a. No State funds received under the Agreement will be used to assist, promote or deter union organizing.

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b. Consultant will not, for any business conducted under the Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.
c. If Consultant incurs costs or makes expenditures to assist, promote or deter union organizing, Consultant will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Consultant shall provide those records to the Attorney General upon request.

5. Certification of Compliance with BSCC Polices Regarding Debarment, Fraud, Theft and Embezzlement
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to applicants that have been: (1) debarred by any federal, state, or local government entities during the period of debarment; or (2) convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three (3) years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subcontractor, a requirement that the subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

By entering into this Agreement, Consultant affirms that: (1) Consultant is not currently debarred by any federal, state, or local entity from applying for or receiving federal, state, or local grant funds; (2) Consultant has not been convicted of any crime involving theft, fraud, or embezzlement of federal, state, or local grant funds within the last three (3) years. Consultant will notify the City should such debarment or conviction occur during the term of the Grant contract; and (3) Consultant will hold subcontractors to these same requirements.

6. Executive Order N-6-22 – Russia Sanctions.

Consultant agrees to comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies and grant recipients to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should it be determined if Consultant is a target of Economic Sanctions or is conducting prohibited

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transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement.

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96 City of San Bernardino
Finance Department, Purchasing Division

JUSTIFICATION OF SINGLE/SOLE SOURCE REQUEST

ITEM Description: Violence Intervention Program Services DATE: January 19, 2023

Select Source:
__ __Sole Source: Item is manufactured and/or only distributed by one vendor.

X Single Source: Item is available from several vendors, but item is the only one that will work.

Please answer all questions in detail, in order to prevent delays in the evaluation. Please do not provide one sentence answers. If any additional pages are needed to answer all questions, please attached all pages to this document.

1. Why is the acquisition restricted to this good/service/supplier? (Explain why the acquisition cannot be competitively bid). Please enter answer below:

The acquisition is not restricted to Southern California Crossroads. The City’s Violence Intervention Program currently has three fully funded local non-profit organizations—Young Visionaries Youth Leadership Academy, H.O.P.E. Culture, Inc., and Operation New Hope—providing community violence intervention services. All existing violence intervention program service providers are fully funded by the California Board of State & Community Corrections (BSCC), Violence Intervention & Prevention grant program (CalVIP) and or American Rescue Plan Act funds.

The city has released three “Request for Proposals” within the last four years of program implementation, each RFP was open for 45 calendar days. In the last bid in 2022, the City Council approved $1 million dollars of American Rescue Plan Act Funds as an effort to secure three additional vendors, however, after two bid requests the same three exiting providers prepared and submitted proposals, and, as a result all three received an award funded by the American Rescue Plan Act funds, no other qualified local vendors responded to bid requests.

In addition to local non-profit and existing service provider, Victory Outreach doing business as H.O.P.E.

Culture Inc., Southern California Crossroads’ contract will be fully funded by the California Board of State & Community Correction, Violence Intervention & Prevention grant program.

2. Describe the uniqueness of the purchase (why was the good/service/supplier chosen?) Please enter the answer below:

Southern California Crossroads’ (Crossroads) is minority led, and its mission is to provide safety and healing for individuals and communities who have been impacted by trauma caused by violence.

Crossroads is a non-profit 501c(3) organization with over 18 years of proven capacity, serving underserved youth and young adults in the areas of violence prevention, intervention, hospital-based and school-based services across the county and Southern California. Crossroads has the experience as an violence intervention provider in Los Angeles County and through working with victims of crime in

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97 trauma centers as Hospital Based Violence Intervention providers in 5 hospitals currently. Crossroads currently provides Community Violence Intervention Services in Los Angeles County Parks through Safe Passages, City of Compton, Willowbrook, Lennox, Lynwood, and school-based services in over 20 campuses in Los Angeles County. Crossroads currently provides youth services in Gardena, Watts, and community engagement in North Hollywood. Crossroads is the Hospital Based Violence Intervention provider for California Hospital, Harbor UCLA and St Francis all serving various Gang Reduction & Youth Development Zones. All Crossroads employees are cross-trained in trauma-informed case management and data collection practices.

Crossroads has led and implemented is the Hospital-Based Violence Intervention Program (HBVI) services in Los Angeles. HBVI provides comprehensive case management services to victims of violent crimes that arrive at partner trauma centers. HBVI services begin at the bedside and continue post- discharge. Services include linkages to gang intervention, victim services, employment services, and mental health to help address the psychological trauma and risk of re-injury. HBVI accommodates the needs of clients by working with partners and community-based organizations to provide quality services as well as our Street Outreach Team to prevent further incidents in the community.

Crossroads Victims of Crime Case Managers provide services and support to victims and family with a trauma informed lens and approach. Crossroads understands how critical the period following an incident of violence can be. Victims and family are in a vulnerable state and need advocates to help navigate a process that is not fluid nor forgiving to their circumstance. Crossroads Case Managers will implement the support strategy that includes activating the partners and agreements with law enforcement funeral related vendors, local community-based providers, City and County victims of crime offices. This will reduce the anxiety and further traumatization of a victim and family. Crossroads Case Managers will serve to ensure price gauging is not occurring and will have preestablished arrangements on cost. Additionally, our teams understand that victims and family are in a vulnerable state following an incident of violence and during that state, victim and family can be pulled further into the gang or it can be an opportunity to pull the individuals away from the gang. Crossroads staff work with local community-based organizations and law enforcement to provide and coordinate safe passages.

Crossroads currently works with Los Angeles County District Attorney’s Office to access Victims of Crime resources for clients, connected with various court houses and in constant communication with law enforcement partners.

Southern California Crossroads’ expertise is unique to the City’s Community Violence Intervention capacity building and program expansion into San Bernardino City Hospitals proposed in the CalVIP grant application.

3. What are the consequences of not purchasing the good/service or contracting with the proposed supplier?
If a professional service agreement contract for violence intervention program supportive services is not executed with Southern California Crossroads, the following consequences may occur:

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98 1. The city will fall short of fulfilling contractual obligations with the California Board of State & Corrections

2. Delay in city implementing program expansion into local hospitals.

3. Delay State required program evaluation.

4. Result in unspent grant funds.

4. What market research was conducted to substantiate the single source, including evaluation of other items considered? Please provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternative are either inappropriate or unavailable. The names, addresses and phone numbers of suppliers contacted and the reasons for not considering then must be included or an explanation of why the survey or effort to identify other goods/services was not performed.

Community Violence intervention program services are highly specialized & unique. Although the field is now being recognized nationally, there remains very few local non-profits with the ability to implement community violence intervention program services. As we learned through the last three request for proposals and 4 years of program implementation, there are limited local non-profits with the City of San Bernardino. The City’s current violence intervention services providers are fully funded and at capacity—contracted with City of San Bernardino, Loma Linda University Hospital, San Bernardino County Probation Department, San Bernardino School District, Department of Justice, Bureau of Justice Administration- Project Safe Neighborhoods, and receiving private unrestricted funds.

The current fully funded violence intervention program contracted agencies:

HOPE Culture, Inc.
990 W. Mill Street
San Bernardino, CA 92410
Richard Alanis Jr.
909-501-4406

Young Visionaries Youth Leadership Academy
696 S. Tippecanoe Avenue
San Bernardino, CA 92401
Terrance Stone
909-910-7327

Operation New Hope
323 W. 7
th Street
San Bernardino, CA 92401
Russell Degnan
951-500-2910

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Cities in the State of California that implement community violence intervention program services provide an annual funding of $500,000 a year for the same level of services at the $383,333.00 annual funding we are providing Southern California Crossroads to implement utilizing grant funds.

6. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier.

The contract with Southern California Crossroads does not impact the City general fund. By approving their contract, the City will be able to leverage matching funds—combination of hard (cash) or soft (in- kind)—alleviating the match burden on the city and existing violence intervention program service providers. We will also save on staff time by going with Crossroads

1. _ _____________________ ______________
Department Head Date

2. ______________________ ______________ Approved ☒ Not Approved ☐ (Up to $100,000) Date
Purchasing Manager

Justification: ________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

3. Over $100,000 – must be submitted for City Council Approval with the Purchasing Manager in concurrence.

1/29/2023
fully funded, adding another vendor will increase the program capacity. These agreements do not impact the general fund. They are fully funded by the State Grants and ARPA Funding documents that are in objection to utilizing a Single Source. All vendros are currently decision to move forward with a Single Source Justification. There is no language in the grant No vendor is receiving preferential treatment over any other. This is a valid business the city, have all previously submitted proposals for the same services over the last 3 years.

Purchasing is in agreement that 3 vendors with identical contracts with 01/19/2023

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 1, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely; Interim City Manager;
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Resolution Declaring Intent to Annex Territory:

Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 29, Tax Zone No. 30 (Valley
View Industrial) (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-032 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 29) and authorizing the levy of a special taxes therein.

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

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

Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of

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maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.

The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:
•Public lighting and appurtenant facilities, including streetlights within public rights- of-way and traffic signals; and
•Maintenance of streets, including pavement management; and •City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.

The proposed development includes approximately 3.28 gross acres of a vacant industrial lot. The property is located on S Valley View Ave in between E Central Ave and E Mill St. At build out, this development will include a 65,963 sq. ft. industrial warehouse as a new Tax Zone No. 30 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 30), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $1,294 per acre for FY 2023/24. This tax rate includes a Maximum Special Tax A of $922 per unit per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $372 per unit per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached hereto. If the Property Owners Association (POA) were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Annual Special Tax A and Annual Special Tax B (Contingent) rate are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

Exhibit “H”, attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD and by the POA.

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

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•Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). •Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for April 5, 2023.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $2,767 from Special Tax A to be used to pay for maintenance costs.

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

All costs associated with annexation into the CFD have been borne by the Developer.

By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-032 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 29) and authorizing the levy of a special taxes therein.

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Attachments
Attachment 1 – Resolution of Intention No. 2023-032
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:

Third Ward
Synopsis of Previous Council Actions:

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

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

August 7, 2019: Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

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Resolution No. 2023-032
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RESOLUTION NO. 2023-032

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

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

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 29) AND AUTHORIZING

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

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

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

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

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

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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A, attached hereto, and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 29, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

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

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

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

SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, April 5, 2023, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

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

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

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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday, April 5, 2023, to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of March 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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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. 2023-032, adopted at a regular meeting held on the 1 st day of March 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities Dist rict No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 29 is currently comprised of three (3) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0280-051-11 CIVF VI – CA1W01, LLC
0280-051-12 CIVF VI – CA1W01, LLC
0280-051-15 CIVF VI – CA1W01, LLC

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EXHIBIT B

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

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

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

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

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

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

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

A. DEFINITIONS

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

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

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

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

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

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

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

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

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

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

“City” means the City of San Bernardino.

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

“County” means the County of San Bernardino.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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City of San Bernardino 4
Community Facilities District No. 2019‐1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.

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

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

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

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

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

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

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

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

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City of San Bernardino 5
Community Facilities District No. 2019‐1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

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

TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY

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

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

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

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

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City of San Bernardino 6
Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY

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

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

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

TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY

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

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

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

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

a. Developed Property

(i) Maximum Special Tax B (Contingent)

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City of San Bernardino 7
Community Facilities District No. 2019‐1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 4 below:

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

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

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

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

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

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

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

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

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

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City of San Bernardino 8
Community Facilities District No. 2019‐1 (Maintenance Services) Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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

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

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

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

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

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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

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

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

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

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

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City of San Bernardino 9
Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

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

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

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

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

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

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

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

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

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City of San Bernardino 10
Community Facilities District No. 2019‐1 (Maintenance Services)

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

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City of San Bernardino 11
Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX A

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

COST ESTIMATE

Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2023‐24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019‐1.

TAX ZONE 30
LM 2022‐11

Item Description Estimated Cost
1 Lighting $100
2 Streets $1,652
3 Reserves $15
4 Admin $1,000
Total $2,767

Special Tax B Contingent Services – The estimate in the table below breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2023‐24. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1 Tax Zone 30.

TAX ZONE 30 (CONTINGENT SERVICES)
LM 2022‐11

Item Description Estimated Cost
1 Streets $115
2 Admin $1,000
Total $1,115

TAX ZONE 30
FY 2023‐24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $922 $372

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

TAX ZONE 30
FY 2023‐24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $922 $372

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

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

Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP 17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022‐23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021‐013 2022‐23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022‐23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022‐23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined
27 28 PM 20320 2022‐23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023‐24 $347 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022‐11 2022‐23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022‐23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023‐24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613,
4230 & 4250 2022‐23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC

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

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

Subdivider
33 34 PM 20392 2023‐24 $2,785 / Acre $158 / Acre GWS #7 Development, LLC 34 35 CUP 21‐16 2023‐24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC

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

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

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

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

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

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

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

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

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City of San Bernardino 16
Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX C

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

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0280-051-15
0280-051-120280-051-11

VALLEY VIEW AVE

SANTA FE
ST
HO

LDEN DR
ANNEXATION MAP NO. 29
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)

CITY OF SAN BERNARDINO

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

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

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

THE BOUNDARIES OF WHICH COMMUNITY FACILITIES

DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP

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

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

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

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS

APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN

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

BY ITS RESOLUTION NO. ____________________
______________________________________
___
C

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

CITY CLERK, CITY OF SAN BERNARDINO
CFD 2019-1
TAX ZONE 30
^_
£¤66
·|}þ18
·|}þ330
·|}þ210
§¨¦215
§¨¦10
£¤66

THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR

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

CONCERNING THE LINES AND DIMENSIONS OF LOTS OR

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

ANNEXATION AREA BOUNDARY

PARCEL LINE

CITY BOUNDARY

XXXX-XXX-XX

ASSESSOR PARCEL NUMBER (APN)
30 TAX ZONE

THIS MAP WAS FILED UNDER DOCUMENT NUMBER
_____________, THIS ____ DAY OF _______, 20 ____, AT _____ M. IN BOOK ___ OF __________ AT PAGE ____, AT
THE REQUEST OF _____________________________
IN THE AMOUNT OF $_________

CHRIS WILHITE

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

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

DEPUTY RECORDER

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
30 EXHIBIT D
 
  
 
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EXHIBIT E

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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 29)

NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on March 1, 2023 adopted its Resolution No. 2023-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, April 5, 2023 at the Bing Wo ng Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, Califor nia, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the an nexation of the territory or the levying of the special taxes will be heard. If and to the extent participati on in the April 5, 2023 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, t he means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outs ide of the Bing Wong Auditorium of the Norman F.

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

DATED: ____________, 2023 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2023

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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 29

(April 5, 2023)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowne
r Number of Acres Owned Total Votes
CIVF VI – CA 1W01, LLC 3.28 4

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

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

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than March 22, 2023, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on April 5, 2023, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on April 5, 2023.

Very truly yours,

Genoveva Rocha, CMC, City Clerk

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TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT

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

CIVF VI – CA1W01, LLC
Attn: Kevin Rice
12126 West Sunset Boulevard
Los Angeles, CA 90049

0280-051-11, -12, -15

CITY OF SAN BERNARDINO

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

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

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

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on March 1, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 29 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________

Certification for Special Election Ballot

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

Kevin Rice
V i c e P r e s i d e n t

Signature

Print Name

Title

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PATRIOT- VALLEY VIEW INDUSTRIAL

SITE PLAN EXHIBIT

CFD MAINTENANCE

CFD MAINTENANCE AREA

EXHIBIT H
 
  
 
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DRAKE DR

HOLDEN DR
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AVE

GIFFORD
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SANTA FE ST
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MILL ST

SPRUCE ST

SIERRA W

AYNINTH ST
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE

BASE LINE ST

CEDAR AVE

TIPPECANOE ST

CENTRAL AVE
M

T VERNON AVE

NORMAN RD

PENNSYLVANIA AVE
W
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AN AVE

ACADEMY ST
M
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AVE

COLTON AVE

REDLANDS BLVD

MILL ST
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10 CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 29

PROJECT MAP

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 1, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Investment Portfolio Report for December 2022 (All Wards) Recommendation:

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

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

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

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

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

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

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

All Wards
Synopsis of Previous Council Actions:

N/A

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 1, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for February 2023.

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

The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
Discussion
Gross Payroll
Bi-Weekly for February 2, 2023 $2,736,568.29
Total Payroll Demands: $2,736,568.29 The following check registers are being presented for approval:

January 26, 2023 2022/23 (Register #33) $1,615,975.97
February 2, 2023 2022/23 (Register #34) $1,426,045.30
Total commercial check demands: $3,042,021.27
The following Electronic Funds Transfer (EFT) registers presented for approval:

December 13, 2022 to January 12, 2023 2022/23 (Register #1405-1414) $1,671,865.91 Total commercial EFT demands: $1,671,865.91

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

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

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for February 2023.

Attachments
Attachment 1 Payroll Summary Report for February 2023 Attachment 2 Commercial checks & Payroll Register #33 Attachment 3 Commercial checks & Payroll Register #34 Attachment 4 Commercial EFT Registers #1405-1414 Ward:

All Wards

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 1, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely Interim City Manager;
Ed Erjavek, Library Director
Department: Library
Subject: Library Revenue and Expense Budget (All Wards) Recommendation:

Adopt Resolution No. 2023-033 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting funding of $10,303 from the Inland Library System, $8,671.27 from CTC Technology & Energy and $200 from San Bernardino Emblem Club No. 178.

2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Library including $19,174.27 in both revenues and expenditures.

Background
San Bernardino Public Library (SBPL) has recently received additional revenue from three sources:
•$10,303 from the Inland Library System (ILS) for electronic resources for patrons.
•$8,671.27 overpayment refund.

The Library participates in a consortium that provides internet access to public libraries throughout the state. 90% of the cost is funded by the federal E-Rate program, which provides funding for public libraries to provide internet access to patrons. The majority of the City’s funding is in the form of discounts in the cost of internet services. The $8,671.27 is a refund for an overpayment by the City.

The payment comes from CTC Technology & Energy, which is an independent communications and technology consulting firm that serves as the fiscal agent for this program.

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•A $200 donation was received from the San Bernardino Emblem Club No.178 for children’s projects and/or books.

Discussion
The funds listed above need to be added to the Library revenue and expense budget.

The $10,303 in ILS funds are for e-content and have traditionally been dedicated to purchasing Overdrive eBook and eAudiobook content for library cardholders. The $8,671.27 refunded overpayment is discretionary and will be added to the Library expense budget where it is most needed.

2021-2025 Strategic Targets and Goals
The acceptance and administration of this funding aligns with Key Target No. 1:

Financial Stability and Key Target No. 3: Improved Quality of Life, with customer service.

Fiscal Impact
There is no net impact to the General Fund with this recommendation. The General Fund FY 2022/23 Operating Budget will be amended by $19,174.27 in both revenue and expenditures.

Conclusion
Adopt Resolution No. 2023-033 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting funding of $10,303 from the Inland Library System, $8,671.27 from CTC Technology and $200 from San Bernardino Emblem Club No. 178.

2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Library including $19,174.27 in both revenues and expenditures.

Attachments
Attachment 1 Resolution 2023-033
Ward:

All Wards
Synopsis of Previous Council Actions:

December 1, 2021 The Mayor and City Council adopted Resolution No. 2021- 289 for Fiscal Year 2021/22 1ST Quarter Report including $3,345 of funds from the ILS for electronic resources and $12,000 in unbudgeted E-Rate funding revenue.

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Resolution No. 2023-033
Resolution 2023-033
March 1, 2023

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RESOLUTION NO. 2023-033

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
ACCEPTING FUNDING OF $10,303 FROM THE INLAND
LIBRARY SYSTEM, $8,671.27 FROM CTC TECHNOLOGY
& ENERGY AND $200 FROM SAN BERNARDINO
EMBLEM CLUB NO. 178 AND AUTHORIZING THE

AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES
TO AMEND THE FY 2022/23 ADOPTED BUDGET FOR THE
LIBRARY INCLUDING APPROPRIATING $19,174.27 IN
REVENUES AND EXPENDITURES.

WHEREAS, Accepting funding of $10,303 from the Inland Library System, $8,671.27 from CTC Technology & Energy and $200 from San Bernardino Emblem Club No. 178; and WHEREAS, the San Bernardino Public Library will utilize this funding to increase its materials and resources for its Library cardholders; and

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

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

SECTION 2. The Agency Director of Administrative Services is authorized to amend the FY 2022/23 Adopted Budget for the Library including appropriating $19,174.27 in revenues and expenditures.

SECTION 3.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

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Resolution No. 2023-033
Resolution 2023-033
March 1, 2023

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of March 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. 2023-033
Resolution 2023-033
March 1, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-033, adopted at a regular meeting held on the 1 st day of March 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 1, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Task Order Issued to Willdan Engineering for Augmented Engineering Services Pursuant to Professional Service
Agreement for On-Call Engineering Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California,

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $99,720.00.

Background
On November 16, 2022, the City Council approved a standard Professional Service Agreement with 24 Engineering firms to provide the following services:
•Street Construction Projects that will require DOT Traffic Control Designs •Storm Drain Projects
•Wastewater Projects
•Structural Design and Construction Projects
•Environmental Consulting
•Geotechnical Engineering Investigation
•Surveying Services
•Landscaping Design
•Construction Inspection and Construction Management

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•Architecture
•Civil Engineering
•Mechanical Engineering
•Electrical Engineering
•Plumbing Engineering
•Project Management/Staff Augmentation
The selection of the firms was based on each consultant meeting the pre-qualified requirements, licensing, and certifications without being debarred, suspended, or ineligible from bidding or accepting work from any State of California or Federal contracts.

Discussion
The City of San Bernardino processed 1,020 land development permit applications in year 2022. The number of land development permit applications that the Public Works Department received and processed have increased by 100 percent in the last year from the previous years. These permits include on-site improvement/grading permit, off-site improvement permit, landscape plan permit, ROW encroachment permit, tract/parcel map, lot line adjustment, lot merger, Water Quality Management Plan, best management practices plan, erosion control plan, and stormwater pollution prevention plan. The NPDES program ensures that the City complies with the NPDES and MS4 Program regulated by the California State Regional Water Quality Control Board.

Due to the increased workload of the Land Development Manager who is currently serving as the Acting City Engineer/Deputy Director of Engineering and the high demand of the large volume and many complex land development projects and sensitive NPDES subject matters, staff seeks to issue a task order (Attachment 1- Exhibit B) pursuant to the approved PSA to provide professional engineering and program management services related to managing the City’s Land Development and NPDES Program. This will allow the department to continue implementing the Land Development and NPDES program while maintaining a high level of customer service.

Staff will work with the consultant program managers to continuously improve the land development workflow process and efficiency and to update and implement the post- construction NPDES database and inspection program.

On January 27, 2023, staff requested proposals to provide Land Development and NPDES Programmatic Services. Two (2) responses to the RFP were received on February 10, 2023.

Firm Name Location Proposed Amount
Willdan Engineering Inc. San Bernardino, CA $99,720.00
Transtech Engineers Chino, CA* $126,000.00
Note- Transtech Engineers has a local office in San Bernardino.

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Each firm proposed a different approach to provide the Land Development and NPDES Programmatic Services based on a requested 40 hours per week as indicated in the RFP.

A selection committee consisting of Public Works management level staff reviewed the two proposals and conducted firm interviews. Willdan Engineering received superior ratings in the following categories: necessary related experience, adequacy of staff, depth of understanding of the City’s Land Development and NPDES needs and approach to augment staff.

As indicated in their proposal and further elaborated in their presentation, Willdan Engineering has extensive experience throughout Los Angeles and San Bernardino County and provided an extensive and thorough transition plan which staff found to be effective.

Lastly, it‘s important to note that the approved PSA at the time of preparing the staff report was in the signature routing process. Willdan Engineering will not be issued a Notice to Proceed (NTP) until the PSA is fully executed. 2021-2025 Strategic Targets and Goals
This task order is consistent with Key Target No. 1f: Improved Operational and Financial Capacity - Create an asset management plan. Approval of this comprehensive and formal approach will support the City with the long-term management of capital assets and provide strategic practices to effectively deliver community benefits and economic growth.

Fiscal Impact
As indicated in the November 16, 2022, staff report, any project with a total budget estimated to exceed $50,000 will be presented to the City Council for approval prior to authorizing a notice to proceed on the Task Order.

The recommended task order total is within the City’s approved budget. The budget for the proposed work was previously established through the Adopted FY22-23 Budget in account number 001-400-0030*5502. The following table provides the proposed amount by account.

Account Number Proposed Amount
001-400-0030*5502 $99,720.00
Total $99,720.00
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California,

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2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $99,720.00.

Attachments
Attachment 1 Task Order Willdan Engineering001
Attachment 2 Willdan Engineering Professional Service Agreement Attachment 3 Willdan Engineering Proposal
Attachment 4 Transtech Engineers Proposal
Ward:

All Wards
Synopsis of Previous Council Actions:

November 16, 2022 Mayor and City Council approve On-Call Engineering Service Professional Service Agreements.

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EXHIBIT B

TASK ORDER

Task Order No.: Willdan Engineering001

Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT

Consultant: Willdan Engineering

The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments:

1. Scope of Service

2. Willdan Engineering Proposal

Dollar Amount of Task Order: Not to exceed $99,720

Completion Date: 06/30/23

The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF SAN BERNARDINO Willdan Engineering

Dated: Dated:

By: By:

Daniel Hernandez Adel M. Freij, PE
Director of Public Works Director of City Engineering

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SCOPE OF SERVICE
Program Management services shall include, but are not limited to:

1. Land Development Program
a. Process new land development project applications, collect application fees and development impact fees.
b. Upload completed new applications to Dropbox folders and email consultants and Public Works staff.
c. Coordinate plan check review process with applicant and consultant. d. When plan check is completed and approved, issue construction and encroachment permits, collect permit fees.
e. Schedule and conduct pre-construction meeting.
f. Coordinate construction inspection activities with inspectors. g. Construction completion close-out, as-built plans, bond release. h. Development Environmental Review Committee and Planning projects review and provide comments.

2. NPDES Program
a. Coordinate Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPPP) plan check review process with applicant and consultant. b. Review and approve non-category WQMP, Best Management Practices (BMP) plan, Erosion Control Plan, SWPPP.
c. When plan check is completed and approved, issue construction permit, collect permit fees. d. Schedule and conduct pre-construction meeting.
e. Coordinate construction activities with inspector.
f. Construction completion: WQMP maintenance Agreement signing and recording. g. RWQCB Industrial Permits: regulatory compliance and annual reporting. h. Manage MS4 Permit Compliance and regulatory updates. Respond to illicit discharges.

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City of
San
Bernardino
February 10, 2023
Request for Proposal
Land Development
and NPDES Program
Management Services

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February 10, 2023

City of San Bernardino
Public Works Department
290 North D St
San Bernardino, CA 92401

Attention: Susan Pan, PE, QSD/QSP
Acting Deputy Public Works Director/City Engineer

Submitted via: Email

Subject: Proposal for Land Development and NPDES Program Management Services

The City of San Bernardino (City) is seeking professional engineering and program management services related to implementing the City’s Land Development and National Pollutant Discharge Elimination Systems (NPDES) programs.

Willdan Engineering (Willdan) has been providing specialized solutions tailored to the unique needs of municipalities and other local government agencies for over 59 years and with the City of San Bernardino for 46 years. Our firm's commitment to responsive service and successful project delivery has given us a reputation as a firm that can be trusted to listen and to deliver a product our clients envision and embrace.

The Team - Willdan’s proposed Project Manager, Joseph Bellomo, PE, QSD/P is a Principal Project Manager at Willdan, and he will have overall responsibility for the services we provide. Since 2004, Mr.

Bellomo and his team have implemented and managed all aspects of the municipal NPDES Permit for many Willdan clients. Currently, he provides city engineering services to two cities and manages a team that implements NPDES permit compliance programs for ten municipal clients in three counties under the jurisdiction of two regional water quality control boards. For this contract, Mr. Bellomo will be supported by Emilio De Murga, PE and Johnny Ghazal, PE, QSD/P, both of whom have experience of working for the City and years of land development and plan checking experience. Supporting their efforts will be Kelsey Reed, CESSWI, QSP, HAZWOPER, and a team of highly qualified Environmental Analysts and inspectors capable of managing and implementing all aspects of the municipal, industrial, and construction general NPDES permits.

The Approach - The services Mr. Ghazal currently provide the City coupled with Mr. De Murga’s previous onsite support provided to the City will ensure a seamless transition from the current manager of Land Development and coordination with City personnel and plan checking services. Willdan will provide 40 hours per week of onsite staffing divided between Mr. Bellomo, Mr. De Murga, and Mr. Ghazal, at highly reduced hourly rates. They will be supported by the remaining team offsite. An onsite pres ence will ensure proper communication with City leadership, and directions and guidance are effectively disseminated to the City’s land development and inspection personnel.

The Availability - Willdan has been an integral part of the San Bernardino community since 1977.

Willdan's team will continue to be managed and coordinated through our local full-service San Bernardino office, just 3.5 miles to the City’s office – making Willdan conveniently located and responsive to the City’s requests. Willdan’s comprehensive capabilities will ensure continuity, efficiency, cost effectiveness, quality, and adequate resources – and give the City maximum control over its workload. Willdan has the capacity to rapidly reassign project workloads to an expanded team of subject matter experts from our corporate resources to keep pace with the City’s requirements.

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We greatly appreciate this opportunit y to provide you with our qualifications, and cost proposal for the immediate need, and look forward to answering any questions that you have.

Respectfully submitted,

WILLDAN ENGINEERING

Adel M. Freij, PE
Director of City Engineering

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City of San Bernardino

Proposal for Land Development and NPDES
Management Services
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Company Profile
Willdan Engineering (Willdan), a California corporation since 1964, is a subsidiary of Willdan Group, Inc., a publicly traded Delaware corporation. Services are provided to nation-wide clientele through our subsidiary firms – Willdan Engineering, Willdan Energy Solutions, and Willdan Financial Services – that offer a portfolio of diversified capabilities. Unique to Willdan is our understanding of public agency needs and issues. We have supported the implementation of community visions through planning, engineering, construction management, building and safety, and staff augmentation for over 59 years. Since its establishment in 1964, Willdan has expanded in size, location, and service capabilities. Today, the firm provides a full range of engineering and planning services. Willdan provides civil, special district, and structural engineering; planning; financial and economic consulting; geology and geotechnical engineering; environmental health and safety; and energy efficiency solutions services.

Willdan specializes in solutions tailored to the unique needs of municipalities and other local government agencies. Services range from full-time, in-house staffing to interim or part -time assistance on a project- by-project basis. In addition to the significant portion of our staff that have served in public agency management positions prior to joining Willdan, Willdan has had ov er a thousand assignments with over 90% of the cities and counties in California for building officials, city engineers, county engineers, county roads supervisors, planning directors, traffic engineers, and other public agency staff members. With our depth of experience, expertise, knowledge, and resources, Willdan can offer practical solutions that are timely, cost effective, and that meet the needs of individual communities. The diversity of our staff’s experience is an added value of our professional services.

Our understanding of public agency challenges and needs is what makes Willdan unique . To meet and, on many occasions, exceed the expectation of our clients, Willdan fosters and instills a corporate culture of Customer-First among our staff and in our day-to-day work environment. Looking out for the City's best interests is at the forefront of everything we do. Our customer-focused philosophy is particularly evident when dealing with complex situations and difficult challenges that are hard to resolve.

City’s Current Need
We understand the City is seeking a qualified firm to manage nine (9) City staff and plan check consultants in delivering the land development and NPDES programs. The City processes roughly 1,000 land development permit application s annually and include on -site improvement/grading permits, off -site improvement permits, landscape plan permits, ROW encroachment permits, tract/parcel maps, lot line adjustments, lot mergers, water quality management plans, best management practices plan s, erosion control plans, and stormwater pollution prevention plans (SWPPP).

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Scope of Services
Land Development Program Services
Willdan provides engineering plan review services for a variety of land development projects. The work encompasses revi ew of improvement plans, including street plans, traffic signal plans, striping plans, drainage plans, roadway, sewer, water, grading plans, erosion and sediment control plans and storm water quality and SWPPP documents. The Engineering review is done by licensed civil engineers, with support from technical staff. Our civil engineers draw from their municipal expertise to coordinate the land development review such that all agency conditions of approval, regulatory permitting, engineering standards and po licies are complied with and that good engineering practices are followed in general. This includes performing a project site visit, review, and application of information from the soils, geologic and seismic reports, fire flow calculations, sewer reports, mapping and related documents, easements, cost estimates and planning documents such as approved site plans and conditions of approval. The Willdan team is adept at coordinating a complete land development review from project inception and conditioning through approval and permitting and final as built and acceptance procedures. Willdan has developed a detailed in-house civil review checklist specifically for use on City of San Bernardino projects. Our checklist summarizes the City’s requirements and ex pectations to ensure all review staff perform consistent and comprehensive reviews of each project.

Staff Augmentation
Our understanding of the needs and challenges facing public agencies is unmatched in the industry.

Willdan's professionals often serve to extend our clients' staff as city engineers and other public agency positions ranging from full-time, in-house staffing to interim or part-time assistance. We have highly trained, experienced staff to complete or enhance local agency staffing. A significant portion of our staff has served in public agency management positions prior to joining Willdan, infusing our organization with an in - depth understanding of the issues driving local governments.

Electronic Plan Review
Willdan has long had the ability to provide plan review services electronically, at no additional cost to the City or applicants. The many advantages of our “tree-saving” electronic plan review process includes the elimination of the need for additional computer software or har dware–only an Internet connection is necessary. Electronic plan review services are provided at the request of the applicant or the agency we serve. Submittals are accepted in PDF format and reviewed in Bluebeam. Willdan will review plans and can transmit the redlined plans back to the applicant or designer via the website, along with the plan review comment sheet. This service allows for on-line collaboration between the City, designer and plans examiner to facilitate a complete understanding of plan r eview comments and can reduce shipping, printing, and timelines for plan review processing for the applicant. Our EPR portal also serves as an accurate log of all plans coming in and going out. City staff will have full access to the site and will have the ability to check status, review redlines, comments, etc.

NPDES Program Management
Since the adoption of the first municipal NPDES Permit for Los Angeles County in June 1990, Willdan has provided professional permit and Total Maximum Daily Load (TMDL) management and review services for many municipalities. The following are various levels of services Willdan provides to its clients:

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Program Management – When called upon for help with NPDES Programs, the majority of Willdan’s clients rely on the firm for full permit and TMDL program management services. This typically includes the preparation of fiscal year budgets, reports, and presentations to city staff and city council; preparation of annual reports and presentations to regulators; development and management of service contracts, multiagency agreements, and compliance programs; coordination with watershed partners, regulators and at times non-governmental organizations and managing city service personnel.

Full/Partial Minimum Control Measure (MCM) Implementation – Using a full range of administrative and field activities, Willdan has experience ensuring compliance with the Municipal NPDES Permit – Stormwater Management Minimum Control Measures. This includes compliance activities associated with public information and public participation, industrial/commercial (I/C) facilities, planning and land development, development construction, public agency activities, and illicit discharge/illicit connection management. We also augment our clients existing resources, as well as train city staff to take over NPDES Permit requirements such as inspections or the entire compliance program.

Development Plan Review Services – As part of the project development review process required by past Municipal NPDES Permits as well as the current Permit, Willdan provides professional engineering related review services for public and private projects subject to the conditioning and approval for design and implementation of stormwater mitigation measures. This includes Water Quality Management Plans (WQMP) and Low Impact Development (LID) standards for new development, redevelopment, and SWPPP for compliance with the State’s General Permit for construction activities. As a result, Willdan has a comprehensive understanding of proper site design, source control measures and the ability to implement appropriate best management practices (BMPs).

Watershed Management Plan/Program Group Representation – Willdan has in-depth knowledge of the development and implementation of Watershed Management Programs (WMP). Throughout Willdan’s participation in multiple WMP groups, our staff has negotiated multiagency contracts and agreements, actively participated in the development process of the WMP and its Coordinated Integrated Monitoring Program (CIMP) and has collaborated and participated in meetings with group partners and Regional Water Quality Control Board (Regional Board) staff. In addition, Willdan has assisted in the development of presentations to the Regional Board, multiagency agreements, CIMP implementation, and multiagency cost-sharing formulas.

TMDL Programs and Studies – From the review of Regional Board developed draft Basin Plan Amendments to addressing TMDL requirements, Willdan has years of experien ce. Quite often Willdan finds itself representing multiple clients with a common interest in the same watershed. These situations provide opportunities for our firm to take on lead watershed roles for the betterment of its clients, especially concerning TMDLs. For example, on behalf of the cities of Agoura Hills, Hidden Hills, and Westlake Village, Mr. Bellomo developed and currently manages, the Malibu Creek Watershed CIMP that reduces the cost to each client on common tasks and ensures the issues of the clients are addressed with efficiency. Another example is a project Willdan designed, managed, and inspected installation of Connector Pipe Screens and Automatic Retractable Screens full capture devices for more the 20 municipal clients in southern California putting those clients ahead of the regulatory curve on the State’s Trash Policy and TMDLs.

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Additional Services
Labor Compliance
Willdan has provided Labor Compliance services for over 30 years. Our labor compliance staff have completed monitorin g and enforcement assignments for public agencies throughout California. Willdan’s Labor Compliance Management process has been perfected through continual reviews and updates. It maximizes efficiency and minimizes costs while optimizing client comfort. We provide contractor support by phone and email to insure a smooth process throughout the project. Our team can assist the City in compliance with applicable Federal, State, County, and local labor laws.

Grant Writing and Administration for Local, State and Federal Willdan offers expertise in funding sources to assist our clients with obtaining available funding for current and future capital improvement projects. Our team offers vast knowledge of local/state/federal funding availability, along with administration and procurement requirements, for a wide variety of funding sources. Willdan's staff members have prepared numerous funding and competitive grant applications for various client cities. The a pplications generally require extensive research to investigate facilities and existing conditions, soliciting support from local civic groups, and completing a detailed cost estimate for project implementation. Willdan offers expertise in grant writing an d selecting winning projects. Our submittals have a greater than 50 percent award rate on competitive state and federal grants.

In addition, Willdan's team possesses vast experience preparing and processing required Caltrans forms for local agencies, including state and federal funding forms, checklists, invoices, and reports of expenditures. Willdan has assisted local agencies at various project stages with state and federal funding, from the initiating request to final invoicing. Willdan team members mai ntain quality relations with Caltrans’ District Local Assistance. Willdan offers expertise in grant writing and selecting winning projects. As can be seen in the table below, Willdan has an excellent track record in pursuing and securing state/federal funding for various Cities and Counties in the last five years totaling nearly $45 million. Willdan is thoroughly familiar with regulations pertaining to expenditures of federal, state, county, and local funds, including:
 Arterial Highway Rehabilitation Program (AHRP)
 Surface Transportation Program Local (STPL)
 Safe, Accountable, Flexible, Efficient
Transportation Equity Act (SAFETEA-LU)
 Community Development Block Grant (CDBG)
 Congestion Mitigation and Air Quality (CMQAQ)
 Highway Bridge Program (HBP)
 State Gas Tax
 Active Transportation Program (ATP)
 Highway Safety Improvement Program (HSIP)
 MTA Call for Projects
 Measure M, R and W
 Proposition A and C
 Proposition 1
 Proposition 42
 Proposition IB
 SB1
 Transportation Development Act (TDA)
 Urban Greening
 Various other grant and funding sources
This knowledge is critical in executing projects funded by federal or state programs that have special permitting and reporting requirements. We have worked extensively for and with the CPUC, all Caltrans Districts, Caltrans Division of Structures, Regional Water Quality Control Boards, and the U.S. Army Corps of Engineers. We have processed numerous permits and approvals through FHWA, CPUC, FRA, CTC, CCC, CDFW, RWQCB, etc. We are familiar with funding, permitting, a nd procedural requirements of these Nearly $45
Million in
Funding in the
last 5 years

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agencies and have an excellent working relationship with the essential staff involved in local agency programs. Our contacts with personnel in these agencies enable us to facilitate permit processing and compliance when required.

Key Personnel
For our key personnel, we have selected individuals with extensive expertise and directly related experience to ensure that services provided adhere to company -wide policies including the quality and integrity of project deliverables and team performance. They are supported by a talented technical support team ready to implement successful project delivery. The project manager selected to serve the City is a highly qualified individual with the task-to-talent match to meet the City’s stated goals.

The Project Manager Joe Bellomo, PE, QSD/P , w ill be supported by Emilio De Murga, PE and Johnny Ghazal, PE, QSD/P both of whom have experience of working for the City and possess years of land development and plan checking experience. In a ddition, they will be assisted by Kelsey Reed, CESSWI, QSP, HAZWOPER, and a team of highly qualified Environmental Analysts and inspectors . Additional environmental, engineering, and inspection staff are available should the need arise. The following table and summary of client services illustrates the experience of key personnel and their corresponding services provided to municipal clients.

Services
Team Member
Joe
Bellomo
Emilio
Murga
Johnny
Ghazal
Kelsey
Reed
Mayra
Martinez
Kayla
Urbina
Mohammad
Samiee
Land Development
Experience   
Onsite Staff Augmentation     
Experience Managing Client
Personnel   
NPDES Program
Management   
Full MCM Implementation    
Development Plan Review
Services    
Regional BMP Development
Opportunities  
Industrial/Commercial
Stormwater Inspections     
Trash TMDL Compliance     
Construction Site Inspection     
Post Construction WQMP
Related Inspections     

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Organizational Chart
Below is an organizational chart that highlights the services that will be provided. The three staff members whose names in bold and blue font are the onsite contacts available for day-to-day support.

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Availability
Team Member Title
Onsite
Availability
Per Week
Availability Per
Week
Land Development Personnel
Joe Bellomo Project Manager 10 hours 25%
Emilio Murga City Engineer 30 hours 75%
Johnny Ghazal Senior Engineer 5 hours 20%
NPDES Personnel
Kelsey Reed Environmental Analyst III 20%*
Mayra Martinez Environmental Analyst II 20%*
Kayla Urbina Environmental Analyst I 16 hours 40%
Chris Stone Project Manager III 15%*
Mohammad Samiee, PE, QSD Inspector 15%*
*Variable work week with minimal high priority assignments that could have a greater availability if needed.

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Relevant Experience
We encourage the City to contact the references listed below; they are clients that have received similar services as those we are proposing to provide to the City of San Bernardino.

City of San Fernando
117 MacNeil Street
San Fernando, CA ZIP
Contact: Mr. Matthew Baumgardner
Public Works Director
(818) 898-1237, [email protected]
Dates: May 2012 – Current
Staff: Joe Bellomo, Emilio De Murga, Kelsey Reed, Mayra Martinez, Kayla Urbina Total
Cost:
$300,000 Annually
Services
Provided
Onsite City Engineering/Land Development, NPDES Program Management, Inspection City of Fillmore
250 Central Avenue
Fillmore, CA 93015
Contact: Mr. David Rowlands
City Manager
(805) 524-1500 ext. 209, [email protected]
Dates: September 2017 – Current
Staff: Joe Bellomo, Kelsey Reed, Mayra Martinez, Kayla Urbina Total
Cost:
$4.2 Million through 6/30/2023
Services
Provided
Onsite City Engineering/Land Development, NPDES Program Management, Inspection City of Westlake Village
31200 Oak Crest Drive
Westlake Village, CA 91361
Contact: Mr. Rob de Geus
City Manager
(818) 706-1613, [email protected]
Dates: July 2006 – Current
Staff: Joe Bellomo, Kelsey Reed, Mayra Martinez, Kayla Urbina Total
Cost:
$800,000 Annually
Services
Provided
Onsite City Engineering/Land Development, NPDES Program Management, Inspection

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Fee Proposal
Willdan Engineering
February 10, 2023
Land Development and NPDES Program Management Services
These services shall be compensated based on the current applicable Willdan Engineering hourly rates per the attached respective schedules of hourly rates that will be held unchanged for the 3-year duration of the contract. The following modifications to the standard fee schedule will be applied to specific key staff positions when performing the routine or on -site land development services and NPDES Program Management related services only:

Reduced Hourly Rates
 P rincipal Project Manager – Joe Bellomo, PE, QSD/P ................................ $200.00  City Engineer – Emilio De Murga, PE ......................................................... $175.00  Project Manager – Johnny Ghazal, PE, QSD/P ........................................... $118.00  Environmental Analyst III – Kelsey Reed, CESSWI, QSP, HAZWOPER ........ $145.00  Environmental Analyst II – Mayra Martinez .............................................. $140.00  Sr. Public Works Observer I – Mohammad Samiee, PE, QSD .................... $110.00 Special engineering and NPDES program assignments such as capital projects design, special studies and public works projects that are in addition to the onsite staffing and NPDES program management w ill utilize the standard hourly rate schedules on a following page. For these special assignments, Willdan will submit a work plan to the City for approval describing the scope of work, technical approach, proposed budget, and schedule. Upon approval from the City, Willdan will start work on these projects.

Annual Estimate for Land Development Management Services For the City’s consideration, Willdan proposes meeting the demand for this item with 40 hours per week of onsite staffing. Our plan is to cover Monday through Friday by providing Mr. De Murga three 10-hour days, Mr. Ghazal one 5-hour day, and Mr. Bellomo one 5-hour day, per week. Based on the reduced rates listed above, we are recommending an annual amount not-to-exceed total for this service of $410,000.

Annual Estimate for NPDES Program Management Services
For the City’s consideration, Willdan proposes an annual budget of $160,000 to fully manage the City’s NPDES Program based on current Municipal NPDES Permit as well as the reduced rates listed above and the following table.

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Resumes of Key Staff

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Joseph E. Bellomo, PE, QSD/P
Principal Project Manager

Education:  BS, Civil Engineering, California State University, Los Angeles Registration/
Certification:
 Civil Engineer, CA No. 75564
 Qualified SWPPP Developer (QSD) and Qualified SWPPP Practitioner (QSP) No. 20016 Experience: 25 Years

Mr. Joe Bellomo, prior to joining Willdan, worked in the Department of Health Services for the County of Los Angeles as the Senior Environmental Health Technician for the Bureau of District Environmental Services (DES). The Bureau of DES is responsible for managing impacts to public health at commercial food facilities and housing in Los Angeles County. During his time in DES, Mr. Bellomo transitioned from conducting inspections in the field to administrative responsibilities under the direct supervision of the Bureau Director as the County began the restaurant grading program and reformation of food facility inspections. In January 2004, Mr. Bellomo joined Willdan as a Civil Engineer to work on various aspects of storm water and city engineering. Since his start with the firm, Joe has used his experience and knowledge of the State and Federal National Pollutant Discharge Elimination Systems (NPDES) program to manage compliance for many of Willdan’s clients. The majority of Willdan’s NPDES related clients rely on Joe for full NPDES permit and Total Maximum Daily Load (TMDL) program management services, formally or otherwise. This typically includes the preparation of fiscal year budgets, reports, and presentations to city staff and city council, preparation of annual reports and presentations to regulators; development and management of service contracts, multiagency agreements, and compliance programs; coordination with watershed partners, regulators and non-governmental organizations; and at times managing city service personnel. As a result, Willdan has a comprehensive understanding of NPDES Permit requirements and the best approach to implementation. Mr. Bellomo currently serves as the Deputy City Engineer in Westlake Village and Fillmore, and currently manages a team solely dedicated to providing NPDES compliance services to Willdan clientele.

Summary of Experience
Staff Augmentation/NPDES/Construction Management/Federal Compliance, City of Fillmore, CA. Mr.

Bellomo served as the Deputy City Engineer and was responsible for the implementation of the Capital Improvement Projects, compliance with various regulatory requirements associated with the NPDES program, water and wastewater, parks, and other infrastructure. Mr. Bellomo has managed two rounds of I/C inspections for the City. Services include federal compliance on four project packages of federally funded construction projects. The scope of work includes constructability review of existing construction plan sets, coordination of required design updates to the PS&E, advertise and award the construction contract, provide construction management and varying levels of construction inspection, coordination of multiple stakeholder groups for each project, and full administration of federal funding processing for projects at various stages of approval to secure funds, ensure federal compliance during construction, and invoice Caltrans for reimbursement of funds.

City Engineering and Storm Water Program Management, City of Westlake Village, CA. Mr. Bellomo currently serves as the City’s Deputy City Engineer, however began working for the City in 2004 and served as its Storm Water Program Manager from 2008 through 2018. He has been responsible for providing the City municipal and construction NPDES program management, grant application and contract management, NPDES staff training, program evaluation and reporting, community presentations, staff reports, and budget reports; formalizing multi-agency watershed agreements, compliance with watershed TMDLs, and served as the chair of the Malibu Creek Watershed Management Committee for the past nine years. During this period, Joe has managed six rounds of I/C inspections for the City. Mr. Bellomo served as one of four members that represented the LA Permit Group, a group that comprised of approximately 61 cities in Los Angeles County, in the negotiation of the 2012 Municipal Separate Storm Sewer System (MS4) Permit. This Permit introduced

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the concept of compliance with water quality standards and limits through the development and implementation of watershed management planning. This compliance strategy has since been used by other Regional Boards throughout California, as well as other similar regulatory agencies in other states. While serving as the Stormwater Program Manager for Westlake Village, Mr. Bellomo represented the City’s interest with active participation in vario us Countywide funding programs such as the Integrated Regional Water Management Plan (IRWMP) where Mr. Bellomo currently serves as the first alternate to the Chair of the North Santa Monica Bay Sub-Regional Steering Committee and representative to the Greater Los Angeles County Regional IRWMP Leadership Committee; alternate to the Executive Director of the Las Virgenes - Malibu Council of Governments seat on the Safe, Clean Water Stakeholder Advisory Committee that’s responsible for the development of Measure W; and served in technical groups such as the Los Angeles Permit Group, the Watershed Management Modeling System Advisory Committee. His active participation beyond the City’s boundaries ensures the best decisions and outcomes are made for the City.

Water Quality/ NPDES Compliance Services, City of San Fernando, CA. Project Manager. Willdan implements the City's Enhanced Watershed Management Plan, Coordinated Integrated Watershed Management Plan, and NPDES permits. We attended meetings on behalf of the cl ient and provided document review. Willdan was support staff with City Council report and presentations. Willdan also conducted as needed briefings to the public, city staff, and City Council.

Stormwater Program Manager, City of Canyon Lake, CA . Project Manager. Willdan is responsible for full compliance with the Municipal NPDES Permit, Total Maximum Daily Loads (TMDLs) in the Lake Elsinore and Canyon Lake Watershed, as well as other NPDES regulations. Duties include developing a stormwater pollution prevention plan (SWPPP) and Low Impact Develop plans for City projects, review and conditioning private development plans, review and approval of WQMPs, developing and implementing special monitoring studies to evaluate the City’s drainage and contribution rel ative to TMDLs for downstream waterbodies, and developing storm water treatment approaches.

Water Quality Services, City of La Cañada Flintridge, CA. Project Manager. Willdan implements the City's Enhanced Watershed Management Plan, Coordinated Integrated Watershed Management Plan, and NPDES Program Management and is the representative to the Upper Los Angeles River Enhanced Watershed Management Program Group. We attended meetings on behalf of the client, documented review and were support staff with City Council report and presentations. Willdan also conducted as needed briefings to the public, city staff, and City Council.

Water Quality Consultant Services, City of Hidden Hills, CA. Project Manager. Willdan is responsible for full compliance with the Municipal NPDES Permit, Total Maximum Daily Loads (TMDLs) in the Los Angeles River Watershed and Malibu Creek Watershed, as well as other NPDES regulations. Duties include developing a stormwater pollution prevention plan (SWPPP) and Low Impact Develop plans for City projects, review private development plans, developing and implementing special monitoring studies to evaluate the City’s drainage and contribution relative to TMDLs for downstream waterbodies, and developing storm water treatment approaches.

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Emilio Murga, PE
City Engineer

Education:  California State University, Northridge
 LA Valley Junior College
Registration/
Certification:
 Civil Engineer, CA No. 54420
Experience: 34 Years

Mr. Emilio M. Murga joined Willdan in 2001 and has since provided project management, contract administration, supervision of public works inspectors and City staff, coordination of various agencies and consultants, and city engineering services to the Cities of Lawndale, Covina, San Marino, Hawaiian Gardens, San Fernando, San Bernardino, and West Covina on an as-needed basis. He has assisted the City Engineer of the Cities of South Gate, Bell Gardens, Maywood, and Inglewood on various projects, including implementing and administering the design and construction of various capital improvement projects.

Mr. Murga is fluent in the Spanish language.

Summary of Experience
Development Review Services, Cit ies of Inglewood, Lynwood, and South Gate, California. Mr. Murga provides development review services for these cities which includes the following:
 Prepare Public Works development conditions (offsite improvements, traffic, street lighting, water, sewer, drainage, storm drains, NPDES, subdivision requirements, etc.). Issue public works permits to private development and utility companies. Provide public works inspections for offsite improvements and others.
 Close out public works permits and development projects. Ascertain public works development conditions are met and completed.
 Review of development projects from initial proposals to final plans, parcel maps, tract maps, site plan reviews, etc. Process parcel maps and tract maps, prepare conditions, coordinate with developers and private engineers.
 Attend Planning Commission and City Council meetings to explain public works development conditions. Coordinate with the Community Development Department, Fire Department, Police Department, City of Utilities, utility companies, and other City departments, etc.  Review required engineering studies (drainage, traffic, parking, soils, etc.).  Provide coordination with City utilities and utility companies.

Consulting City Engineer, City of San Fernando, California. Mr. Murga provides city engineering services and project manager services to include preparation of offsite improvements and development conditions, review and process lot line/lot mergers, parcel and tract maps, review and process street vacations and right -of-way dedications, provide engineering construction management for CIP projects and private developments, coordination with CIP granting agencies and utilities.

Consulting City Engineer , City of West Covina , California. Mr. Murga coordinated engineering development acti vities, processed parcel and tract maps, offsite improvements, and conditions, coordinated the design and construction of CIP projects, coordinated Public Works maintenance activities, traffic engineering tasks, reviewed/process 56 -unit condo. Development on Sunset Ave., Porto’s Bakery and Café development project.

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Consulting City Engineer, City of San Bernardino, California. Mr. Murga coordinated CIP projects, public works inspection activities, assessment districts, engineering traffic matters, development activities, including site plan reviews, and grading plans.

City Engineering Services City of Lynwood, California. Mr. Murga’s extensive public works experience was gained during his tenure with the City of Lynwood, a City with a population of 80,000, where he served as the Director of Public Works for 8 years and 4 years as Assistant Director of Public Works. He also held the positions of Assistant and Associate Civil Engineer for 6 years while with that City. Mr. Murga was employed with City of Lynwood for two tenures. First tenure, From September 1980 to April 1998. Second tenure, May 2013 to November 2014. Retired from City of Lynwood November 2014.

Assistant City Engineer, City of South Gate, California. Mr. Murga oversaw the Engineering Division, CIP program and a staff of eight engineers, support staff and public works inspector. Responsible for implementation of $40 million CIP program, preparation of RFPs for consultant selection for design, construction engineering and inspection. Overseeing the preparation of designs by consultants and staff.

Preparation of City Council reports, resolutions and ordinances, coordination with the City Attorney’s office. Preparation of site plan reviews, parcel maps and development c onditions. Subdivision process, attend Planning Commission meetings to explain and answer questions regarding public works conditions.

Oversee the issuance of public works conditions and permits, inspection of private, utility, and public improvements. Oversee the City’s NPDES program, coordinate with City’s NPDES consultant. Prepare and coordinate applications by staff and consultants of various Federal and State grants (Call for Projects, EDA, HSIP, etc.). Oversee department’s budget, prepare CIP ann ual budget, prepare multi -year CIP program.

Aid on engineering matters to other City Departments. Prepare employee evaluations and address personnel issues, interview and hire employee replacements. Prepare annual Street Lighting and Landscape Assessment District. Update annual public works fee schedule. Review EIR/EIS for the I-710 Fwy. Project. Review various traffic and residents’ complaints and request, proposed solutions and recommendations. Coordinate with Caltrans, Metro, LACDPW, Los Angeles C ounty Sanitation District, UPRR, Central Basin Water District, etc. Involved on the following CIP projects: Firestone Boulevard/Atlantic Avenue Project, $8 million; Firestone Boulevard/I -710 Fwy. Bridge Widening, $14 million; Water and Sewer Improvements Project, $5 million; Safe Route to School, Cycles 1, 2, 8 and 9; $3 million; Park Improvements Project, $4 million; Firestone Beautification Project, $15 million; LED Street Lighting Conversion Project, $3 million; Traffic Signal Improvement Project, $2 million.

Engineering Services - City Engineer, City of Lawndale, California. Mr. Murga served as City Engineer and acting Director of Public Works during the Director’s absence. The assignment involved implementing capital improvement projects, issuing Request for Proposals (RFPs) for various consultant services, supervising public works inspections, implementing CDBG projects, supervising the Department of Public Works, handling the Traffic Committee, attending City Council meetings, City Manager’s staff meeting, managing department budget, and expenditures, coordinating with other City departments, coordinating development, public works improvements, addressing citizens’ complaints, implementing NPDES procedures, etc. Mr. Murga currently serves the City as Project Manager for the City’s Capital Improvement Program.

Engineering Services - City Engineer , City of San Marino, California. Mr. Murga was responsible for providing city engineering services to the City. Mr. Murga’s responsibilities included preparation of CIP program; advising City of funding/grant opportunities; preparation of RFPs for various services; assisting with project coordination and inspections; approve CIP progress payments; aid related to Subdivision Map Act; review and approve grading plans.

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Johnny Ghazal, PE, QSD/P
Civil Plan Review

Education:  BS, Civil Engineering, California Polytechnic State University, Pomona Registration/
Certification:
 Civil Engineer, CA No. 76395
 Qualified SWPPP Developer (QSD) and Qualified SWPPP Practitioner (QSP) No.00849 Experience: 18 Years

Mr. Johnny Ghazal is a Project Manager at Willdan with over 18 years of diversified civil engineering experience throughout California covering public works and private sector projects. His private sector experience includes the design of master planned communities involving the preparation of tentative tract maps, grading plans, improvement plans for streets, water & sewer, and storm drain facilities. Mr.

Ghazal's public sector experience includes the design of capital improvement projects for various County and City jurisdictions involving street & storm drain improvements, plan review services, and City engineering services.

Mr. Ghazal has assisted many jurisdictions with NPDES related compliance efforts involving preparation and review of stormwater permit documents and inspection as it relates to both MS4 and Construction General Permit requirements.

Summary of Experience
Civil Plan Check Services. Mr. Ghazal provides plan check services for multiple jurisdictions throughout California. He is responsible for reviewing both private developer and capital improvement projects.

Current and recent review services include Grading & Erosion Control Plans, Storm Drain Plans, Dra inage Studies, Water & Sewer Improvement Plans, Street Improvement Plans, and Water Quality Management Plans (WQMP) for the following agencies:
 City of Fontana
 City of La Quinta
 City of Grand Terrace
 City of Rialto
 City of Moreno Valley
 City of Lake Elsinore
 City of San Bernardino
 City of Highland
 City of Loma Linda
 March Joint Powers Authority
 San Bernardino Associated Governments
 County of San Bernardino
 Morongo Band of Mission Indians
City Engineering Services, City of Grand Terrace. Mr. Ghazal served as Consulting City Engineer having responsibilities for planning level reviews for conditions of approval, development plan reviews of private projects, and review of capital project improvement plans. Mr. Ghazal worked closely with the City's public works director on capital Improvement projects with responsibilities including preparation and issuance of RFP’s, bidding assistance and project management for street improvements throughout the City. Mr. Ghazal also assisted the City with their municipal NPDES compliance efforts.

On-Call Construction Management and Permit Support, Watershed Conservation Authority, California.

As the civil design lead for stormwater compliance on various park projects, Mr. Ghazal was responsible for preparing Erosion and Sediment Control Plans (ESCP) per Los Angeles County requirements and preparation of Storm Water Pollution Prevention Plans (SWPPP) for compliance with the State’s Construction General Permit. Services also included onsite inspections and submittal of permit documents (SWPPP annual reports, Notice of Terminations) into California’s SMARTS system.

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City of San Bernardino

Proposal for Land Development and NPDES
Management Services
Page | 20
Chris O. Stone, PE
Project Manager II/Civil Plan Review

Education:  Graduate Course, Mathematics, Oregon State University  Graduate Course, Engineering Mechanics, Montana State University  BS, Civil Engineering, Montana State University
Registration/
Certification:
 Civil Engineer, Nevada No. 12379
 Civil Engineer, Arizona, No. 55200
Experience: 15 Years

Mr. Chris Stone possesses expertise in transportation and traffic engineering, street and roadway engineering, water and wastewater engineering, flood control hydrologic and hydraulic engineering, tract map and parcel mapping, grading, and structural engineering. He has participated in all technical aspects of projects, including preliminary engineering study and design; preparation of plans, specifications, and estimates; and peer review. His managerial experience includes client relations, project pursuit, proposal preparation, project technical and budgetary control, and invoicing.

Summary of Experience
Engineering Plan Review, Various, CA. Project Engineer responsible for reviewing engineering plans and documents submitted by developers to the Agency for plan review. Documents reviewed have included grading plans, rough grading plans, erosion control plans, drainage reports, Low Impact Development (LID) reports, storm drain plans, stormwater pump station design plans, street improvement plans, sanitary sewer plans, sanitary sewer area studies, water distribution plans, and encroachment permit applications. The documents are reviewed for conformance with City standards supplemented by the Standard Plans and Specifications for Public Works Construction (Green Book) and Caltrans Standard Plans. Reviews have been completed in both hard copy and electronic formats. Comments are returned to the applicant as redlined plan comments and in a plan review comment document. Subsequent reviews are performed to ensure that corrective actions have been performed by the applicant to adequately address the comments. When completed, the documents are stamped as “approved” and returned to the City.

Reviews have been performed in the past 2 years for the following Southern California agencies:
 Bell
 Brea
 Cerritos
 El Monte
 Fillmore
 La Canada Flintridge
 La Quinta
 Los Alamitos
 Manhattan Beach
 Goleta
 Rolling Hills Estates
 Rosemead
 San Bernardino County
 Rolling Hill
 Simi Valley
 Ventura
 West Covina
 Paramount

Mall Plan Check Services, City of Manhattan Beach, CA. Project Engineer. Willdan is the project manager providing Plan Check and Inspection Services for the Manhattan Beach Mall Expansion Project that involves all disciplines from Building and Safety, Planning, Civil and Geotech. Coordination is made through City staff and Willdan reviewers, as well as close coordination with the development team. There are weekly meetings, and all conditions of approval are reviewed for completion.

Alameda Landing Plan Check, City of Ala meda, CA. Project Manager. Performed plan checks for grading, street, drainage, and water quality. The project is on the former Alameda Naval Air Station and is a mixed -use project to include commercial and residential components. The development agreem ent required extensive infrastructure improvements to support the project. All major components of public infrastructure including water, wastewater, electrical, gas, storm drainage, stormwater treatment, roadway, and traffic facilities were involved. Responsibilities included site visits; technical review of models, studies, improvement plans and detailed drawings for compliance with city, district, state, and Federal standards and criteria; assuring that the intent of studies are fulfilled in design and represented by design submittal; providing timely comments and recommendations for corrective actions through a Plan Review Memo; meeting with developers and consultants to clarify requirements; and reviewing re - submittals to ensure that corrective actio ns are undertaken. The entire review process was conducted utilizing a proprietary electronic plan review system.

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City of San Bernardino

Proposal for Land Development and NPDES
Management Services
Page | 21
Kelsey Reed, CESSWI, QSP, HAZWOPER
Environmental Analyst III

Education:  BS, Environmental Science and Resource Management, California State University, Channel Islands Registration/
Certification:
 Qualified Stormwater Practitioner, California Stormwater Quality Association No. 25680  Certified Erosion, Sediment and Storm Water Inspector, EnviroCert International, Inc. No. 4574  Rainwater/Stormwater Post-Construction BMP Inspection & Maintenance Certification  Certified Hazardous Waste Operations and Emergency Response (HAZWOPER) Experience: 8 Years

Ms. Kelsey Reed has stormwater and public agency experience working for Willdan Engineering and previously for the City of Camarillo. Ms. Reed now works with a variety of clients, assisting with stormwater compliance services that vary from site inspections and illicit discharge response to funding assistance and council report development.

Summary of Experience
NPDES/City Engineering Services, City of Westlake Village, CA . Ms. Reed has served as the City’s Stormwater Program Manager for over four years. As an offsite extension of City staff, Ms. Reed ensures the City is in compliance with the various minimum control measures of the MS4 Permit. This includes construction s ite BMP inspections, illicit discharge response and resolution, annual training, public outreach, and commercial and industrial site inspections. In addition to MS4 Permit compliance, Ms. Reed actively represents the City’s interests at various stormwater meetings, such as the Malibu Creek Watershed EWMP Group, and provides careful reviews of watershed and regulatory documents. Ms. Reed played an active role in the review and comment of multiple drafts of the Regional MS4 Permit and ensured the City was informed during the process. With the passage of Measure W in 2018, Ms. Reed ensured the City was prepared to receive municipal return funds, including the development of annual plans and council reports. Additionally, Ms. Reed continues to provide MS4 Permit annual reporting services to the City, including the review and comment of the Malibu Creek Watershed EWMP Watershed Annual Report.

NPDES/EWMP Consulting Services, City of San Fernando, CA. Ms. Reed has played an active role MS4 Permit compliance support staff to the City. She routinely provides NSW outfall screening and source identification, annual report preparation, public outreach, and annual City staff training. Additionally, Ms.

Reed represents the City’s interests in the Upper Los Angeles River Wat ershed EWMP Group and the Los Angeles Permit Group. During the Regional MS4 Permit adoption process, Ms. Reed provided a thorough review of the working and tentative drafts and provided comments on behalf of the City. Ms. Reed previously assisted with the City's Proposition 1 application for the San Fernando Regional Park project that provided $450,000 in design funds.

Stormwater Program Management, City of Agoura Hills, CA. Ms. Reed has been responsible for as-needed assistance with MS4 Permit compliance. This includes NSW outfall screening, commercial facility inspections, construction site BMP inspections, and annual reporting. Additionally, Ms. Reed keeps the City informed of critical stormwater regulatory and watershed -based developments and represents the City’s interests as-needed at various stormwater meetings.

City Engineering and Support NPDES Services, City of La Puente, CA. Ms. Reed provides as -needed stormwater compliance services to the City. this includes compliance with MS4 Permit and reporting requirements. Ms. Reed helped to develop the City’s response to the 13383 letter to address the State Trash Policy and provides assistance with Measure W obligations. When requested, Ms. Reed provides City representation at the Upper San Gabriel River EWMP Group and other various meetings.

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City of San Bernardino

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Management Services
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Stormwater Program Management, City of Fillmore, CA. Ms. Reed provides partial MS4 Permit compliance services to the City. This includes commercial and industrial inspections, annual staff training, annual reporting services. Ms. Reed represents the city’s interests in the Ventura County Stormwater Management Committee and Santa Clara River Watershed Group and updates staff of critical information and deadlines as it pertains to the groups. With the recent adoption of the Regional MS4 Permit, Ms. Reed has attended various meetings regarding the possibility of watershed management program (WMP) development; she provides key information to the City that will help guide the City to make the critical decision to join a WMP or not.

NPDES/Water Quality Consultant Services, City of Hidden Hills, CA. Ms. Reed has supported the City with MS4 Permit compliance for over 6 years. Her duties have varied from annual report preparation to compliance with minimum control measures. She annually helps the City demonstrate compliance with the LA River Trash TMDL through the implementation of a daily generation rate study. She additionally provides NSW outfall screening and source identification, illicit discharge response, and construction site inspections. Ms. Reed has served as an advocate for the City in various stormwater groups and meetings, such as the LA Permit Group, ULAR and MCW EWMP Groups, and funding committees.

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City of San Bernardino

Proposal for Land Development and NPDES
Management Services
Page | 23
Mayra Martinez
Environmental Analyst II

Education:  BS, Environmental Science and Resource Management, California State University, Channel Islands Registration:  American Red Cross First Aid/CPR/AED
Experience: 7 Years

Ms. Mayra Martinez has previously worked for a consulting firm and local government agencies where she provided support on sustainable practices including best management practices for agriculture in Ventura County. In the last year, Ms. Martinez has focused her expertise t o water quality and conservation, joining Willdan in February 2020 to work primarily on stormwater quality compliance.

Relevant Experience
NPDES Consulting Services, City of San Fernando, CA. Ms. Martinez has played an active role in ensuring NPDES Permit compliance to the City. She has assisted with implementation of the NPDES Permit, watershed program, and monitoring program. She has performed various non -stormwater outfall inspections, public outreach, and provides annual staff training on the Planning and Land Development Program, Construction Development Program, and Illicit Discharge Program requirements of the MS4 Permit. She has also supported the trash daily generation rate study, to demonstrate compliance with the Los Angeles River Trash TMDL. Ms. Martinez also represents the City’s interest in the Upper Los Angeles River Watershed Group and attends meetings on the City’s behalf, provides report and document review and comment, and updates the City on critical deadlines, milestones, and required actions.

NPDES Consulting Services, City of La Cañada Flintridge, CA. Ms. Martinez has actively supported the City’s stormwater program by actively ensuring NPDES Permit compliance to the City. She has assisted with the implementation of the Upper Los Angeles River watershed and monitoring program and the MS4 Permit. Ms. Martinez has performed non -stormwater outfall inspections and provides annual staff training on NPDES required minimum control measures . In addition, she has also attended meetings on behalf of the City and provides review and comment of documents related to the City’s watershed program and Los Angeles Regional Water Quality Control Board. Ms. Martinez reports to the City on critical material and timeframes to ensure all work is complete and deadlines are met.

NPDES Consulting Services, City of Hidden Hills, CA. Ms. Martinez has provided support to the City to ensure MS4 Permit compliance. She has performed pre and post rain event construction site BMP inspections, non-stormwater outfall screening, and illicit discharge investigations. She has also prepared annual staff training on MS4 Permit related material, as applicable to the City. In addition to MS4 compliance, Ms. Martinez has represented the City’s interest in the Upper Los Angeles River and Malibu Creek watershed groups and provides review and comment of related material on the City’s behalf.

NPDES Consulting Services, City of Westlake Village, CA. Ms. Martinez has actively supported the City’s MS4 Permit compliance efforts over the past two years. She has ensured the City is in compliance with the various minimum control measures of the MS4 Permit. This includes construction site BMP inspections, non -stormwater inspections , illicit discharge investigations, and annual staff training. In addition, Ms. Martinez supports the City’s watershed program and monitoring program and provides review and comment of watershed program material on behalf of the City. Ms. Martinez reports directly to City staff to provide updates on meetings, reports, and documents and maintains an open line of communication to ensure all deadlines are met.

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City of San Bernardino

Proposal for Land Development and NPDES
Management Services
Page | 24
Kayla Urbina, EIT
Environmental Analyst I

Education:  BS, Environmental Engineering, University of Southern California Registration:  American Red Cross First Aid/CPR/AED

 California Engineer-in-Training (EIT) No. 176660
Experience: 2 Years

Ms. Kayla Urbina joined Willdan in 2022 to work primarily as onsite contract staff for the City of San Fernando and assists the NPDES team with stormwater compliance services. Prior to her experience at Willdan, she worked as an intern for the City of San Fernando’s Public Works Department and as a Civil and Environmental Engineering Department grader while completing her degree.

Relevant Experience
NPDES Consulting Services, City of San Fernando, CA . Ms. Urbina has played an active role in ensuring NPDES Permit complian ce to the City. She has assisted with implementation of the NPDES Permit, conducts non-stormwater outfall inspections, conducts public outreach for upcoming city projects and potential grant opportunities, and performs routine construction inspections for the San Fernando Regional Park Infiltration Project, a ULAR EWMP Regional Project. She also represents the City’s interest in the Upper Los Angeles River Watershed Group and attends meetings on the City’s behalf such as the Los Angeles Permit Group Meeting, and MS4 related workshops. Additionally, Ms. Urbina provides administration assistance to the City of San Fernando Public Works Department including composing engineer’s reports and coordinating with contractor and inspector for Pico Street Improvement P roject and collaborated with consultants to ensure preparation of bid package is on schedule for Glenoaks Bridge Pedestrian Fencing Project. Perform field checks and research traffic calming measures for Safe Routes to School Project (Cycles 1 & 2).

NPDES Consulting Services, City of La Cañada Flintridge, CA. Ms. Urbina assists the City with stormwater compliance. She has performed non-stormwater outfall inspections, attended meetings on behalf of the City, and has assisted in the development of the City’s NPDES annual report.

NPDES Consulting Services, City of Hidden Hills, CA. Ms. Urbina assists the City with implementation of the NPDES Permit. She has attended meetings on behalf of the City, and has assisted in the development of the City’s NPDES annual report.

NPDES Consulting Services, City of Canyon Lake, CA. Ms. Urbina has actively supported the City’s efforts towards MS4 Permit compliance over the past year. She has represented the City’s interests in watershed groups such as the Lake Elsinore/Canyon Lake TMDL Task Force and provides review and comment of related material on the City’s behalf. She has also assisted the City with completion of annual reporting required by state and federal regulations.

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City of San Bernardino

Proposal for Land Development and NPDES
Management Services
Page | 25
Mohammad Samiee, PE, QSD
Construction Manager/Public Works Observation
Profile Summary
Education:  MS,Computer Science, West Coast University, Los Angeles, California  BS, Civil Engineering, California State Polytechnic University at Pomona Registration:  American Red Cross First Aid/CPR/AED

 Civil Engineer, California, No. 46172
 Registered QSD, California
Experience: 28 Years

Mohammad E. Samiee, PE, has more than 28 years of engineering experience including field engineering, management and operations, contract administration. In addition to public works and infrastructure projects.

Mohammad has also supervised and reviewed geotechnical and grading reports, including preliminary geotechnical studies for residential and commercial buildings su ch as level and hillside projects, drilling, sampling, continuous logging laboratory testing and analysis of collected field and office data. His duties have included verification of bottom of excavations prior to fill replacement; grading inspection; identifying groundwater; unstable slopes, faults, ground substance and collapse; flood plain; and regional seismicity with adverse impact to the project, as well as preparation of geotechnical reports with conclusions and recommendations.

Relevant Experience
San Bernardino Plan and Project Review, City of San Bernardino, California. Assistant Construction Manager.

Willdan reviews private developer projects spanning both on-site and off-site improvements. Review services cover Final Parcel and Trac t Maps, lot line adjustments, grading & erosion control plans, storm drain plans, hydrology, water & sewer improvement plans, street improvement plans, signing & striping plans, traffic signal plans, storm water pollution prevention plans (SWPPP), and water quality management plans (WQMP).

On-Call Public Works Services, City of Rialto, California. Assistant Construction Manager. Willdan was responsible for providing construction support services on various city projects during construction, including the Community Resource Center Project. This project involved the installation of ADA accessible pedestrian entrance ramps, an ADA-compliant path of travel, and adjacent parking lot improvements. Total construction cost was approximately $85,000.

County of Los Angeles Department of Public Works, On -Call Resident Engineer, Construction Inspection and Welding Inspection Services, Los Angeles, CA. Resident Engineer. Providing construction inspection, resident engineer, and welding inspection services to the County of Los Angeles on an as- needed basis, His responsibilities include construction inspection, oversight, and enforcement of compliance with contract documents for construction of various department roads, sewers, water, traffic signals and flood control projects. Mohammad is responsible for bridge construction, rehabilitation, widening or seismic retrofit; dam rehabilitation; storm drain and sewage pump plant construction or rehabilitation; major road reconstruction; construction of major storm drain systems; and other public works projects. His duties include preparing and processing change orders, daily logs and working statements; collecting work records; maintaining accurate records of work completed for payment purposes; conducting employee interviews; preparing as - built plans; and performing other associated contract administration tasks.

County of Los Angeles, Federal Emergency Management Agency (FEMA) Road Storm Damage Repair Project, Tuna Canyon Road, Malibu, CA. Resident Engineer. For a project which involved storm damage repair for a portion of Tuna Canyon Road, Mohammad was responsible for management and control during construction of a large retaining wall with texture using tiebacks, caissons/grade beam system to support the road. His duties also included coordination of the project with the County of Los Angeles and performing quality assurance inspection.

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650 E. Hospitality Lane, Suite 400
San Bernardino, CA 92408-3586
909.386.0200 | 800.789.7517 | Fax: 909.888.5107
www.willdan.com

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1 ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND WILLDAN ENGINEERING
This Agreement is made and entered into as of March 1, 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 Willdan Engineering, a CORPORATION with its principal place of business at 2401 E. Katella Avenue Suite 300, Anaheim, CA. 92806 (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:

Civil Engineering Design, Consulting and Project Management Services for:

1. Civil Engineering Design

2. Traffic

3. Structural Engineering

4. Environmental

5. Geotechnical Engineering

6. Survey

7. Landscape Consulting Services

8. Inspection and Management of Construction Project

9. Project Management/ Staff Augmentation
(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.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No

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2 services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”.

4. Compensation.
a. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 2(b) below.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of $50,000 per assigned task order. 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.

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 July through July immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.

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3 6. Term. The term of this Agreement shall be from March 1, 2023, to November 16, 2027, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of a Task Order from the City to proceed.

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.

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

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5 in connection with their performance under this Agreement and as required by law.

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

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

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.

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6 (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 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)

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7 At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.
g. Minimum Policy Limits Required
(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.

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8 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.
(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

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9 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 same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.

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

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11 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.

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.

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12 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.

27. Organization. Consultant shall assign Fred Wickman as Project Manager(s). 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.

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Daniel Hernandez Agency
Director of Public Works, Operations,
and Maintenance
With Copy To:

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

Willdan Engineering
650 E. Hospitality Lane, Suite 400
San Bernardino, CA. 92408
Attn: Tyrone Peter, PE

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13 Attn: City Attorney

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.

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,

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14 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.

43. Order of Precedence.

The following order and succession of the referenced documents shall govern in the event of conflict between documents:

1. Amendment(s)

2. This Agreement

3. Task Orders

44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]

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15 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
Interim City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

WILLDAN ENGINEERING
Signature
Vanessa Munoz
Name
CEO/President
Title

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16 EXHIBIT A
Scope of Services / Schedule of Charges
This agreement assists the city with creating a long-term list of “Pre-Qualified Civil Engineering Firms, Engineering Design Professionals and Related Consultants”. The consultant shall provide the following services:
•Civil Engineering Design
- Designs for street construction (widening/reduction), pavement projects (rehabilitation, reconstruction, median additions, ADA compliant sidewalks and walkways, and ADA compliant access ramp projects.
- Designs of infrastructure such as: wastewater pump/lift station, wastewater force main pipeline, gravity pipelines, rehabilitation of existing gravity and force main pipes. Preparation of wastewater hydraulic analysis and modeling
- Designs storm drain infrastructure such as: storm drain pipeline and ancillary structures, detention retention basin, and rehabilitation of existing storm drain pipes. Preparation of hydrology and hydraulic studies, Master Drainage studies, Water-Quality Master Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPP).Design and implementation of quiet zone infrastructures and devices at railroad crossings such as a 4 Quadrant Crossing Gate.
•Traffic Control
- Traffic Engineering Consultants available to provide engineering design services for new or modified traffic signals, traffic control, signage and striping, lighting, signal interconnect (hardwire or fiber optic cable), preparation of Signal Timing Plans and Traffic Impact Studies, and any other traffic engineering related designs. •Structural Engineering
- Provides structural calculations and design of retaining wall structure, soil stabilization retaining structure, parking lot and street light foundation, bridge foundation for various types of bridge construction such as pre- fabricated bridges along with construction shoring.
- Provides structural inspection and analysis of existing buildings, newly constructed buildings, life cycle analysis of existing structures, parking structures, along with many other structural related designs. •Environmental Consulting
- Prepare Initial Study Document.

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17 - Prepare environmental documents and technical studies in accordance with the California Environmental Quality Act (CEQA).
- Preparation of environmental documents and technical studies in accordance with the National Environmental Policy Agency (NEPA).
- Provide environmental monitoring services during construction and other related environmental services.
•Geotechnical Engineering
- Perform geotechnical investigation to include site evaluation and slope stability analysis.
- Prepare geotechnical studies, environmental site assessments, and seismic analysis.
- Provide soils inspection, compaction testing, and materials testing services to include field and laboratory testing of materials to serve as quality assurance on construction projects in accordance with project contract documents and applicable International Code Council (ICC), Construction by Configuration (CBC), American Society for Testing and Materials (ASTM), American Concrete Institute (ACI), American Association of State Highway and Transportation Officials (AASHTO), AWS
standards, codes, city ordinances, regulations, laws, and common industry practices.
•Survey
- Collect existing ground elevation and topographic features. - Provide targets for aerial survey.
- Provide construction staking for Public Works Capital Improvement Projects.
- Tie out existing monuments and re-establish monuments pre and post-construction.
- Prepare legal description and accompany plat for easements, Right-of-Way acquisition, and Right-of-Way dedication.

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18 •Landscape Consulting Services
- Architect Consulting firms to provide landscape design and irrigation for street medians, City buildings and parkways. •Inspection and Management of Construction Project
- Provide Construction Inspection and Management services for the construction of Capital Improvement Projects such as: pavement construction projects, street widening, concrete sidewalk repair, street median additions, ADA sidewalk and ramp construction, sewer and storm drain pipe installation and rehabilitation, sewer and storm drain pump station rehabilitation and construction, and parking structure rehabilitation and new construction.
-
•Project Management/Staff Augmentation
- Provide services of leading a work team to achieve all project goals within specified constraints.
- Planning, organizing, managing the completion of a project, while ensuring that it delivers the expected results on time, on budget and within a specific scope of services.
- Provide staffing services for filling short-term project positions for Public Works on-call civil engineering design services.

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19 Schedule of Charges
Job Title Job Description Hourly Rate

KEY PERSONNEL
Principal-in-Charge Contract Manager $245
Project Manager IV Quality Control / Quality Assurance $212 Principal Project Manager Project Manager $216
Deputy Director Traffic Task Manager $220
Deputy Director Civil Task Manager $220
Principal Project Manager Survey Task Manager $216
Project Manager II Drainage Task Manager $187
Project Manager I Hydraulic Task Manager $169
Director Environmental Task Manager $226
Supervising Engineer Geotechnical Task Manager $199
Director Inspection and Construction Management Task Manager $226 Principal Project Manager Landscape Architecture Task Manager $216 Project Manager IV Structural Design Task Manager $212

TECHNICAL SUPPORT TEAM
Designer II Roadway Designer $166
Senior Designer I Roadway Designer $175
Senior Design Manager Traffic Designer $188
Design Manager Traffic Designer $185
Associate Engineer I Traffic Designer $170
Assistant Engineer IV Traffic Designer $165
Assistant Engineer III Traffic Designer $157
Assistant Engineer II Traffic Designer $148
Project Manager III Drainage Project Engineer $197
Senior Engineer II Hydraulic Project Engineer $188
Senior Designer II Hydrologic Analyst $184
Associate Engineer I Hydrologic / Roadway Designer $170 Assistant Engineer III Hydrologic / Roadway Designer $157 Assistant Engineer II Hydrologic / Roadway Designer $148 GIS Analyst II Hydrologic GIS Specialist $175
Geologist II Materials Testing $176
Supervisor – Survey & Mapping Mapping & Surveying $191
Senior Survey Analyst Mapping & Surveying $182

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20 Utility Coordinator Utility Coordination $167
Principal Planner Environmental Documentation Specialist $189 Supervising Engineer Regulatory Permit Specialist $199
Traffic Engineer II Transportation Project Engineer $212 Senior Engineer I Transportation Project Engineer $199
Project Manager II Transportation Studies Analyst $187
Assistant Engineer II Transportation Studies Analyst $148 Senior Landscape Architect Landscape Architecture Specialist $175 Associate Landscape Architect Landscape Architecture Specialist $160 City Engineer I Grant Funding Administration Specialist $212 Labor Compliance Manager Labor Compliance Specialist $166 Labor Compliance Specialist Labor Compliance Specialist $132 Plan Check Engineer Structural Design Engineer $183
Senior Public Works Observer Construction Observation $138* Public Works Observer Construction Observation $138*
Administrative Assistant II Word Processing / File Management $109 If the city requires Consultant to hire additional Consultants perform any Additional Services, Consultant shall be compensated therefore at the Consultant’s actual hourly rates plus 15%. Owner shall have the authority to review and approve the rates of the consultant.

Name of Expenses
Mileage Current FTR mileage reimbursement rate
The Consultant and City shall use the City’s Preliminary Construction Budget to establish an estimate of the Consultant’s Total Compensation based upon the following Fee Schedule:

Fee Schedule
Construction Costs % Rate Fee (100% OR Fraction Thereof) First $250,000 10% $25,000
Next $250,000 10% $25,000
Next $500,000 8% $40,000
Next $500,000 8% $40,000
Next $2,000,000 6% $120,000
Excess of $5,000,000 5% $250,000

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21 EXHIBIT B

TASK ORDER
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: WILLDAN ENGINEERS
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date:_____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF SAN BERNARDINO WILL DAN ENGINEERS
Dated: Dated:

By: By:

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City of
San
Bernardino
February 10, 2023
Request for Proposal
Land Development
and NPDES Program
Management Services

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February 10, 2023

City of San Bernardino
Public Works Department
290 North D St
San Bernardino, CA 92401

Attention: Susan Pan, PE, QSD/QSP
Acting Deputy Public Works Director/City Engineer

Submitted via: Email

Subject: Proposal for Land Development and NPDES Program Management Services

The Availability - Willdan has been an integral part of the San Bernardino community since 1977.

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We greatly appreciate this opportunit y to provide you with our qualifications, and cost proposal for the immediate need, and look forward to answering any questions that you have.

Respectfully submitted,

WILLDAN ENGINEERING

Adel M. Freij, PE
Director of City Engineering

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City of San Bernardino

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City of San Bernardino

Staff Augmentation
Our understanding of the needs and challenges facing public agencies is unmatched in the industry.

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City of San Bernardino

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City of San Bernardino

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City of San Bernardino

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City of San Bernardino

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City of San Bernardino

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City of San Bernardino

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Management Services
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City of San Bernardino

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Resumes of Key Staff

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City of San Bernardino

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Management Services
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Joseph E. Bellomo, PE, QSD/P
Principal Project Manager

Summary of Experience
Staff Augmentation/NPDES/Construction Management/Federal Compliance, City of Fillmore, CA. Mr.

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City of San Bernardino

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City of San Bernardino

Proposal for Land Development and NPDES
Management Services
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Emilio Murga, PE
City Engineer

Education:  California State University, Northridge
 LA Valley Junior College
Registration/
Certification:
 Civil Engineer, CA No. 54420
Experience: 34 Years

Mr. Murga is fluent in the Spanish language.

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City of San Bernardino

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City of San Bernardino

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Management Services
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Johnny Ghazal, PE, QSD/P
Civil Plan Review

On-Call Construction Management and Permit Support, Watershed Conservation Authority, California.

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City of San Bernardino

Proposal for Land Development and NPDES
Management Services
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Chris O. Stone, PE
Project Manager II/Civil Plan Review

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City of San Bernardino

Proposal for Land Development and NPDES
Management Services
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Kelsey Reed, CESSWI, QSP, HAZWOPER
Environmental Analyst III

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City of San Bernardino

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City of San Bernardino

Proposal for Land Development and NPDES
Management Services
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Mayra Martinez
Environmental Analyst II

Education:  BS, Environmental Science and Resource Management, California State University, Channel Islands Registration:  American Red Cross First Aid/CPR/AED
Experience: 7 Years

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City of San Bernardino

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Management Services
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Kayla Urbina, EIT
Environmental Analyst I

Education:  BS, Environmental Engineering, University of Southern California Registration:  American Red Cross First Aid/CPR/AED

 California Engineer-in-Training (EIT) No. 176660
Experience: 2 Years

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City of San Bernardino

 Civil Engineer, California, No. 46172
 Registered QSD, California
Experience: 28 Years

Relevant Experience
San Bernardino Plan and Project Review, City of San Bernardino, California. Assistant Construction Manager.

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650 E. Hospitality Lane, Suite 400
San Bernardino, CA 92408-3586
909.386.0200 | 800.789.7517 | Fax: 909.888.5107
www.willdan.com

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Proposal

Land Development
and
NPDES
Program Management
Services

Submitted To
City of SAN BERNARDINO
Office: 201 North E Street, 2nd floor
Mail: 290 North D Street
San Bernardino, CA 92401
Attn.: Susan Pan, P.E., QSD/QSP
Acting Deputy Public Works Dir./City Eng.

Submitted via email:
to: [email protected]
cc: [email protected]

Submitted By
TRANSTECH Engineers, Inc.

Contact Person for this Proposal:

Ali Cayir, PE, Principal
E: [email protected]
E: [email protected]
C: 714-883-867

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About Transtech Video Highlight:

CLICK HERE
www.transtech.org
855.595.2495 (toll-free)
February 10, 2023

City of SAN BERNARDINO
201 North E Street, 2nd floor; San Bernardino, CA 92401 Submitted via email: to: [email protected]; cc: [email protected] Attn.: Susan Pan, P.E., QSD/QSP, Acting Deputy Public Works Director/City Engineer

Proposal, Land Development and NPDES Program Management Services

Dear Ms. Pan:

Transtech is pleased to submit this Proposal for the subject services. This Cover Letter provides an executive summary of our qualifications relevant to the services requested.

Company Profile:

Established in 1989, Transtech (a California Corporation) has been in business for 33 years and provides municipal services to approximately 70 public agencies. Our staff and resources include approximately 200 staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support personnel.

Our service capabilities include:
• Building & Safety Services, Building Official Building Inspection, Plan Check
• Civil Engineering,
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and Eng
• Water Resources Engineering
• Surveying, Mapping, ALTA, Right-of-way Eng
• Emergency, Support Services

One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers. We serve as Building Official, Building Plans Examiner, Building Inspector, Permit Technician, City Engineer, City Traffic Engineer, Map/Plan Checker, Public Works/Permit Inspector, CIP Manager, Construction Manager, Construction Inspector, Designer, Federally Funded Project Manager and in other capacities for a number of public agencies. Several of our staff members have worked for public agencies, including local cities and Caltrans. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies.

Transtech’s Plan Check and Inspection Capacity in numbers:
• We maintain and manage 25 electronic plan submittal portals. • In 2022, we received and processed approximately 13,000 project applications, reviewed 96,000 documents and performed 15,000 inspections.

Proposed Lead Staff Person for this Project- Michael Ackerman, PE, QSD, QSP, QISP:

Following is a summary of his qualifications:

Mr. Ackerman has over 25 years of experience. At Transtech, he has been working as a Sr. Engineer at various Transtech City Engineering Contracts. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. He managed Engineering and CIP, attended and coordinated with COG Regional Transpo rtation Planning, GWMA Gateway Water Management Association, and Los Angeles Upper Reach 2 Storm Water Management Group.

Mr. Ackerman prior experience includes working for the City of San Bernardino. He was involved in many projects including Development Review and Plan Check, design and review of Street Improvement Plans, Rough and Precise Grading Plans, Sewer Plans, Storm Drain Plans, Street Lighting Plans, Storm Water Pollution Prevention Plans, Water

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February 10, 2023
City of SAN BERNARDINO
Attn.: Susan Pan, P.E., QSD/QSP, Acting Deputy Public Works Director/City Engineer

Page 2 ends

Mayor and City CouncilMarch 1, 2023

Mayor and City Council
March 1, 2023