Agenda packet — Mayor and City Council, September 6, 2023 (part 2 of 3)

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RESOLUTION NO. 2023-142

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO APPROVING RECOGNIZED OBLIGATION
PAYMENT SCHEDULE 2024-25 A AND B, FOR THE
PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2024, AND
APPROVING CERTAIN RELATED ACTIONS.

WHEREAS, pursuant t o Health and Safety Code (the "HSC”) § 34172 (a)(l), the Redevelopment Agency of the City of San Bernardino was dissolved February 1, 2012; and
WHEREAS, consistent with the provisions of the HSC, on January 9, 2012, the Mayor and City Council of the City of San Bernardino elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"); and
WHEREAS, pursuant to HSC §34179(j) the San Bernardino County Wide Oversight Board (the “CWOB”) was established effective July 1, 2018, to assist in the wind- down of dissolved redevelopment agencies within the County of San Bernardino; and WHEREAS, per HSC § 34177 (o)(1), the Successor Agency is required to prepare a Recognized Obligation Payment Schedule (the “ROPS”) before each twelve-month fiscal year period. ROPS is the basis for the Successor Agency's authority to make payments; and WHEREAS, pursuant to HSC § 34180 (g), CWOB approval is required for the establishment of each ROPS; and
WHEREAS, per HSC § 34177 (o)(1), requires that the Successor Agency submit a CWOB-approved ROPS 24-25 A and B for the period of July 2024 through June 2025 to the State Department of Finance (the “DOF”), State Controller’s Office and the County Auditor- Controller no later than February 1, 2024 (the “Submission Deadline”); and WHEREAS, the ROPS 2023-25 A and B is appended to this Resolution as Exhibit "A,"

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS
FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

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Resolution No. 2023-142
Resolution No. 2023-142
September 6, 2023

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SECTION 2. The Successor Agency’s ROPS 2024-25 A and B for the period of July 1, 2024, through June 30, 2025, which is attached hereto as Exhibit “A” is approved, inclusive of each enforceable obligation.

SECTION 3. The City Manager, as Executive Director of the Successor Agency, or designee, is hereby authorized and directed to a) implement ROPS 2024-25 A and B on behalf of the Successor Agency; and b) take such necessary actions and execute such documents as are necessary to effectuate the intent of this Resolution, inclusive of authorizing ministerial revisions to the Successor Agency's ROPS 2024-25 A and B.

SECTION 4. 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 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of September, 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. 2023-142
Resolution No. 2023-142
September 6, 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. 2023-142, adopted at a regular meeting held on the 6th day of September, 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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Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency:

County:

Successor Agency to the Redevelopment Agency of the City of San Bernardino San Bernardino
24-25 A Total
(July - December)
24-25 B Total
(January - June) ROPS 23-24 TotalCurrent Period Requested Funding for Enforceable Obligations (ROPS Detail) A
B
C
D
E
F
Enforceable Obligations Funded as Follows (B+C+D): $ 1,359,368 1,359,368
-
$ 48,335 $ 1,407,703
1,407,703
-
Bond Proceeds 48,335
-Reserve Balance
Other Funds - - -
Redevelopment Property Tax Trust Fund (RPTTF) (F+G):

RPTTF
$
$
7,595,441
7,555,441
40,000
8,954,809
$
$
569,738
554,738
15,000
618,073
$
$
8,165,179
8,110,179
55,000
9,572,882
G
H
Administrative RPTTF
Current Period Enforceable Obligations (A+E):

Certification of Oversight Board Chairman: Name Title
Pursuant to Section 34177 (o) of the Health and Safety Code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. Signature Date

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(Successor Agency Name) Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025
(Report Amounts in Whole Dollars)

A B C D E F G H I J K L M N O P Q R S T U V W
24-25 BItem # Project Name/Debt Obligation Obligation Type Contract/Agreement Contract/Agreement Payee Description/Project Scope Project Area Total Retired ROPS 24-25 24-25 A (July - December) 24-25 A 24-25 B (January - June) Execution Date Termination Date Outstanding
Debt or
Total Total TotalFund Sources Fund Sources
Obligation Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF Admin
RPTTF
Bond
Proceeds Balance
Reserve Other
Funds
RPTTF Admin
RPTTF
$ 31,292,657
5,264,943
$
$
9,572,882
2,628,456
$ 1,359,368
$578,848
$ - $ - $ 7,555,441
$1,976,152
$ 40,000 $
$
8,954,809
2,555,000
$ 48,335 $ - $ - $ 554,738
$73,456
$ 15,000 $
$
618,073
73,4568 2005A TABs
9 2005B TABs
Bonds Issued On or
Before 12/31/10
Bonds Issued On or
Before 12/31/10
Revenue Bonds
Issued On or Before
12/31/10
10/1/2025
10/1/2025
7/1/2025
10/1/2025
10/1/2025
7/1/2025
US Bank SC, CCN, SEIP, NW, TRI, UP All
and SV Projects
SC, CCN, SEIP, NW, TRI, UP All
and SV Projects
US Bank
US Bank
1,910,369
156,056
$
$
953,632
156,056
$153,745 $773,149
$5,528
$
$
926,894
5,528
$26,738 $
$
26,738
12 1995H Highland Lutheran SR
Housing
Sr Housing Complex All
All
All
$39,073
$9,262
$111,455 150,528
13 1995R Casa Ramona Sr Housing Revenue Bonds 7/1/2025 7/1/2025 US Bank CalPERS
Ramona Sr Housing Complex 134,844 $
$
134,844
580,307
$4,922
$580,307
$16,800
$
$
4,922 $120,660
$16,800
$
$
129,922
-
Issued On or Before
12/31/10
Unfunded Liabilities30 PERS - Unfunded Pension
Obligation
12/31/2037 6/30/2047 The amount of the unfunded
pension obligation was
8,124,291 580,307
established by Cal PERS
Retiree Supplemental Health
Benefit per Agency Policy
31 Retiree Health Benefit Miscellaneous
Admin Costs
12/31/2037
12/31/2037
8/10/2045
4/1/2030
Various Retired
Employees
Various Employees & Various admin activities in
All
All
453,600
327,000
$
$
33,600
55,000
$
$
16,800
40,000
$
$
16,800
15,00032 Successor Agency Admin. $40,000 $15,000
Vendors support of the dissolution of the
former RDA (equals 3% of excel
Cell N-6)
84 Securities Servicing Fees 12/1/2031
9/1/2024
4/1/2030
9/1/2024
US Bank Securities Servicing of all Bonds All 147,140
626,775
$
$
27,070 $8,500
$0
$
$
8,500 $18,570
$0
$
$
18,570
-96 Reimbursement Agreement for
Debt Service on 1999 COPs
Bonds Issued On or
Before 12/31/10
City of San Bernardino Reimbursement for Debt
Service for 1999 COPs (201
All 626,775 $626,775 626,775
Bldg. & South Valle)
120 Continuing Disclosure Services Professional Services 12/1/2031 12/1/1931 Urban Futures, Inc. Continuing Disclosure Services All 63,000 $ 9,000 $ - $9,000 $ 9,000 for 2002, 2002A, 2005A, 2005B,
2006, 2010A and 2010B TABs -
ROPS "B" Cycle Only
125 2016 Refunding TABs (Interest
Portion Only)
Refunding Bonds
Issued After 6/27/12
12/1/2031
12/1/2031
4/1/2028
12/1/2031
12/1/2031
12/31/2019
US Bank
US Bank
Refunding TABs of the 1998B, All
2002, 2002A and 2006 TABs
and the 2010 and 2011 EB-5
Notes
Refunding TABs of the 1998B, All
2002, 2002A and 2006 TABs
and the 2010 and 2011 EB-5
Notes
910,713
10,285,000
945,545
$
$
$
412,350
3,475,000
945,545
$253,675 $
$
$
253,675
3,475,000
945,545
$158,675 $
$
$
158,675
126 2016 Refunding TABs (Principal Refunding Bonds
Reduction Portion Only) Issued After 6/27/12
$3,475,000 -
132 Capital Improvement Projects Bond Funded Project City of San Bernardino
Capital improvements to be
selected consistent with the
applicable bond documents to
be managed by City. Per the
BEA and DOF approval,
All $945,545 -
Funded by 2010B TABs – 2011
$135,078 has been transferred
to the City. Any balance to be
transfered requires a Last and
Final ROPS.
134 2021 Refunding TABs (Interest
and Principal Portion)
Refunding Bonds
Issued After 6/27/12
10/1/2029 12/1/2031 Per Judgement or
Settlement
Payment as due per a All 2,888,926 $ 480,792 $461,408 $ 461,408 $19,384 $ 19,384 judgment/settlement of Los
Angeles Superior Court Case
Nos. BC465755 and BC468955,
Placo San Bernardino LLC v
San Bernardino Redevelopment
Agency, et al.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
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Item #132 was removed.

Denied by DOF in FY2022-23

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San Bernardino City Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)

A B C D E F G H
Fund Sources
Bond Proceeds Reserve Balance Other Funds RPTTF
Prior ROPS RPTTF
and Reserve
Bonds issued on or Bonds issued on or Balances retained for Rent,
Grants,
Non-Admin
andROPS 20-21 Cash Balances
(07/01/20 - 06/30/21) before 12/31/10 after 01/01/11 future period(s) Interest, etc. Admin Comments 1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution amount For Cell C-1, D-1, E-1 and F-1 the beginning
amounts are in balance with the cash held by the
Bond Trustee, US Bank, in accordance with the US
Bank trust statements, and with the Successor
financial statements ending June 30, 2021, and
bring the ending balances on line 4 for June 30,
2022 into balance with US Bank and the Successor
7,687,839 949,088 933,166 1,394,041 788,245
2 3
Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 18-19 total
distribution from the County Auditor-Controller
Cell F-2 represents interest earnings on idle
Successor funds, already reprogrammed in future
ROPS. The amount shown in Cell G-2 equals the
actual RPTTF funds received for ROPS 21-22.
0 0
0 0 180,000 11,381,184
-Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22) on hand with US Bank as Trustee used for the 2005A and 2005B debt service. Cell F-3
represents the expenditures from other funds in
ROPS 21-22 for bond debt service. Cell G-3
represents the expenditures from RPTTF for ROPS
883,776 5,959 1,074,041 10,487,733 21-22.

Cells C-4 and D-4 are the remaining balances, in4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
accordance with the Trial Balances, for the DSRFs
and bond proceeds held by the bond Trustee, US
Bank. Cell E-3 equals the balance of the
compensating/collateral balance now at zero (Cell
E-4) after the balance of $5,959 was
reprogrammed and expensed in ROPS 21-22.

Cell F-3 includes previous rental and other income
and interest income reprogrammed and expensed
in ROPS 21-22. Cell F-4 represents
reprogrammed funds in ROPS 22-23 ($400,000)
and reprogrammed in ROPS 24-25 ($100,000).

Cell G-4 would represent the sum of any unused6,804,064 949,088 0 500,000 0 5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
Cell G-1 represents the Prior Period Adjustment for
ROPS 18-19 of $788,245 which reduced the
RPTTF in FY 21-22. Cell E-6 The Prior Period
Adjustment for ROPS 19-20 in the amount of
$458,403 will reduce the RPTTF in FY 22-23 plus
the Prior Period Adjustment for ROPS 20-21 in the
estimated amount of $468,804 will reduce the
RPTTF in FY 23-24, The estimated Prior Period
Adjustment for FY 21-22 in the amount of
No entry required
$1,681,696 will reduce the RPTTF in FY 24-25,1,681,696
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) $ (1) $ 0 $ 927,207 $ 0 $ 0

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 6, 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 August 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 July 20, 2023 $2,972,020.63
Bi-Weekly for August 3, 2023 $3,087,607.89
Bi-Weekly for August 17, 2023 $2,942,414.37
Monthly for August 15, 2023 $26,950.00
Total Payroll Demands: $9,028,992.89

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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 August 2023.

Attachments
Attachment 1 Payroll Summary Report for August 2023 Attachment 2 Commercial checks & Payroll Register #3 Attachment 3 Commercial checks & Payroll Register #4 Attachment 4 Commercial checks & Payroll Register #5 Attachment 5 Commercial checks & Payroll Register #6 Attachment 6 Commercial EFT Registers #1491-1511 Ward:

All Wards
Synopsis of Previous Council Actions:

The following check registers are being presented for approval:July 20, 2023 2023/24 (Register #3) $1,754,326.42July 27, 2023 2023/24 (Register #4) $4,367,803.16August 3, 2023 2023/24 (Register #5) $2,137,662.45August 10, 2023 2023/24 (Register #6) $1,399,513.84Total commercial check demands: $9,659,305.87 The following Electronic Funds Transfer (EFT) registers presented for approval:

June 8 to June 301, 2023 2022/23 (Register #1491-1511) $3,824,890.51 Total commercial EFT demands: $3,824,890.51

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 6, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Suzie H. Soren, Director of Human Resources
Department: Human Resources
Subject: Side Letter Agreements with Bargaining Groups
Regarding Premium Pay for City and Water Department
Employees
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-143, authorizing the City Manager to execute side letter agreements with the City’s bargaining groups regarding premium pay.

Executive Summary
Council approved premium pay for all City and Water Department employees. Staff met and conferred with the City’s various bargaining groups and created side letter agreements with each. Staff is now requesting approval from Council to execute the side letter agreements.

Background
On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA), which appropriated nearly $1.9 trillion nationwide for COVID-19 pandemic relief funding including $350 billion for every eligible state, city, town, territorial and tribal government in the country. The City of San Bernardino was awarded $77,656,407 under the Act. ARPA establishes the Coronavirus State and Local Fiscal Recovery Funds to provide an infusion of resources to help address economic struggles in responding to the impact of COVID-19.

Since receiving the ARPA allocation, the City Council has allocated portions of these funds to various initiatives and programs, including broad categories consisting of Small Business and Non-Profit Assistance, Parks and Recreation Rehabilitation, City Services, and the Homeless Initiative.

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On July 19, 2023, City staff presented additional spending plan options that included premium payments to employees who were required to continue providing essential services to the public during the pandemic. Many government agencies have provided stipends to their employees in recognition of their hard work and sacrifice to ensure essential services continued to be provided to the community with minimal or no interruption while risking exposure to COVID-19.

Consistent with the essential worker premium pay allowed for in the Final Rule issued by the US Treasury Department, City Council desired to recognize those City and Water Department employees who provided important and essential public services during the COVID-19 pandemic, and approved a one-time premium payment to each City and Water Department employee in the amount of $5,000 to each full-time employee and $2,500 to each part-time employee for a total amount not to exceed $5,500,000.

Discussion
Staff established the following parameters for the premium payment:
•Employees must have been employed at any time during March 13, 2020, through May 5, 2023.
•Employees must be employed with the City on the date that the lump-sum payment is disbursed.
•Employees will be paid in alignment with what their employment status is at time of payment.

The City has met and conferred in good faith with the various employee associations and unions on the subject of the proposed premium payment. The issuance of such payment is subject to approval of a Side Letter Agreement to the various Memoranda of Understanding with the employee bargaining groups, attached.

The payment will be issued with the employees' regular paycheck, after September 6, 2023, and will be subject to tax withholdings.

In addition, Police Management Association (PMA) members shall contribute the payment into their 401 (a) plan. All other City employees will have the option to contribute the payment into their 457 (b) deferred compensation plan.

A recent final ruling from the U.S. Treasury Department on eligible uses of ARPA funds, specifically states, “This policy also prohibits, among other things, elected officials from steering funds to projects in which they have a financial interest or using funds to pay themselves premium pay.”
2021-2025 Strategic Targets and Goals
Authorizing the City Manager to execute side letter agreements with the City’s various bargaining groups support Key Strategic Goal 2. Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest

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quality talent.

Fiscal Impact
The fiscal impact of allocating additional funds from the City’s ARPA allocation is to increase the City’s Adopted FY 2022/23-2023/24 Biennial Budget by $3,662,500 for City employees and $1,257,500 for Water Department employees, for a total of $4,920,000.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-143, authorizing the City Manager to execute side letter agreements with the City’s bargaining groups regarding premium pay.

Attachments
Attachment 1 – Resolution No. 2023-143
Attachment 2 – Side Letters
Ward:

All Wards
Synopsis of Previous Council Actions:

July 19, 2023 Mayor and City Council approved premium pay for City and Water Department employees for a total amount not to exceed
$5,500,000.

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Resolution No. 2023-143
Resolution 2023-143
September 6, 2023

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RESOLUTION NO. 2023-143

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE SIDE
LETTER AGREEMENTS WITH THE CITY’S

BARGAINING GROUPS FOR PREMIUM PAY
WHEREAS, On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA), which appropriated nearly $1.9 trillion nationwide for COVID-19 pandemic relief funding including $350 billion for every eligible state, city, town, territorial and tribal government in the country; and
WHEREAS, The City of San Bernardino was awarded $77,656,407 under the Act; and WHEREAS, ARPA establishes the Coronavirus State and Local Fiscal Recovery Funds to provide an infusion of resources to help address economic struggles in responding to the impact of COVID-19; and
WHEREAS, During City Council meetings over the past several months, City Council allocated portions of these funds for various purposes and programs, including broad categories consisting of Small Business and Non-Profit Assistance, Parks and Recreation Rehabilitation, City Services, and the Homeless Initiative; and
WHEREAS, Consistent with the essential worker premium pay allowed for in the Final Rule issued by the US Treasury Department, City Council desired to recognize those City and Water Department employees that provided important and essential public service during the COVID-19 pandemic, and to establish and approve a one-time lump sum premium payment for City and Water Department employees.

WHEREAS, After discussion on July 19, 2023, City Council agreed upon a lump sum payment for all full-time employees of $5,000 and $2,500 for part-time employees.

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 hereby establishes and approves a one-time lump sum premium payment for all City and Water Department full-time employees of $5,000 and $2,500 for part-time employees. Employees must have been employed at any time during March 13, 2020, through May 5, 2023, and must be employed on the date that the payment is disbursed. The premium

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Resolution No. 2023-143
Resolution 2023-143
September 6, 2023

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payment shall be considered a one-time non-pensionable compensation, subject to tax withholdings.

Employees can select to allocate their premium payment into their 457 (b) deferred compensation plan.

SECTION 3. The City Manager is authorized to execute a Side Letter Agreement with each of the City’s employee unions/associations relating to the issuance of the premium payment as defined in Section 2 to all eligible represented City employees. The premium payment shall be paid on the second pay date following adoption of this Resolution.

SECTION 4. Premium payment as defined in Section 2 is hereby approved and authorized for those eligible unrepresented City employees and part-time employees and shall be paid on the second pay date following adoption of this Resolution.

SECTION 5. The Agency Director of Administrative Services, or designee, is hereby authorized to amend the adopted FY 2022/23-2023/24 Biennial Budget by $3,662,500 for City employees and $XX for Water Department employees.

SECTION 6.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of September 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

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Resolution No. 2023-143
Resolution 2023-143
September 6, 2023

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

Sonia Carvalho, City Attorney

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Resolution No. 2023-143
Resolution 2023-143
September 6, 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-___, adopted at a regular meeting held on the ___ day of _______ 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

SIDE LETTER TO THE EMPLOYEE COMPENSATION AND BENEFITS PLAN (RESOLUTION NO. 2022-59) BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND EXECUTIVE EMPLOYEES (“EXECUTIVES”)

The City and the Executives hereby agree to a modification of the terms and conditions set forth in the Employee Compensation and Benefits Plan (2022-2025) between the City and the Executives (hereinafter referred to as “the Plan”) as follows:

1. The Parties separately agree by this Side Letter Agreement to implement a one-time, non- pensionable premium pay for essential work provided during the COVID-19 public health emergency as follows:
a. One-time lump sum premium payment for all eligible full-time employees of $5,000. Employees must have been employed at any time during March 13, 2020, through May 5, 2023, and must be employed on the date that the payment is disbursed.
b. The premium payment is considered non-pensionable compensation. c. Members have the option to allocate the premium payment into their 457 (b) deferred compensation plan.
d. The premium pay will be issued on the second pay date following approval by the City Council.

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

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

___________________________________
Charles E. McNeely, Interim City Manager
City of San Bernardino

Date: ____________________________

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EXHIBIT A

SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE GENERAL UNIT

EMPLOYEES

The modification of the terms and conditions set forth in the Memorandum of Understanding ( 2020-2025) between the City and the General Unit (hereinafter referred to as “MOU”) are as follows:

1. This Side Letter Agreement is to implement a one-time, non-pensionable premium pay for essential work provided during the COVID-19 public health emergency as follows:
a. One-time lump sum premium payment for all eligible full-time employees of $5,000. Employees must have been employed at any time during March 13, 2020, through May 5, 2023, and must be employed on the date that the payment is disbursed.
b. The premium payment is considered non-pensionable compensation. c. Members have the option to allocate the premium payment into their 457 (b) deferred compensation plan.
d. The premium pay will be issued on the second pay date following approval by the City Council.

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

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

___________________________________
Charles E. McNeely, Interim City Manager
City of San Bernardino

Date: ____________________________

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EXHIBIT A

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

EMPLOYEES

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

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

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

___________________________________
David Farugia, Business Agent
Teamsters, Local 1932

Date: ____________________________
___________________________________
Charles E. McNeely, Interim City Manager
City of San Bernardino

Date: ____________________________

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EXHIBIT A

SIDE LETTER TO THE EMPLOYEE COMPENSATION AND BENEFITS PLAN (RESOLUTION NO. 2021-269) BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE SAN BERNARDINO CONFIDENTIAL AND MANAGEMENT ASSOCIATION (“ASSOCIATION”)

The City and the Association hereby agree to a modification of the terms and conditions set forth in the Employee Compensation and Benefits Plan (2020-2025) between the City and the Association (hereinafter referred to as “the Plan”) as follows:

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

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

___________________________________
Marcus Anderson, President
San Bernardino Confidential/Management Association

Date: ____________________________
___________________________________
Charles E. McNeely, Interim City Manager
City of San Bernardino

Date: ____________________________

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EXHIBIT A

SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE SAN BERNARDINO POLICE DISPATCH ASSOCIATION (“ASSOCIATION”)

The City and the Association hereby agree to a modification of the terms and conditions set forth in the Memorandum of Understanding (2021-2025) between the City and the Association (hereinafter referred to as “MOU”) as follows:

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

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

___________________________________
Matthew Abrego, President
San Bernardino Police Dispatch Association

Date: ____________________________
___________________________________
Charles E. McNeely, Interim City Manager
City of San Bernardino

Date: ____________________________

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EXHIBIT A

SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE SAN BERNARDINO POLICE MANAGEMENT ASSOCIATION (“ASSOCIATION”)

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

1. The Parties separately agree by this Side Letter Agreement to implement a one-time, non- pensionable premium pay for essential work provided during the COVID-19 public health emergency as follows:
a. One-time lump sum premium payment for all eligible full-time employees of $5,000. Employees must have been employed at any time during March 13, 2020, through May 5, 2023, and must be employed on the date that the payment is disbursed.
b. The premium payment is considered non-pensionable compensation. c. The premium payment shall be deposited into each member’s 401 (a) plan. d. The premium pay will be issued on the second pay date following approval by the City Council.

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

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

___________________________________
Adam Affrunti, President
San Bernardino Police Management Association

Date: ____________________________
___________________________________
Charles E. McNeely, Interim City Manager
City of San Bernardino

Date: ____________________________

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EXHIBIT A

SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE SAN BERNARDINO POLICE OFFICERS ASSOCIATION (“ASSOCIATION”)

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

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

___________________________________
Jonathan Plummer, President
San Bernardino Police Officers Association

Date: ____________________________
___________________________________
Charles E. McNeely, Interim City Manager
City of San Bernardino

Date: ____________________________

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 6, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Suzie H. Soren, Director of Human Resources
Department: Human Resources
Subject: Amendment to the Professional Services Agreement with Graves & King
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute the third amendment to the Professional Services Agreement with Graves & King for legal representation in the Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2100620, increasing the not to exceed amount to $350,000.

Executive Summary
An increase from $300,000 to $350,000 to the not to exceed amount of the Professional Services Agreement with Graves & King is requested in order to pay the remaining invoices for legal representation in the Faith Emileen Stewart v. City of San Bernardino, et al. Case.

Background
On May 18, 2021, the City entered into an agreement with Graves & King to provide legal services in the amount of $49,999 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2100620.

On March 16, 2022, the City entered into the first amendment to the agreement for a total not to exceed amount of $150,000.

On August 17, 2022, the City entered into the second amendment to the agreement for a total not to exceed amount of $300,000. This case has settled.

Discussion
At this time, it is necessary to increase the not to exceed amount under this agreement

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to $350,000 as there are outstanding invoices still to be paid in this matter. This case is no longer active, however, increasing the agreement amount will allow the City to pay the remaining charges.
2021-2025 Strategic Targets and Goals
Authorization of this amendment aligns with Key Target No. 1d: Financial Stability – Minimize Risk and Litigation Exposure.

Fiscal Impact
There is funding to support the amendment to $350,000 in the FY 2023/24 budget.

Staff will actively monitor costs on all litigation to ensure that the budget for outside legal services remains adequate for the needs of the City for the fiscal year.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the third amendment to the Professional Services Agreement with Graves & King for legal representation in the San Bernardino Superior Court Case No. CIVSB2100620, increasing the not to exceed amount to $350,000.

Attachments
Attachment 1 Original and amended agreements
Attachment 2 Exhibit A – Third amended agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

August 17, 2022 The Mayor and City Council authorized the City Manager to execute the Second Amendment to the Professional Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No. CIVSB2100620,
increasing the contract not to exceed amount to $300,000.

March 16, 2022 The Mayor and City Council authorized the City Manager to execute the First Amendment to the Professional Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No. CIVSB2100620,
increasing the contract not to exceed amount to $150,000.

May 18, 2021 The City entered into an agreement with Graves & King to provide legal services in the amount of $49,999 pursuant to

3.04.085(A) of the Municipal Code to represent the City in the Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2100620.

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EXHIBIT A

SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

WITH GRAVES AND KING, LLP

This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated August 17 , 202 2 is made and entered into by and between the City of San Bernardino (“City”) and Graves and King, LLP (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:

a. On May 18, 2021, the City and Consultant entered into a Professional Services Agreement for the provision of legal services pertaining to Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB 2100620 (“Original Agreement”).

b. On March 16, 2022, the City and Consultant entered into a First Amendment to the Professional Services Agreement (“First Amendment”).

c. City and Consultant now desire to increase the amount of the First Amendment Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $150,000 to $300,000.

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

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

Dated: _____ GRAVES AND KING, LLP

By: Harvey Wimer,
Its: Partner

Dated: _____ CITY OF SAN BERNARDINO

By: Robert D. Field
Its: City Manager
DocuSign Envelope ID: E350D157-BFCF-40F5-9E29-79242F511D6A 8/22/2022
8/22/2022

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EXHIBIT A

THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

WITH GRAVES AND KING, LLP
This Third Amendment (“Third Amendment”) to the Professional Services Agreement dated September 6, 2023 is made and entered into by and between the City of San Bernardino (“City”) and Graves and King, LLP (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On May 18, 2021, the City and Consultant entered into a Professional Services Agreement for the provision of legal services pertaining to Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB 2100620 (“Original Agreement”).
b. On March 16, 2022, the City and Consultant entered into a First Amendment to the Professional Services Agreement (“First Amendment”).
c. On August 17, 2022, the City and Consultant entered into a Second Amendment to the Professional Services Agreement (“Second Amendment”). d. City and Consultant now desire to increase the amount of the Second Amendment Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $300,000 to $350,000.

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

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

Dated: _____, 2023 GRAVES AND KING, LLP
By: Harvey Wimer,
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By: Charles E. McNeely
Its: City Manager

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It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the City’s health benefit plans for plan year 2024 and authorize the City Manager to execute any agreements necessary to effectuate the medical, dental, vision, life, short and long-term disability, and other ancillary and voluntary plans that the City offers as part of its benefits package to employees.

Executive Summary
The annual review for the City’s Health Plan Benefits for the 2024 plan year was completed. The proposed plan includes changes to the vision insurance provider with no change to benefit. It also includes the addition of an Employee Assistance Program specifically for first responders. Sufficient funding for increased premiums is included in budget.

Background
Each year City staff and representatives from the employee bargaining units review the health plan options and premiums for medical, dental, vision, life, short- and long- term disability and other ancillary and voluntary plans that the City offers as part of its benefits package to employees. Providing affordable health insurance and voluntary plan options for employees is a key part of recruitment and retention, and to achieving the City’s goal of becoming an employer of choice in the region.

On August 7, 2023, Human Resources staff and the City’s Health Benefits Broker Alliant, met with the Health Benefits Committee, which includes representatives from each of the City’s employee bargaining groups. The Health Benefits Committee reviewed plan options and premiums to provide the best selections available to employees, at the best price. The benefit renewal options included medical, dental,

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vision, life, short and long-term disability, and other ancillary and voluntary plans.

Discussion
Medical providers will remain unchanged for health plan year 2024. Insurance premiums will increase by 7.8% for medical options which are offered through Kaiser and Anthem. Factors that have contributed to increased rates include COVID-19 related increase in mental health conditions, inflation being at the highest levels since the 1970’s, and continued labor shortages in the health care field.

Delta Dental will continue to provide dental insurance with a rate increase of 11.6%.

To offset the rate increase, stabilization reserves will be used to keep the premiums at the current rate with no rate increase.

The City currently provides vision insurance through EyeMed; however, staff is recommending changing providers to VSP Vision Care. VSP is more widely accepted by businesses, resulting in greater access to vision benefits for employees. The VSP Core Plan will match the current vision benefits while the VSP Buy Up Plan will increase the current frame allowance from $150 to $175 per calendar year.

The City currently provides for an Employee Assistance Program (EAP). An EAP is a voluntary program that offers free and confidential assessments, short-term counseling, referrals, and follow-up services to employees who have personal and/or work-related problems. Staff is recommending utilizing PRISM Concern, which will offer six (6) sessions per issue for all City employees and their families. Staff also recommends utilizing PRISM Concern – First Responder Program. To address the unique needs of First Responders, PRISM created a Public Safety Support Task Force comprised of PRISM member agencies, active-duty law enforcement employees, and mental health clinicians experienced in treating First Responders.

The First Responder Program will offer ten (10) enhanced EAP sessions per issue. Additional EAP sessions will be offered once session limit has been met, if clinically appropriate.

Lincoln Financial will continue to provide life insurance, short-term disability, long-term disability and Paid Family Leave with rates remaining unchanged through December 31, 2024. Wishbone will also continue to provide pet insurance with rates remaining unchanged through January 1, 2025. Voluntary accident and critical illness plans through Colonial Life are renewing at the current premium rates as well.

Medical plan design options and employee out-of-pocket costs continue to meet the employer mandates Affordable Care Act (ACA) requirements. City contributions for employee groups are established by the provisions in their respective Memorandum of Understanding.
2021-2025 Strategic Targets and Goals
Approving the City’s health benefits plan options for plan year 2024 aligns with Key Target 2b: Focused, Aligned Leadership and Unified Community by building a culture

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that attracts, retains, and motivates the highest quality of talent.

Fiscal Impact
Sufficient funding is included in the FY 2023/24 Adopted Budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the City’s health benefit plans for plan year 2024 and authorize the City Manager to execute any agreements necessary to effectuate the medical, dental, vision, life, short and long-term disability, and other ancillary and voluntary plans that the City offers as part of its benefits package to employees.

Attachments
Attachment 1 - 2024 Renewal Summary
Ward:

All Wards
Synopsis of Previous Council Actions:

August 17, 2022 The Mayor and City Council approved the City’s health benefit plans for plan year 2023 and authorized the City Manager to execute any agreements necessary to effectuate the medical dental, vision, life, short and long-term disability and other ancillary and voluntary plans that the City offered as part of its benefits package to employees.

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2024 Renewal Rates &
Benefits

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Medical Plans

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Medical Renewal - Financial Overview
3 Line of Coverage Current Renewal $ ∆ % ∆

Kaiser (PRISM): HMO 362 $4,559,220 $4,915,608 $356,388 7.8% Anthem (PRISM): HMO Traditional 159 $2,237,760 $2,412,120 $174,360 7.8% Anthem (PRISM): HMO Select 58 $705,336 $760,116 $54,780 7.8% Anthem (PRISM): PPO 16 $269,484 $290,484 $21,000 7.8%
Kaiser (PRISM): HMO - Early Retiree 17 $222,324 $239,580 $17,256 7.8% Anthem (PRISM): HMO Traditional - Early Retiree 4 $82,812 $89,256 $6,444 7.8% Anthem (PRISM): HMO Select - Early Retiree 3 $38,448 $41,436 $2,988 7.8% Anthem (PRISM): PPO - Early Retiree 1 $21,960 $23,676 $1,716 7.8% TOTAL ANNUAL PREMIUM $8,137,344 $8,772,276
ANNUAL DOLLAR CHANGE $634,932
ANNUAL PERCENTAGE CHANGE 7.8%

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Medical Renewal – Anthem Traditional HMO
4 Calendar Year Deductible
Individual / Family
Embedded / Aggregate
Annual Out-of-Pocket Maximum
Individual / Family
Embedded / Aggregate
Physician Office Visit
Specialist Copay
Preventative Care
Virtual Physician Visit
Lab and X-Ray
CT, MRI, PET scans
Other lab and x-ray tests
Hospitalization
Inpatient
Outpatient

PRESCRIPTION DRUGS
Retail - 30 day supply
Mail Order - up to 90 day supply
ACTIVE MONTHLY RATES EEs Current Renewal
EE Only 80 $684.00 $737.00
EE + 1 22 $1,341.00 $1,446.00
EE + Family 57 $1,794.00 $1,934.00
159
MONTHLY PREMIUM $186,480 $201,010
ANNUAL PREMIUM $2,237,760 $2,412,120
EARLY RETIREE MONTHLY RATES EEs Current Renewal
EE Only 3 $1,223.00 $1,318.00
EE + 1 0 $2,411.00 $2,599.00
EE + Family 1 $3,232.00 $3,484.00
4 MONTHLY PREMIUM $6,901 $7,438
ANNUAL PREMIUM $82,812 $89,256
ACTIVE / EARLY RETIREE TOTAL Current Renewal
TOTAL MONTHLY PREMIUM $193,381 $208,448
TOTAL ANNUAL PREMIUM $2,320,572 $2,501,376
ANNUAL DOLLAR CHANGE $180,804
ANNUAL PERCENT CHANGE 7.8%

Acupuncture Care (30 visit limit combined with chiropractic) Emergency Room
$10 / Visit
$5 / $15 / $25 / $45 / 30% with $250 max
Tier 1a / Tier 1b / Tier 2 / Tier 3 / Tier 4 1,2
$12.50 / $37.50 / $75 / $135 / 30% with $250 max
Chiropractic Care (30 visit limit combined with acupuncture) Urgent Care Services (waived if admitted)
No Charge
$10 / Visit
$20 / Visit
No Charge
No Charge
No Charge
No Charge
$50 / Visit
(waived if admitted)
$20 / Visit
Current / Renewal
Anthem (PRISM): Traditional HMO
None
$20 / Visit
$20 / Visit
Medical Plan Benefits
N/A
$1,500 / $3,000
Embedded

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Medical Renewal - Anthem Select HMO
5 Calendar Year Deductible
Individual / Family
Embedded / Aggregate
Annual Out-of-Pocket Maximum
Individual / Family
Embedded / Aggregate
Physician Office Visit
Specialist Copay
Preventative Care
Lab and X-Ray
CT, MRI, PET scans
Other lab and x-ray tests
Hospitalization
Inpatient
Outpatient

PRESCRIPTION DRUGS
Retail - 30 day supply
Mail Order - up to 90 day supply
ACTIVE MONTHLY RATES EEs Current Renewal
EE Only 31 $596.00 $642.00
EE + 1 5 $1,170.00 $1,261.00
EE + Family 22 $1,566.00 $1,688.00
MONTHLY PREMIUM $58,778 $63,343
ANNUAL PREMIUM $705,336 $760,116
EARLY RETIREE MONTHLY RATES EEs Current Renewal
EE Only 3 $1,068.00 $1,151.00
EE + 1 0 $2,103.00 $2,267.00
EE + Family 0 $2,820.00 $3,040.00
MONTHLY PREMIUM $3,204 $3,453
ANNUAL PREMIUM $38,448 $41,436
ACTIVE / EARLY RETIREE TOTAL Current Renewal
TOTAL MONTHLY PREMIUM $61,982 $66,796
TOTAL ANNUAL PREMIUM $743,784 $801,552
ANNUAL DOLLAR CHANGE $57,768
ANNUAL PERCENT CHANGE 7.8%

Acupuncture Care (30 visit limit combined with chiropractic)

$20 / Visit
(waived if admitted)
$20 / Visit
$125 / Admit
3 58
$10 / Visit
$5 / $20 / $30 / $50 / 30% up to $250 max
$12.50 / $50 / $90 / $150 / 30% up to $250 max
$250 / Admit
$10 / Visit
(30 visit limit combined with acupuncture)
Tier 1a / Tier 1b / Tier 2 / Tier 3 / Tier 4 1,2
Urgent Care Services (waived if admitted)
None
N/A
Chiropractic Care
Medical Plan Benefits
Emergency Room $50 / Visit
Anthem (PRISM): Select Network HMO
Current / Renewal
Embedded
$2,000 / $4,000
No Charge
No Charge
$40 / Visit
No Charge

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Medical Renewal – Anthem PPO
6 Anthem (PRISM): Medical PPO
Current / Renewal
In-Network Out-of-Network
Calendar Year Deductible
Individual / Family $500 / $1,000
Embedded / Aggregate Embedded
Annual Out-of-Pocket Maximum
Individual / Family $2,000 / $4,000
Embedded / Aggregate Embedded
Physician Office Visit $20 (ded waived) 40%
Specialist Copay $20 (ded waived) 40%
Preventative Care No charge (ded waived) 40%
Lab and X-Ray
CT, MRI, PET scans 10% 40% (limited to $800 max/test)
Other lab and x-ray tests 10% 40% (limited to $350 max/day) Hospitalization
Inpatient 10% 40% (limited to $600 max/day; copay
Outpatient 10% 40% (limited to $350 max/day)
$50 + 10%
(Copay Waived if Admitted)
Urgent Care Services $20 / Visit (ded waived) 40%
10% 40%
(24 visits per calendar year)
10% 40%
(12 visits per calendar year)
PRESCRIPTION DRUGS Tier 1 / Tier 2 / Tier 3
Retail - 30 day supply $10 / $20 / $35 $10 / $20 / $35
Mail Order - 90 day supply $15 / $30 / $50 Not Covered
ACTIVE MONTHLY RATES EEs Current Renewal
EE Only 12 $1,028.00 $1,108.00
EE + 1 1 $2,018.00 $2,175.00
EE + Family 3 $2,701.00 $2,912.00
16 MONTHLY PREMIUM $22,457 $24,207
ANNUAL PREMIUM $269,484 $290,484
EARLY RETIREE MONTHLY RATES EEs Current Renewal
EE Only 1 $1,830.00 $1,973.00
EE + 1 0 $3,608.00 $3,889.00
EE + Family 0 $4,835.00 $5,212.00
1 MONTHLY PREMIUM $1,830 $1,973
ANNUAL PREMIUM $21,960 $23,676
ACTIVE / EARLY RETIREE TOTAL Current Renewal
TOTAL MONTHLY PREMIUM $24,287 $26,180
TOTAL ANNUAL PREMIUM $291,444 $314,160
ANNUAL DOLLAR CHANGE $22,716
ANNUAL PERCENT CHANGE 7.8%
Emergency Room
Acupuncture Care
Chiropractic Care
Medical Plan Benefits

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Medical Renewal – Kaiser HMO
7 Calendar Year Deductible
Individual / Family None
Embedded / Aggregate N/A
Annual Out-of-Pocket Maximum
Individual / Family $1,500 / $3,000
Embedded / Aggregate Embedded
Physician Office Visit $20 / Visit
Specialist Copay
Preventative Care No Charge
Virtual Physician Visit No Charge
Lab and X-Ray
CT, MRI, PET scans No Charge
Other lab and x-ray tests No Charge
Hospitalization
Inpatient
Outpatient $20 / Procedure
$50 / Visit
(waived if admitted)
Urgent Care Services $20 / Visit
$15 / Visit
(20 visits per calendar year)
(Physician referred; Nausea & pain only)
PRESCRIPTION DRUGS Generic / Brand / Specialty
Retail - 30 day supply $10 / $30 / 20% up to $150
Mail Order - up to 100 day supply $20 / $60 / Not Covered ACTIVE MONTHLY RATES EEs Current Renewal
EE Only 198 $650.00 $701.00
EE + 1 67 $1,277.00 $1,377.00
EE + Family 97 $1,708.00 $1,841.00
362
MONTHLY PREMIUM $379,935 $409,634
ANNUAL PREMIUM $4,559,220 $4,915,608
EARLY RETIREE MONTHLY RATES EEs Current Renewal
EE Only 16 $1,031.00 $1,111.00
EE + 1 1 $2,031.00 $2,189.00
EE + Family 0 $2,721.00 $2,933.00
17 MONTHLY PREMIUM $18,527 $19,965
ANNUAL PREMIUM $222,324 $239,580
ACTIVE / EARLY RETIREE TOTAL Current Renewal
TOTAL MONTHLY PREMIUM $398,462 $429,599
TOTAL ANNUAL PREMIUM $4,781,544 $5,155,188
ANNUAL DOLLAR CHANGE $373,644
ANNUAL PERCENT CHANGE 7.8%
$20 / Visit
Medical Plan Benefits
Emergency Room
Chiropractic Care
Acupuncture Care
$20 / Visit
No Charge
Kaiser (PRISM): Medical HMO
Current / Renewal

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Dental Plans

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PRISM Dental Renewal – DeltaCare DHMO
9 Delta Dental (PRISM): Dental HMO
Current
Diagnostic and Preventive ADA Code
Periodic Oral Evaluation 120 No Charge
X-Rays 210 No Charge
Teeth Cleaning 1110 No Charge
Topical Fluoride 1208 No Charge
Sealants - per tooth 1351 $10
Restorative
Amalgam Filling 1-4 Surfaces 2140-61 $0
Resin - one surface, anterior 2330 $0
Endodontics (Root Canal Therapy)
Pulp Cap 3110 No Charge
Therapeutic Pulpotomy 3220 $0
Root Canal Therapy - anterior 3310 $55
Periodontics
Gingivectomy - per quadrant 4210 $130
Osseous Surgery - per quadrant 4260 $280
Scaling and Root Planning - per quadrant 4341 $25
Oral Surgery
Extractions - Impacted tooth: soft tissue 7220 $50
Extractions - Impacted tooth: partial bony 7230 $70
Extractions - Impacted tooth: full bony 7240 $90
Prosthodontics
Complete - Upper or Lower 5110-20 $145
Immediate - Upper or Lower 5130-40 $165
Partial Denture - Upper or Lower 5213-14 $160
Crown and Bridge
Inlay / Onlay 2510-30 $0
Crown - Porcelain/Ceramic Substrate 2740 $240
Crown - Porcelain Fused to High Noble Metal 2750 $240
Crown - Full Cast High Noble Metal 2790 $210
Orthodontics - comprehensive
Child to age 19 8080 $1,700
Member over age 19 8090 $1,900

RATE GUARANTEE
2 Years
(1/1/2023 - 12/31/2024)
MONTHLY RATES EE's Current
Employee Only 69 $16.80
Employee + 1 Dependent 32 $29.90
Employee + Family 34 $43.80
135
TOTAL MONTHLY PREMIUM $3,605
TOTAL ANNUAL PREMIUM $43,262
Dental Plan Benefits

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PRISM Dental Renewal – Delta Dental PPO
10 Dental Plan Benefits Delta Dental (PRISM): Dental PPO- Core Delta Dental (PRISM): Dental PPO- Buy Up Current / Renewal Current / Renewal
Calendar Year Maximum
Per Member $1,000 $2,000
Calendar Year Deductible
$50 per person $50 per person
(Waived for Diagnostic & Preventive) (Waived for Diagnostic & Preventive) Diagnostic and Preventive
Oral Exam
X-Rays
Teeth Cleaning
Fluoride Treatment
Basic Services
Fillings
Periodontics (Gum disease)
Routine Extractions
Endodontics (Root Canal)
Oral Surgery
Major Services
Surgical Extractions
Bridgework
Dentures
Crowns
Orthodontics Adult & Child Adult & Child
Benefit Percentage 80% 80%
Lifetime Maximum $2,000 $2,000
Rate Guarantee
1 Year
(1/1/2024 - 12/31/2024)
1 Year
(1/1/2024 - 12/31/2024)
MONTHLY RATES EE'S Current Renewal* EE'S Current Renewal* Employee Only 95 $30.00 $30.00 113 $37.00 $37.00
Employee + 1 Dependent 30 $64.70 $64.70 44 $80.50 $80.50 Employee + Family 76 $88.50 $88.50 76 $110.30 $110.30
201 233
TOTAL MONTHLY PREMIUM $11,517 $11,517 $16,106 $16,106
TOTAL ANNUAL PREMIUM $138,204 $138,204 $193,270 $193,270 ANNUAL DOLLAR CHANGE $0 $0
ANNUAL PERCENT CHANGE 0.0% 0.0%
*Assumes using a portion of the stabilization fund to buy down the renewal from 11.5% to a rate pass Individual / Family
50% 50%
80%
50%
80%
50%
80%80%
100% 80% 100%
Out-of-NetworkIn-Network In-Network Out-of-Network
80%

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Vision Plans

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PRISM Vision Renewal – VSP Vision Plan
12 PRISM VSP: Vision- Core PRISM VSP: Vision- Buy Up
Renewal Renewal
In-Network Non-Network I n-Network Non-Network
Copay Plan pays up to: Copay Plan pays up to:

Exam $10 $45 $10 $45
Lenses
Single $10 $30 $10 $30
Bifocal $10 $50 $10 $50
Trifocal $10 $65 $10 $65
Contact Lenses* $130 Allowance $105 $150 Allowance $105 Frames $130 Allowance
+ 20% discount $70 $175 Allowance
+20% discount $70
Frequency of Services
Eye Examination 12 months 12 months
Lenses 12 months 12 months
Frames 12 months 12 months
Contact Lenses* 12 months 12 months
* In lieu of frames
Rate Guarantee 2 Years
(1/1/2024 - 12/31/2025)
2 Years
(1/1/2024 - 12/31/2025)
MONTHLY RATES EE'S Renewal EE'S Renewal
Employee Only 116 $8.60 123 $10.30
Employee + 1 Dependent 29 $16.20 36 $19.50
Employee + 2 or More Dependents 72 $23.80 65 $28.50
217 224
TOTAL MONTHLY PREMIUM $3,181 $3,821
TOTAL ANNUAL PREMIUM $38,172 $45,857
Vision Plan Benefits

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Life And Disability Plans

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Life and Disability Renewal – Lincoln Basic Life and AD&D 14 PRISM Lincoln Financial
Current / Renewal
Eligibility
Class 1-10: Actives
You (the Employee) must be performing the normal duties of Your regular job for the Policyholder on a regular and continuous basis 30 or more hours each week to be eligible for insurance.

Class 11-16: Retirees
An eligible Retiree will become insured on the day the Retiree becomes eligible, subject to certain conditions (as described in the When Insurance Begins provision in the Certificate).

Life Benefits Life Benefits AD&D Benefits Dependent Life Class 1: EDA Employees $50,000 Same as Life $1,000
Class 2: Full-Time Elected Officials 1 x Salary to $250,000 Same as Life $1,000 Class 3: City Council Members $75,000 Same as Life $1,000 Class 4: Mgmt. Employees $75,000 Same as Life $1,000
Class 5: Confidential Employees $50,000 Same as Life $1,000 Class 6: General Unit & Middle Mgmt. Employees $10,000 $25,000 $1,000 Class 7: All Other Mgmt. & Police Mgmt. Employees $50,000 Same as Life $1,000 Class 8: Police Safety Employees $25,000 Same as Life $1,000 Class 9: Part-Time Elected Officials $75,000 Same as Life $1,000 Class 10: Executive Mgmt Employees 1 x Salary to $250,000 Same as Life $1,000 Class 11: Retirees in Mgmt, Police Mgmt, & Fire Mgmt $50,000 Not Covered Not Covered Class 12: Retirees in Confidential & Police Safety $25,000 Not Covered Not Covered Class 13: Retirees in General & Mid Mgmt $10,000 Not Covered Not Covered Class 14: Retirees in Fire Safety $5,000 Not Covered Not Covered Class 15: Grandfathered Retirees $6,400 Not Covered $1,000 Class 16: Grandfathered Retirees Electing Dependent coverage in the amount of $250 $10,000 Not Covered $250
Age % of Original Benefit
70 50%
75 25%
Additional Benefits: Actives Only
Waiver of Premium Included
Seat Belt Provision (AD&D)
Air Bag Provision (AD&D)
Self Bill or List Bill Self Bill
10% insured's Principal Sum
10% insured's Principal Sum
Basic Life and AD&D Plan Benefits
Benefit Reduction Formula
PRISM Lincoln Financial
Rate Guarantee 3 Years (1/1/2024-12/31/2026)
MONTHLY RATES Current / Renewal
Active & Retirees: Basic Life
Class 1-15: Basic Life Benefit Volume $22,893,750
Class 1-15: Basic Life Rate per $1,000 $0.260
Basic Life Monthly Premium $5,952
Actives: Basic AD&D
Class 1-10: Basic AD&D Benefit Volume $22,992,500
Class 1-10: Basic AD&D Rate per $1,000 $0.030
Basic AD&D Monthly Premium $690
Spouse and Dependent Child(ren) Life
Class 1-8, 10-15: Dependent Life Units 321
Class 1-8, 10-15: Dependent Life Rate $0.39
Class 9: Dependent Life Units 0
Class 9: Dependent Life Rate $0.34
Dependent Life Premium $125
Grandfathered Life
Classic 16: Retiree Life $1,356,000
Classic 16: Retiree Life Rate per $1,000 $0.09
Class 16: Spouse & Child(ren) Rate 0
Class 16: Spouse & Child(ren) Rate $0.100
Grandfathered Life Monthly Premium $122
MONTHLY PREMIUM $6,889
ANNUAL PREMIUM $82,673
Basic Life and AD&D Rates

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Life and Disability Renewal – Lincoln Short Term Disability 15 PRISM Lincoln Financial
Current / Renewal
Eligibility
Eligibility Classes
All Eligible Management, Middle
Management, Confidential Police
Management, and Elected Officials
except Council Members working 30
hours per week
STD Benefits
Maximum Weekly Benefit $1,250
Weekly Benefit Percentage 60%
Maximum Benefit Duration 17 Weeks
Elimination Period - Accident 30 Days
Elimination Period - Sickness 30 Days
Elimination Period - Maternity 30 Days
Elimination Period - 1st Day Hospitalization 30 Days
Administration
FICA Match Included
W
-2 Reporting Included
Self Bill or List Bill List Bill
Rate Guarantee 3 Years (1/1/2024-12/31/2026)
MONTHLY RATES Current / Renewal
Rate per $100 of Monthly Covered Payroll $0.125

INSURANCE VOLUME
Monthly Covered Payroll $1,084,544
MONTHLY PREMIUM $1,356
ANNUAL PREMIUM $16,268
Short Term Disability Plan Benefits

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Life and Disability Renewal – Lincoln Paid Family Leave 16 PRISM Lincoln Financial PFL
Eligibility
Eligibility All Eligible Full-Time Employees
Paid Family Leave (PFL)
Benefit Duration 8 Weeks
Benefit Amount
Ranges between 60% to 70% of your weekly
wages earned in the highest quarter of base
period, up to $1,540
Covered Members
Child, Spouse, Domestic Partner, Parent,
Grandparent, Grandchild, In-Laws, and
Siblings
Elimination Period Benefits are payable immediately
Rate Guarantee 1 Year (1/1/2024-12/31/2024)

MONTHLY RATES
Rate per $100 of Monthly Covered Payroll 715 $0.380

INSURANCE VOLUME
Monthly Covered Payroll $5,059,626
MONTHLY PREMIUM $19,227
ANNUAL PREMIUM $230,719
PFL Benefits

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Life and Disability Renewal – Lincoln Long Term Disability 17 PRISM Lincoln Financial
Current / Renewal
Eligibility
Class 1
All Eligible Management, Police Management,
Middle Management, and Confidential with the
Exception of Council Members and EDA working a
min of 30 Hours per Week
Class 2 All Eligible Employees Classified as General Unit regularly working a min of 30 Hours per Week
Class 3 All Eligible Elected Officials working a min of 30 hours per week
Elimination Period Class 1: 180 Days
Class 2: 90 Days
Class 3: 180 Days
Class 1: 60%
Class 2: 50%
Class 3: 60%
Maximum Monthly Benefit Class 1-3: $5,000
Own Occupation Definition 1 Year
Maximum Benefit Duration RBD to age 65, or SSNRA
Pre-Existing Condition 3/12
Mental & Substance Abuse 24 months
FICA Match Included
W-2 Production Included
Self Bill or List Bill Self Bill
Rate Guarantee 3 Years (1/1/2024-12/31/2026)
MONTHLY RATES Current / Renewal
Rate per $100 of Monthly Covered Payroll $0.158

INSURANCE VOLUME
Monthly Covered Payroll $2,359,594
MONTHLY PREMIUM $3,728
ANNUAL PREMIUM $44,738
Long Term Disability Plan Benefits
Monthly Benefit Percentage

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Life and Disability Renewal – Lincoln Supplemental Life 18 Voluntary Life PRISM Lincoln Financial
Plan Benefits Current / Renewal
Eligibility All full-time active employees working
at least 30 hours each week
Employee Life Benefit
Maximum 4x annual salary $500,000
Minimum 1x annual salary or $10,000
Increments of: 1x annual salary
Guaranteed Issue Amount 4x annual salary $350,000
Spouse Life Benefit
Maximum 100% of EE's benefit, up to $250,000
Minimum $5,000
Increments of: $5,000
Guaranteed Issue Amount 100% of EE's benefit, up to $50,000 Dependent Life Benefit
Maximum $10,000
Minimum $2,000
Increments of: $1,000
Guaranteed Issue Amount $10,000
Age % of Original Benefit
70 50%
75 25%
Waiver of Premium Included
Portability Included
Self Bill or List Bill List Bill
Benefit Reduction Schedule
Rate Guarantee 3 Years (1/1/2024-12/31/2026)
Current / Renewal
Employee & Spouse
Under age 20 $0.042
Age 20-24 $0.042
Age 25-29 $0.042
Age 30-34 $0.050
Age 35-39 $0.070
Age 40-44 $0.139
Age 45-49 $0.202
Age 50-54 $0.406
Age 55-59 $0.518
Age 60-64 $1.021
Age 65-69 $1.021
Age 70-74 $1.021
Age 75+ $1.021
Child Rate per $1,000 $0.100
Monthly Rates per $1,000
This document is intended as a quick reference, not a comprehensive description. Limitations and exclusions can be found in the official plan documents. In case of any discrepancies, the official plan documents will govern.

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Life and Disability Renewal – Lincoln Supplemental AD&D 19 PRISM Lincoln Financial
Current / Renewal
Eligibility All full-time active employees working
at least 30 hours each week
Employee Life Benefit Family Plans
Spouse &
Child(ren) Spouse Only Child(ren) Only
Minimum $25,000
Maximum $250,000
Increments of:

Employee may
select a Principal
Sum equal to
$25,000; $50,000;
$75,000;
$100,000;
$150,000;
$200,000 or
$250,000.

Rate Guarantee
Monthly Rate per $1,000 Current / Renewal
Employee Only $0.030
Employee + Family $0.033
This document is intended as a quick reference, not a comprehensive description. Limitations and exclusions can be found in the official plan documents. In case of any discrepancies, the official plan documents will govern. 3 Years (1/1/2024-12/31/2026)
50% of
Employee's
benefit
15% of
Employee's
benefit
Age % of Original Benefit
80 15%
65 65%
70 40%
75 25%
Voluntary AD&D Plan Benefits
Benefit Reduction Schedule
Employee
Spouse Benefit:
40% of
Employee's
benefit
Child Benefit:
10% of
Employee's
benefit

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Voluntary Benefits Plan

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Colonial Life - Accident Coverage
21 Colonial - Basic Plan
Current
Company Rating A.M. Best A
Plan Design Options
Portability Yes, after first payroll deduction
Employee Eligibility Employees working at least 30 hours per week Participation Requirements None
Benefits
Emergency Room Treatment $100
Fractures Up to $4,500
Dislocation Up to $4,000
Hospital Admission $750
Hospital Confinement
$175/day
(up to 365 days)
Accident Follow-Up Treatment $50/visit
3 visits per covered accident / 12 per year
Ambulance $200 (Ground)
$1,000 (Air)
Blood/Plasma/Platelets $300
Burns, 2nd Degree $750
Burns, 3rd Degree $1,500-$12,000
Coma $7,500
(Duration of 14 or more consecutive days)
Concussion $275
Emergency Dental Work $150 (repaired with crown)
$50 (resulting in extraction)
Eye Injury
$200
Knee Cartilage- Torn $500
Laceration $50 - $600
Lodging $150
(per day up to 30 days)
Prosthetic Device/Artificial Limb $750 (1 device)
$1,500 (2 or more devices)
Ruptured Disc $600
Surgery Open Abdominal or Thoracic - $1,000
(Exploratory $150)
Tendon/Ligament/Rotat or Cuff $600 (1 device)
$1,200 (2 or more devices)
Transportation $400 (up to 3 trips per accident)
Rate Guarantee 1/1/2023 - 12/31/2023
MONTHLY RATES EE'S Current
Employee 33 $15.27
Employee + Spouse 6 $25.90
Employee + Child(ren) 7 $25.62
Family 30 $36.25
76 MONTHLY PREMIUM $1,926
ANNUAL PREMIUM $23,114
Accident Plan Benefits

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Colonial Life – Critical Illness
22 Colonial Life: Critical Illness
Current
Benefit Amounts $5,000 - $100,000 in $1,000 increments
Guaranteed Issue Up to $50,000
Spouse Coverage Up to 50% of Employees Coverage
Dependent Coverage Up to 50% of Employees Coverage

POLICY BENEFITS POLICY BENEFITS
Cancer 100%
Coronary Artery Bypass Graft Surgery 25%
Heart Attack 100%
Major Organ Transplant 100%
(Major Organ Failure)
Blindness 100%
Stroke 100%
Enrollment POLICY BENEFITS
Current participation 49
Rate Guarantee 1/1/2023 - 12/31/2023
MONTHLY RATES: NON-TOBACCO EE EE + SP EE + Child(ren) Family Benefit Amount ($10,000)
16-29 $14.96 $24.62 $15.70 $25.46
30-39 $18.76 $30.42 $19.60 $31.16
40-49 $27.16 $42.92 $28.00 $43.86
50-59 $40.56 $63.82 $41.50 $64.76
60-64 $58.56 $91.32 $59.50 $92.26
Benefit Amount ($25,000)
16-29 $20.96 $33.47 $22.45 $35.21
30-39 $30.46 $47.97 $32.20 $49.46
40-49 $51.46 $79.22 $53.20 $81.21
50-59 $84.96 $131.47 $86.95 $133.46
60-64 $129.96 $200.22 $131.95 $202.21
Critical Illness

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Pet Benefit Solutions – Pet Insurance
23 Wishbone / Total Pet
Current / Renewal
Benefit Limits $25,000 N/A
Deductibles 250 N/A
Reimbursements 90% 25%
Network Any Licensed Vet In-Network Only
Wellness Wellness Buy-Up Discount Included
Pre-Exisitng Conditions Not Covered Covered
Telehealth Yes
Claim Turn around < 5 days Discount at Checkout
Deduction Method Direct Bill / Payroll Payroll
Other Lost Pet Recovery
Member-only pricing (40% off)
on brand name prescriptions,
products, food, treats, and toys
and free shipping from
petcarex.com
Lost Pet Recovery
Rate Guarantee 1 Year
(1/1/2023-12/31/2023)
1 Year
(1/1/2024-12/31/2024)
Ees Current / Renewal
1 Pet 10 $11.75
2 + Pets 7 $18.50
17 MONTHLY PREMIUM $247
ANNUAL PREMIUM $2,964
*Wishbone rates are based on breed and zip code
Monthly Rates*
Benefits
Total Pet

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Employee Assistance Program

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Employee Assistance Program – PRISM Concern
25 EAP PRISM Concern
Plan Benefits Renewal
Sessions
Face-to-Face 6 sessions per issue
Telephonic Consultation (24/7) Included
Employee Services
Legal 30-minute consultation per issue
Financial Two 30-minute consultations per issue
Dependent Care Unlimited Consultations /
Online Self-Search

Identity Theft Monitoring Included
Mobile App Mobile Compatible Website Included
Employer Services
Management Consultations Unlimited Telephonic
CISM (Critical Incident Stress Management) PRISM Pooled Hours Training / Workshops PRISM Pooled Hours
Internet Services Included
EAP Promotional Materials Included
RATE GUARANTEE 3 Years
(7/1/23 - 6/30/26)

MONTHLY RATES EE's Renewal
Per Employee Per Month 634 $3.67
MONTHLY PREMIUM $2,327
ANNUAL PREMIUM $27,921

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26 First Responders often face extreme stressors in the course of their duties, which can result in profound, long-lasting effects that can take a toll on mental health and emotional wellbeing To address the unique needs of First Responders, PRISM created a Public Safety Support Task Force (PSSTF) comprised of PRISM member agencies, active-duty law enforcement employees, PRISM staff, mental health clinicians experienced in treating First Responders and Alliant Consultants
The Task Force created a Culturally Competent Program that will overlap, complement or replace existing services offered to First Responders and their family members to include:
• Rapid access to culturally competent mental health providers • Enhanced EAP sessions – 8, 10 or 15
• Additional EAP sessions once session limit has been met (if clinically appropriate) • Specialized First Responder Training Programs
• Specialized First Responder Critical Incident services • Preventive services, screenings and support
• Culturally competent Peer Support training and guidance When First Responders
need help, they deserve
to work with counselors
who understand them!
PRISM
ConcernPlus First
Responder
Program
(Rates Pending)
What is a Culturally Competent Provider?
• Culturally Competent Providers consider values, beliefs and culture when providing care.

They build trust, understand the demands of the job, are licensed, and specifically trained to treat the unique needs of first responders and their families • Trauma Trained - EMDR, Brainspotting, CISM, CBT with trauma focus

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Disclosure

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Disclosures
Alliant embraces a policy of transparency with respect to its compensation from insurance transactions. Details on our compensation policy, including the types of income that Alliant may earn on a placement, are available on our website at www.alliant.com. For a copy of our policy or for any inquiries regarding compensation issues pertaining to your account you may also contact us at: Alliant Insurance Services, Inc., Attention: General Counsel, 701 B Street, 6th Floor, San Diego, CA 92101.

Analyzing insurers' over-all performance and financial strength is a task that requires specialized skills and in-depth technical understanding of all aspects of insurance company finances and operations. Insurance brokerages such as Alliant typically rely upon rating agencies for this type of market analysis. A.M. Best has been an industry leader in this area for many decades, utilizing a combination of quantitative and qualitative analysis of the information available in formulating their ratings.

Alliant’s standard protocol is to only place coverage with carriers with no less than an “A-”- rating from A.M. Best. However, where Alliant determines that it is prudent to consider coverage with a lower rated carrier, the financial rating of the carrier is to be disclosed to the client. Should Alliant becomes aware of a carrier’s rating dropping below “A-“ mid-policy period we will review and advise you of the situation and consider if an alternative carrier can be reasonably provided prior to renewal.

A.M. Best has an extensive database of nearly 6,000 Life/Health, Property Casualty and International companies. You can visit them at www.ambest.com.

Plans are rates presented are generally effective 01/01/2022 through 12 31 2022.

Rates quoted assume current employer contribution levels and participation levels unless otherwise stated. Final rates will be based on final enrollment underwriting.

Updated claims experience or other information may be required to finalize rates. If group demographics, enrollment levels or employer contributions change, rates may change or the quote may be withdrawn.

In general, employees must be actively act work on the effective date of the plan. When implementing new coverage, employees who are not actively at work will not be covered under the plan until they return to active state. It may be possible to waive the actively at work provision.

This proposal should not be interpreted as inclusive of all plan provisions and limitations. For further details, refer to the insurance carrier proposals and carrier plan documents. Benefit coverage and eligibility provisions for fully insured health plans may vary from state to state, based on state mandates. Illustrated enrollment is based on the information provided (employee census, current premium statement and or carrier renewal).

Coverage is not in effect until it is approved by the insurance carrier’s underwriter.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 6, 2023
To: Honorable Mayor and City Council Members
From: Charles McNeely, Interim City Manager;
Lydie Gutfeld, Director of Parks, Recreation, and Community Services
Department: Parks, Recreation, and Community Services
Subject: Receive and File Letter of Intent from Los Angeles Dodger Foundation for Renovation of Blair Park
Baseball Fields – 5th Ward
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the attached letter of intent from the Los Angeles Dodger Foundation.

Executive Summary
Department Staff have received letter of intent from the Los Angeles Dodger Foundation to begin renovating three fields at Blair Park. This project would be fully funded through the foundation and its funding partners including San Manuel Band of Mission Indians.

Background
The Los Angeles Dodgers Foundation (LADF) builds Dodgers Dreamfields to give families in neighborhoods across Los Angeles safe havens and points of pride. The addition of revitalized baseball and softball fields contributes to existing green spaces, promotes physical activity and increases opportunities for play in underserved communities. To-date, LADF has spent over $18.7 million building 60 Dodgers Dreamfields and have plans to complete an additional 15 fields to commemorate the 75th anniversary of the Dodgers’ move to Los Angeles in 2033.

In December 2022, the Parks and Recreation Director completed an application for Los Angeles Dodger Foundation (LADF) to consider a San Bernardino city park site

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with baseball fields for the Dodger Dream Field Program. In completing the application, staff were asked to identify three locations that would meet the criteria of the project. First, the site had to have numerous baseball/softball fields. Second, the site had to be used by local youth sports organizations and city programming. Third, the fields needed to be used for both baseball and softball as well as city programming. Staff worked with the Athletics team and the Park Operations team to identify the locations that would work to meet the criteria; Wildwood, Newmark, and Blair Parks were selected as possible sites. Staff provided LADF with demographic data of youth sports groups as well as a maintenance plan that would be implemented should the City’s site be chosen by LADF. The maintenance plan would assure LAFD that there would be longevity in the use of these three fields for a variety of site users.

In January 2023, a site walk through of each park was completed with representatives from San Manuel Band of Mission Indians, Parks and Recreation, Public Works, and the lead designer for the Los Angeles Dodgers Dream Fields. Additional follow up meetings were completed to discuss irrigation, maintenance, and other needs.

Discussion
In March 2023, the City was notified that Blair Park, located at 1466 W. Marshall Blvd., had been selected as the next Dodger DreamFields site. LADF has committed to partnering with the City to build three (3) Dodgers Dreamfields at the park and will provide an overall rendering of the project to the City. San Manuel Band of Mission Indians, Security Benefit, LA84 Foundation, and the Helen and Will Webster Foundation have also agreed to support the project with funding, and the balance will be covered by LADF. Construction of the Dodgers Dreamfields at Blair Park will be led by LADF and its project manager, Jon Mosier of Landmark Sports. Due to LADF’s commitment to three fields, the City is required to commit to enhancements to the project that includes a parking lot slurry seal, lining, and the renovations of the restroom and concession building. The City’s cost to complete these enhancements is approximately $130,000. Funding for these enhancements has been identified in the current operations budget and the parking lot slurry is planned with the current asphalt contract.

In July, San Manuel Band of Mission Indians notified the City that it would be providing $1,296,000 towards this project. These three fields will represent the 61st, 62nd, and 63rd Dodger Dreamfields, working to help the LADF fulfill their promise to build 75 Dodger Dreamfields by 2033 in honor of the Dodgers’ 75th anniversary of their move to Los Angeles.

LADF will circulate a draft agreement between our two parties for the installation of the baseball field improvements for review at the October 4, 2023, Mayor and City Council Meeting. The plan is to start construction in November 2023 with an expected unveiling event in May/June 2024.

2021-2025 Strategic Targets and Goals
Strategic Target No. 2 – Focused Aligned Leadership and Unified Community- by

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developing enhanced fields, youth groups and adult sports will begin to experience a higher level of play. Strategic Target No. 3.- Improved Quality of Life- by having fields that are designed with quality elements, the experience can develop stronger youth skill sets through sports and provide health and wellness benefits for all ages.

Fiscal Impact
There is sufficient budget in the CIP and operations budget for this item.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the attached letter of intent from the Los Angeles Dodger Foundation.

Attachments
Attachment 1 Letter of Intent – Blair Park
Attachment 2 Dodger Dream Fields (Blair Park) Maintenance, Repair, and Inspection Plan
Attachment 3 Dodger Dream Field League Charts
Ward:

Fifth Ward
Synopsis of Previous Council Actions:

No Previous Council Action

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1000 VIN SCULLY AVENUE LOS ANGELES, CA 90012 323-224-4260 August 22, 2023

Lydie Gutfeld
Director of Parks, Recreation and Community Services
City of San Bernardino
201 N. E Street
San Bernardino, California 92401

Dear Ms. Gutfeld:

The Los Angeles Dodgers Foundation (LADF) is committed to partnering with the City of San Bernardino (City) to build three (3) Dodgers Dreamfields at Blair Park located at 1466 West Marshall Blvd, San Bernardino, CA 92405. The plan is to start construction in November 2023 with an expected unveiling event in May/June 2024. LADF will provide an overall rendering of the project to the City. San Manuel Band of Mission Indians, Security Benefit, LA84 Foundation and the Helen and Will Webster Foundation have also agreed to support the project with funding, and the balance will be covered by LADF. The City of San Bernardino will provide additional park upgrades that include restrooms, concession stands, and the parking lot.

Construction of the Dodgers Dreamfields at Blair Park will be led by LADF and its project manager, Jon Mosier of Landmark Sports. We will circulate a draft agreement between our two parties for the installation of the baseball field improvements to review shortly. The goal is to have a final agreement signed by October 2, 2023, or soon thereafter.

We look forward to working with the City of San Bernardino on this amazing project. If you have any questions, please contact Manny Aceves at 323-224-1596 or [email protected] or Tiffany Rubin at 323-224-1562 or [email protected].

Sincerely,

Nichol Whiteman
Chief Executive Officer
Los Angeles Dodgers Foundation

I hereby agree to the above letter of intent.

Lydie Gutfeld

______________________________________________________
Signature

______________________________________________________
Title

______________________________________________________
Date

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Dodger Dream Fields (Blair Park) Maintenance, Repair, and Inspection Plan General. The City of San Bernardino values the recreational services it provides to its residents and visitors alike. The Dodger Dream Fields and Blair Park are a source of pride for the City and will be meticulously maintained through in-house and contractual staff along with community groups and event organizers. The following technical specifications provide a description of the required maintenance and inspection tasks. They should be cross-referenced with the Work Task and Frequency Table to help determine how often fields are maintained and inspected.

Technical Specifications of Maintenance Work Tasks

1. Litter Collection from Grounds. This includes the collection of all litter from all ballfields, bleachers, dug outs, bullpens, parking lots, sidewalks and related areas. Litter shall include non- typical discarded items, such as syringes, used clothing/shoes and is not limited solely to paper- based wrappings or discarded food packaging. This task will be performed daily by 9am.

2. Litter Collection from Cans and Receptacles. All trash receptacles and cans will be emptied daily. Any damage to can liners will be immediately reported and replaced within the same day.

This task will be performed daily by 9am.

3. Mowing. Mowing will occur at least weekly with some exceptions for additional mowing as requested. Litter shall be collected from grassturf prior to mowing and must not be shredded with equipment. All care shall be taken to ensure sprinkler heads are not damaged by equipment. Grass clippings must not be left on-site (either as a pile or as mower trail clumps).

Equipment tracks (on grassturf) will be repaired before leaving the site for the day. This task will be performed once a week by Friday.

4. Edging. In conjunction with mowing, edging will occur on any areas where turf begins. While chemical edging may be used to expedite this task, any leftover browned-out grass will require manual removal if not deteriorated in a timely manner. This task will be performed by Friday.

Ballfield fence edging is specified in Paragraph 20.

5. Sweeping/Blowing. All sidewalks, entrances, bleacher areas will either be swept or blown (with power blowers) to remove dirt, minor debris, gravel, and/or any other items/residue. This task will be performed weekly by Friday.

6. Bleacher Power washing Proper power washing will be performed using non-abrasive methods that will not harm the bleachers. All efforts will be made to prevent any chipping of paints (if any) and alternative methods to clean the bleachers are allowed. This task will each Friday.

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7. Dug Out Cleaning. Dug outs will be cleaned, weed-abated, power-washed, graffiti-abated, and inspected for any hazards on a weekly basis. Any damage to bench or fence will be immediately reported to the Parks Maintenance Supervisor.

8. Weed Abatement weed abatement will be performed in an effort to fully remove all weeds.

This includes weed abatement at parking lots, sidewalks, bleacher entrances or other concrete surfaces but are nevertheless growing weeds. Chemical agents are authorized as allowed by law. Once weeds shall be pulled from the ground with its root attached. This task will occur weekly be Friday.

9. Bullpen Cleaning Bullpens will be cleaned, weed-abated, power-washed, graffiti-abated, and inspected for any hazards on a weekly basis. Any damage to bench or fence will be immediately reported to the Parks Maintenance Supervisor.

10. Irrigation Inspection and Repair All irrigation be inspected to ensure everything is in proper working order and not vandalized or damaged. Any leaks, breaks to irrigation lines and related components will be repaired by the vendor. Irrigation inspections will occur by 3 p.m. on a daily basis. Repairs will be complete within 24 hours of notification for simple line breaks and nozzle breaks on plant bed lines. More complex leaks requiring excavation will be complete no later than 48 hours. Controllers will also be inspected to ensure proper functionality. Saw cutting of sidewalks or excavation of grounds to repair leaks will be the responsibility of the vendor but extensive work should be reported to the Contract Manager to ensure fairness in labor costs related to the work.

11. Backflow Inspection. Backflows shall be inspected to ensure they are in proper working order an not vandalized or shut off. Any instance of significant vandalism shall be reported to the Parks Maintenance Supervisor. Repairs will be complete within 24 hours of notification. This includes repairing cages and locks.

12. Water Fountain Inspection Water fountains will be inspected weekly to ensure they are in proper working order. Any malfunctions will be immediately reported to the Parks Maintenance Supervisor for repair within 48 hours.

13. Pest Control and Inspection Pest control of any pests is expected at all ballfield grounds.This primarily includes ground squirrels, but, will also include any other pests and insects. Fire ants will be treated on site using approved chemical agents. Any invasive insects affecting plants/shrubs will also be treated by the vendor. This task will occur every two weeks.

14. Sign Inspection and Clean Up All signage will be inspected for graffiti, vandalism, and/or fading and will be replaced within 72 hours or sooner. Temporary signage will be installed while replacement signage is being fabricated. This includes concession stand signage, restrooms, ballfield identification signage, bullpen, dug outs, and any other type of signage on the grounds.

15. Scoreboard Inspection and Clean Up All scoreboards will be inspected to ensure they are in proper working order and cleaned up as necessary for graffiti, debris, dirt, rain damage, or any

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other damage related to the elements. Malfunctioning or burnt-out bulbs will be replaced immediately with on-hand stock. Complex malfunctions will be immediately reported and the City’s electrical contractor will be available to make needed repairs.

16. Concession Stand Clean Up (exterior) Concession stand (exteriors) will be cleaned up of any debris and litter. Leagues or event participants will be responsible for cleaning up the concession stand interior after its use.

17. Aerificaiton/Fertlization. Fertilization will occur annually (or as needed for special events) by our licensed contractor.

18. Bench/Picnic Table Powerwashing Powerwashing of benches, tables, and other hardscape amenities will be performed using non-abrasive methods that will not harm the hardscape elements. All efforts will be made to prevent any chipping of paints (if any) and alternative methods to clean the monuments are allowed. This task will occur weekly.

19. Parking Lot Sweeping City sweeping contractor will provide sweeping services to all ballfield parking lots and will include sweeping of curbs and gutters. This task will be performed monthly or as needed for special events.

20. Ballfield Fence Edging Edging will occur in conjunction with mowing but particular attention will be paid to ballfield fences to ensure no weeds are growing or visible. Fenceline guards (if in place) will be inspected to ensure weeds are not growing around them.

21. Ballfield Fence Vines/Weed Removal Vines or other weeds growing onto fences will be pulled from the roots and chemically sprayed.

22. Striping In-house staff will provide striping for routine use of fields in accordance with applicable ballgame regulations and standards.

23. Clay Installation In-house staff will provide, install, and maintain clay at the beginning of each season and will provide additional clay as needed throughout the season.

24. Restroom Inspection All restroom will be inspected by in-house staff and cleaned as needed prior to events. Any damages will be reported to the Facilities Division.

25. Overseeding Overseeding will occur on an annual basis. Seed blends (Rye-grass variations) shall be used as appropriate for the specific ballfield.

26. Graffiti Abatement. In house staff will report any graffiti to the graffiti work section for removal within 48 hours. This includes slap stickers, small tagging, along with larger size graffiti.

Bleachers will also be inspected for graffiti.

Staffing

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The Operations and Maintenance Division will oversee all applicable maintenance, inspection and repair contracts through its Parks Maintenance Work Section. In-house staff consisting of Parks Maintenance Workers will also provide daily maintenance services and inspection.

Annual Inspection Reports
Annual inspections to determine the condition of the ballfields will be conducted no later than March 30th with a report provided to the Parks and Recreation Department’s Director. The report will include a listing of any items requiring repair or replacement with a specific timeline for completion (specifically, before ball season begins).

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Please fill out the chart below of all the baseball and softball leagues that will take place at the nominated location that would utilize the Dodgers Dreamfield(s).

List all the leagues and tournaments (youth and adult) that will utilize the Dodgers Dreamfield(s). Please include a gender breakout and participation numbers (these can reflect results from the year before).

League/Activity
Type
Organization
Name
Who Facilitates
the League?
Age
Group
League Start
and End Dates
Male
participation
percentage
Female
participation
percentage
Total
Participation
EXAMPLE.

Baseball and
Softball League
Youth
Recreation
League
City of Los
Angeles
Department of
Recreation and
Parks
Ages 5-
18 April 2018 -
June 2018
50 % Female
and 50 %
Male
200
Blair Park: Little
League
Ridgeline
Little League
Little League
Baseball
4-16 August 2022-
June 2023
70% Male 30%
Female
300
Blair Park: Adult
Baseball League
Veteran’s
Baseball
League
Veteran’s
Baseball League
18+ Year Round 100% Male 100
Speicher Park:

Little League
Arrowhead
Little League
Little League
Baseball
4-16 August 2022-
June 2023
65% Male 35%
Female
400
Speicher Park:

Youth Softball
SB Klutch SB Klutch 10-18 August 2022-
June 2023
100% Female 80
Wildwood Park:

Youth Baseball
Wildwood
Little League
Little League
Baseball
4-16 August 2022-
June 2023
75% Male
25% Female
300
Newmark Park:

Youth Baseball &
Softball
Newmark
Little League
Little League
Baseball
4-16 August 2022-
June 2023
70% Male
30% Female
400

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CONSENT CALDENDAR
City of San Bernardino
Request for Council Action
Date: September 6, 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: Design Services Agreement with Miller Architectural Corporation for Renovation of a One Stop Shop
Permitting Center (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to approve an Agreement with Miller Architectural Corporation for renovation and design services for a fee in the amount of $71,575 to create a One Stop Shop Permitting Center on the 3rd floor of the property located at 201 North E Street.

Executive Summary:

To improve face-to-face customer service with the public, the City is developing a One Stop Shop Permitting Center (“One Stop Shop”). Staff is requesting the City Council approve of a Design Service Agreement for design services from Miller Architectural Corporation to create a plan to reconstruct the 3rd floor counter space of the city-owned building at 201B North E Street. Currently, various permits are processed on both the 2nd and 3rd floor of the building. The One Stop Shop will combine these processes into one central area on the 3rd floor. The design fee is $71,575.

Background
With the closure of City Hall in 2017 due to structural concerns in the event of an earthquake, the City has had to displace all its departments in separate buildings.

This has created an inconvenience for residents, developers, and contractors in need of city permitting services. The Community & Economic Development department and Public Works are housed on level 3 and level 2 respectively of the city-owned building at 201B North E Street. Both departments have a public counter which is open Monday through Friday and receives a heavy amount of foot traffic throughout the day.

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There are a total of six divisions and departments that issue permits to the public.

Business Registration division is housed in the offices next door at 201A North E Street. The San Bernardino Municipal Water Department (SBMWD) and San Bernardino County Fire Department (SBCFD) also issue permits at other off-site locations.

On June 30, 2021, the City Council approved the One Stop Shop. The Mayor and City Council of San Bernardino, California, approved a Professional Services Agreement with Client First to conduct a software needs assessment and ERP (Enterprise Resource Planning) consulting services on May 4, 2022.

On June 1, 2022, the Mayor and City Council adopted Resolution No. 2022-102, approving the City of San Bernardino’s annual operating budgets and Capital Improvement Plan (CIP) for the 2023 and 2024 fiscal years.

Discussion
The division of services has been the source of many miscommunications, confusion, and growing frustration among the local development community and small businesses when engaging with the City. Currently, customers are required to travel to various areas for service and endure long wait times. Additionally, the City’s use of outdated technology has contributed to inefficiencies. Currently, there is no existing online application or digital plan check software available for customers to review.

To resolve this issue and improve the process, staff has come together with the purpose of combining these services into an all-inclusive One Stop Shop Permitting Center. This will include Building & Safety, Planning, Public Works, Business Registration/Licenses, the SBMWD, and the SBCFD. This action will require a complete interior redesign of the 3 rd floor space of the 201B building on North E Street to build workspace for staff and create an appropriate waiting area for increased volume of visitors. Approval of this project will make the permitting process more convenient for customers, improve communication between city staff and the public, reduce wait times, and enhance plan check coordination and turnaround time.

The City entered into a Professional Service Agreement for On-Call Architecture Services on October 6, 2021. The term expired on October 5, 2022. Therefore, staff is requesting the issuance of a new Design Service Agreement for this specific task to complete this critical strategic project.
2021-2025 Strategic Targets and Goals
This project is aligned with Key Target No. 2b: Focused, Aligned Leadership, and Unified Community - Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness; and Key Target No. 3b: Improved Quality of Life - Integrate customer-service orientation and metrics into all City operations. Approval of this

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project will provide an environment in which front-line staff are able to assist customers proactively and efficiently while establishing a better experience for members of the public.

Fiscal Impact
There is no General Fund Impact associated with this action. Funding for this project was established in FY 2022/23 as part of the Capital Improvement Plan (CIP) in the amount of $400,000 in the Public Use Facilities Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to approve an Agreement with Miller Architectural Corporation for renovation and design services for a fee in the amount of $71,575 to create a One Stop Shop Permitting Center on the 3rd floor of the property located at 201 North E Street.

Attachments
Attachment 1 Revised Fee Proposal 6-16-23
Attachment 2 Design Service Agreement Miller Architectural Corporation Ward:

All Wards
Synopsis of Previous Council Actions:

June 1, 2022 Resolution No. 2022-102 of the Mayor and City Council of the City of San Bernardino, California, approving and adopting the City of San Bernardino’s annual operating budgets and
Capital Improvement Plan (CIP) for Fiscal Year 2023 and Fiscal Year 2024.

May 4, 2022 Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a
Professional Services Agreement between the City of San Bernardino and Client First Consulting for a software needs assessment and Enterprise Resource Planning (ERP)
consulting services.

June 30, 2021 Approval of the One Stop Permitting Center project.

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June 16, 2023

City of San Bernardino
Public Works Department
Engineering Division
201 B North ‘E’ Street, 2
nd Floor
San Bernardino, CA 92401
Attn: David Marghezi

Re: Design & Engineering Services for 3
rd Floor One Stop Permit Center
201 E Street, San Bernardino

Dear Mr. Marghezi:

We are pleased to submit a revised proposal to prov ide architectural services for the above-referenced project. We understand the scope o f work has been expanded to include additional rooms as indicated in blue on th e attached floor plan. The areas highlighted in blue and yellow will be included in the tenant improvements to the 3 rd floor to
accommodate the new One Stop Permit Center, seating area, circulation area, creation of code compliant exiting and accessory support functi ons to meet current code and accessibility requirements. Services to be provide d will include architectural, electrical, and mechanical engineering. Scope of work to be performed include the following:
• Architectural Design to include remodel and modifi cation to the existing Council Chambers area to create One Stop Permit center defi ned areas for Public counter for each department to serve public needs with seat ing, staff and legal counsel areas that are separated by defined built-in barrie rs. Creation of breakout conference area for Conference room as necessary.
• Creation of storage and IT service areas that are directly accessible to the space to support the One Stop Permit Center and functions required of a multi-function space.
• Electrical design to include remodel and modificat ion to power/ signal design, lighting design and audio-visual design to address the new layout and required needs of the reconfigured space and use.
• Mechanical design to include remodel and modificat ion to the existing mechanical ductwork and system layout to meet required needs of the reconfigured space and use.

We intend to provide the following services:

Task 1 - Project Initiation Fee - Not Applicable
Task 2 - Project Information

1. Research requirements of local regulatory agenci es.

2. Program / scope review meeting with the Owner.

3. Field verification of site and facility conditio ns by Architect, consultants and building official.

4. Field measure and creation of As-built plans
Task 3 - Schematic Design

1. Prepare floor plan based upon scope established by City departments.

2. Present floor plan options to city departments t o determine final scope requirements and obtain approval of floor plan layout.

3. Review project scope and requirement with buildi ng official to establish and determine code requirements based upon final scope.

4. Modify as necessary final floor plan to address all department needs and accommodate required code and ADA accessibility for approval of the final

floor plan layout.

Task 4 - Government Processing Planning Phase – Not Applicable Task 4 - Government Processing Planning Phase – Not Applicable Task 5 - Design Development

1. Based on Owner’s approved schematic design, prep are demolition plan, dimensioned floor plan, noted floor plan, and reflected ceiling plan.

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2. Prepare information and drawing packages to enab le consultants to start work.

Task 6 - Construction Documents

1. Based on the approved floor plan design, prepare construction documents to include the following:
a. Architectural documents
b. Electrical engineering documents
c. Mechanical engineering documents
d. Specifications

2. Assist owner in selection and specification of f inishes and furnishings as required.

Task 7 - Government Processing Building Phase

1. Submit documents to government agencies for the purpose of obtaining a building permit.

2. Make required plan check revisions. It is expec ted that plan check comments will be a reasonable interpretation of the code.

Task 8 - Bidding Assistance – limited to one bid pr ocess

1. Issue bid documents to enable prices to be prepa red by qualified contractors.

2. Respond to contractor questions.

3. Assist the Owner in reviewing the bids.

Task 9 - Construction Administration

1. Respond to Contractor or inspector questions.

2. Maximum of two shop drawing reviews per submitta l. Additional shop drawing reviews shall be reviewed on an hourly basi s in accordance with the Architect’s fee schedule.

3. Site inspections as needed but not more than 4 t otal.

Task 10 - Close out

1. Develop a punch list by Architectural and Engine ering consultants of outstanding items to be corrected by the Contractor.

2. Assist the Owner in establishing substantial com pletion.

We will provide the above services for the following fees:

Task 1 Project Initiation Fee -0-
Task 2 Project Information $5,625.00
Task 3 Schematic Design $7,625.00
Task 4 Government Processin g Planning Phase -0-
Task 5 Design Development $11,50 0.00
Task 6 Construction Documents $35,975.00
Task 7 Government Process ing Building Phase $2,850.00 Task 8 Bidding Assistance $1, 600.00
Task 9 Construction Admin istration $3,850.00
Task 10 Close ou t $1, 550.00
Total $70 ,575 .00

Estimated reimbursa ble $1,00 0.00
Total with reimbursable $71 ,575.00

Additional Services –

1. Changes to the scope of work during any phase of the contract shall be billed in accordance with the attached hourly rate schedule.

2. Services beyond submitting and allowing the revi ew process to run its normal course shall be billed hourly in accordance with the attac hed hourly rate schedule. These services include but are not limited to phone calls to assure timely processing, tracking documents lost by government agencies and other efforts necessary to assure the government agencies are moving the project through the process.

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Reimbursable expenses and services beyond the above-described scope shall be billed in accordance with the attached fee schedule. The Own er permits the Architect to take photographs of the property during construction and upon completion of the work.

Payments on account for services rendered, and for reimbursable expenses incurred, shall be made monthly upon presentation of Architect’s st atement of services. Architect may charge interest at a rate of 1% per month for unpai d balances over 30 days late. Work may stop on this project if an invoice is past due by more than 30 days. Collection efforts including liens will be pursued for invoices more than 90 days past due. The Owner agrees that the Architect has a lien on any money or prope rty recovered in satisfaction or partial satisfaction of your claim in any matter in which y ou have retained the Architect. This lien is not limited to fees and costs incurred in the sp ecific matter from which a settlement or judgment arose, but applies to all fees and costs t he Owner owes the Architect for any legal services provided.

This Agreement may, without cause, be terminated by either party upon not less than seven days’ written notice of withdrawal in the eve nt that either party fails to meet to their obligations, or in the event either party determine s, with reasonable discretion, that it would be unethical or impractical to continue in th is or any other matter. In the event of termination, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses. T he Architect reserves the right to make final selection of Consultants.

This Agreement constitutes the full understanding o f the terms of the agreement, superseding any prior oral or written understanding, and may not be amended or modified except by a writing signed by both the Architect and Owner.

The following items are excluded from this proposal:
- Reproduction Costs (except for
Architect’s in-house use)
- Title Information (Radius Map, etc.)
- Voice/Data/Alarm Wiring
- Civil Engineering
- Landscape Architecture
- Fire Sprinkler/Alarm Design by others
- Environmental Impact, CEQA & Traffic
Reports
- Agency Fees
- Construction Related Testing/Reports
- Project Scheduling
- Structural Engineering
- Plumbing Engineering

If you would like us to proceed, and are in agreeme nt with the above, please sign where indicated below and return one signed copy fo r our files. Work on this project will commence after receipt of the signed proposal. Thank you for this opportunity to be of service; we look forward to working with you on the successful completion of this project.

Sincerely, Approved by:

MILLER ___________________________
Architectural Corporation Signature Date

Kathy Oswalt

Kathleen M. Oswalt
Senior Project Manager
(909) 910-2437

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2022 FEE SCHEDULE

MILLER ARCHITECTURAL CORPORATION
1177 IDAHO STREET, SUITE 200
REDLANDS, CA 92374
P 909.335.7400 F 909.335.7299

PROFESSIONAL AND TECHNICAL STAFF:

Senior Principal $242.00/hour
Court/Arbitration Appearance $289.00/hour
Deposition $315.00 - First Hour
$284.00 - Each Additional Hour
Principal (Architecture Division) $186.00/hour
Associate (Architecture Division) $163.00/hour
Principal (Interiors Division) $158.00/hour
Senior Project Manager $145.00/hour
Project Manager $135.00/hour
Senior Technician $126.00/hour
Intermediate Technician $88.00/hour
Senior Clerk/Executive Assistant/Office Mgr. $87. 00/hour Junior Technician $79.00/hour
Administrative Assistant/Marketing Assistant $84.0 0/hour Secretarial/Clerical/Intern $65.00/hour
Archive Retrieval Fee $210.00/Flat Fee
Drone Photography/Remote Aerial Survey $263.00/ho ur

Overtime for hourly personnel will be charged at the base rate of 1.5 per hour for time in excess of 8 hours per weekday or for work on Saturdays, Sundays, and holidays.

EXPENSES:

1. Out of pocket expenses, (i.e., photocopies, film development, shipping, blueprints): cost plus 15%.

2. In-house Services:

Large Format $ 2.40 per 24" x 36" sheet
Black & White: $ 3.35 per 30" x 42" sheet

Large Format $7.10 per 24" x 36" sheet
Color: $9.20 per 30" x 42" sheet

Photocopies: Black & White: $0.33 per 8-1/2” x 1 1” page Black & White: $0.56 per 11" x 17" page
Color: $1.82 per 8/1/2" x 11" page
Color: $3.10 per 11" x 17" page
Black & White $0.83 per 12” x 18” page
Color $3.65 per 12” x 18” page

Presentation Materials: $21.00 per 30 x 40 Foam B oard

CD with Files: $52.00

Upload Data: $52.00

3. Mileage: $.70 per mile.

4. For work which requires overnight lodging, a per diem charge will be made appropriate to the area, based on actual costs.

5. Outside consultants not included in base fee and plan check fees shall be billed at direct cost plus 15%.

INVOICING

Invoices will be issued either monthly or bi-weekly and are due and payable upon receipt of the invoic e, unless otherwise agreed. Interest of 1% per month, but not exceeding the maximum rate allowed by law, will be payable on any amounts not paid within 30 days. Pay ment thereafter is to be applied first to accrued i nterest and then to the principal unpaid amount. Attorney’s fees or other cost incurred in collecting any deli nquent amount shall be paid by the client.

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CITY OF SAN BERNARDINO

DESIGN SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into as September 6, 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, California 92401 (“City”), and Miller Architectural Corporation, a California Corporation with its principal place of business at 1177 Idaho Street, Suite 200, Redlands, California 92374 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2Designer. Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.

2.3Project. City desires to engage Designer to render such services for the One Stop Permitting Center ("Project") as set forth in this Agreement.

3. TERMS

3.1 Employment of Designer.

3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.

3.1.2 Term. The term of this Agreement shall be from September 6, 2023 to April 6, 2025, 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.

3.2 Project Designer; Key Personnel.

3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates Kathy Oswalt to

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act as the Project Designer for the Project, license number C14635. The Project Designer shall:
(1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.

3.2.2 Key Personnel. In addition to the Project Designer, Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows:

Kathy Oswalt, Senior Project Manager
Pawel Kryszewski, Production
Bob Evers, Mechanical Engineer – REO Engineering
Luis Flores, Electrical Engineer – A & F Engineering

3.3 Hiring of Consultants and Personnel.

3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.

3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.

3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance

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requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.

3.4 Standard of Care.

3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein.

3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project.

3.5 Laws and Regulations.

3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom.

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Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.5.2 Drawings and Specifications. Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City.

3.5.3 Americans with Disabilities Act. Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.

3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.

3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.

Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with

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jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
(b) Standard of Care. Designer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
(c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.

3.5.6 Air Quality.
(a) Compliance with Air Quality Laws, Ordinances, and Regulations.

Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.6 Independent Contractor.

3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an

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employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.7 Schedule of Services.

3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.

3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein.

Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.

3.7.3 Performance Schedule. Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds.

Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer without the prior written approval of City. If the Designer’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement.

3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) Force Majeure Event . Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays. Such a non-compensable adjustment shall be Designer’s sole and exclusive remedy for such delays and the Designer will not receive an adjustment to the contract price or any other compensation. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in

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the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Designer and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

3.8 Additional Designer Services.

3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.

3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Designer as to the compensation to be paid for such services. City shall pay Designer for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement.

3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Designer was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid.

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(b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Designer to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Designer. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Designer is not a party. (f) Damage Repair. Supervision of repair of damages to any structure. (g) Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Designer's services for the Project.

3.9 City Responsibilities. City’s responsibilities shall include the following:

3.9.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Designer with a preliminary construction budget (“City’s Preliminary Construction Budget”).

3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.

3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.

3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.

3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.

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3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.

3.9.7 City’s Representative. The City hereby designates Charles E. McNeely, Interim City Manager or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Representative hereby designates Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.9.8 Review and Approved Documents. Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.

3.10 Compensation.

3.10.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Seventy One Thousand Five Hundred Seventy Five Dollars ($71,575.00) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.

3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.

3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2)

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out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.

3.10.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid at the address listed in Section 3.29. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein.

3.10.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control.

3.10.6 Prevailing Wages. Designer is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations,

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Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site.

Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.10.7 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.10.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Designer or any subcontractor.

3.11 Notice to Proceed.

Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.12 Termination, Suspension and Abandonment.

3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the

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Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement.

3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer.

3.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.

3.12.4 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.13 Ownership and Use of Documents; Confidentiality.

3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer.

Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.

3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.

3.13.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Designer makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City.

3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.

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3.14 Indemnification.

3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers.

3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Designer’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate percentage of fault.

3.15 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.15.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Designer agrees to amend, supplement or endorse the policies to do so.

3.15.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.15.3 Commercial General Liability
(a) The Designer shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage

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(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(d) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(e) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.

3.15.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(b) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.

3.15.5 Workers’ Compensation/Employer’s Liability

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(a) Designer certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(b) To the extent Designer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Designer shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein.

Designer shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this Section.

3.15.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this Agreement the Designer shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Designer. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

3.15.7 Privacy/Network Security (Cyber
(a) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.

3.15.8 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence

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Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and aggregate (b) Defense costs shall be payable in addition to the limits. (c) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.

3.15.9 Evidence Required
(a) Prior to execution of the Agreement, the Designer shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

3.15.10 Policy Provisions Required
(a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non- payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of

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recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Designer from liability in excess of such coverage, nor shall it limit the Designer’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

3.15.11 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.15.12 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Designer, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Designer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(b) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Designer or City will withhold amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel this Agreement.
(c) The City may require the Designer to provide complete copies of all insurance policies in effect for the duration of the Project. (d) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

3.15.13 Subconsultant Insurance Requirements
(a) Designer shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Designer, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

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3.16 Records.

Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable.

Designer shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.

3.17 Standardized Manufactured Items.

Designer shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.

3.18 Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City.

3.19 Mediation.

Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.

3.20 Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement.

However, Designer shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

3.21 Asbestos Certification.

Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its

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specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.

3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County.

3.24 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

3.26 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.27 Safety.

Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.

3.28 Harassment Policy.

Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Designer shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Designer's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.

3.29 Delivery of Notices.

All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may

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provide in writing for this purpose:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: Interim City Manager
With a Copy to:

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

Miller Architectural Corporation
1177 Idaho Street, Suite 200
Redlands, California 92374
Attn: Kathy Oswalt
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.30 Time of Essence.

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

3.31 City’s Right to Employ Other Consultants.

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

3.32 Prohibited Interests.

3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Designer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

3.32.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.33 Equal Opportunity Employment.

Designer represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law.

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Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Designer shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.34 Labor Certification.

By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.35 Subcontracting.

As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.

3.36 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.37 Electronic Signature.

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

3.38 Entire Agreement.

This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. [SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

MILLER ARCHITECTURAL CORPORATION
IN WITNESS WHEREOF, the Parties hereto 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, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

MILLER ARCHITECTURAL

CORPORATION
Signature
Name
Title

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Exhibit A-1

EXHIBIT A
DESIGNER’S SCOPE OF SERVICES

1. GENERAL REQUIREMENTS.

1.1 Basic Services. Designer agrees to perform all the necessary professional design, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the parties) and construction administration services for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein.

1.2 Exclusions from Basic Services. The following services shall be excluded from the basic services listed above: N/A

1.3 Additional Services. Designer shall perform the following Additional Services for the Project: N/A

1.4 Communication with City. Designer shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractor’s warranty period. Designer shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City.

1.5 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Designer will be fully aware of the duties and responsibilities of the construction manager.

The Designer shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Designer shall request clarification from the City in writing if the Designer should have any questions regarding the authority of the construction manager.

2. INITIAL PLANNING PHASE.

During the initial planning phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters.

2.2 Meeting Budget and Project Goals. Designer shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project budget and time line, including the City’s Preliminary Construction Budget.

Designer shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and construction

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Exhibit A-2
allowance. It shall be the duty of the Designer to design the Project within budget. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by the stated amount, Designer may be required to make the necessary changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget.

2.3 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the Agreement, Designer shall assist City in securing easements, encroachment permits, rights of way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners.

3. SCHEMATIC PLAN PHASE.

During the schematic plan phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

3.1 Funding Documents. Designer shall provide a site plan and all other Project- related information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project.

3.2 Schematic Plans. In cooperation with City, Designer shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed design concept of the buildings (“Schematic Plans”). Designer shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All design drawings for the Project shall be in a form suitable for reproduction.

3.3 Preliminary Project Budget. Designer shall use the City’s Preliminary Construction Budget and its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City (“Designer’s Preliminary Project Budget”). The purpose of the Designer’s Preliminary Project Budget is to show the probable Project cost in relation to City’s Preliminary Construction Budget and the construction standards of any applicable funding agency. If Designer perceives site considerations which render the Project expensive or cost prohibitive, Designer shall disclose such conditions in writing to City immediately. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by more than the stated amount, Designer may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Designer shall provide a preliminary written time schedule for the performance of all construction work on the Project.

3.4 Copies of Schematic Plans and Other Documents. Designer, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

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Exhibit A-3

4. DESIGN DEVELOPMENT PHASE.

During the design development phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

4.1 Design Development Documents. Once City provides Designer with specific written approval of the Schematic Plans described herein, Designer shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval.

4.2 Copies of Design Development and Other Documents. Designer, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

4.3 Updated Project Budget. Designer shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Designer’s Updated Project Budget”).

4.4 Timetable. Designer shall provide a written timetable for full and adequate completion of the Project to City.

4.5 Application for Approvals. Designer shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Designer shall furnish and process all design and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required.

4.6 Color and Other Aesthetic Issues. Designer shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project.

5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.

During the final working drawings and specifications phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

5.1 Final Working Drawings and Specifications. Once City provides Designer with specific written approval of the Design Development Documents described herein, Designer shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following:

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Exhibit A-4
(1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Designer with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“as- built drawings”) in City’s possession. Designer will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions.

City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Designer which may not be shown on the as-built drawings.

5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Designer and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards.

The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Designer.

5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Designer, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. Designer shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Designer, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications.

However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent designer or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Designer shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.

5.4 Costs of Construction. It is understood by Designer that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Designer’s fees. Should it become evident that the total construction cost will exceed the specified sum, Designer shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based.

5.5 Copies of Final Working Drawings and Specifications and Other Documents.

Designer, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local

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Exhibit A-5
agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

6. CONSTRUCTION CONTRACT DOCUMENTS.

During the construction contract documents phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

6.1 Bid and Contract Documents. If so required by City, Designer shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), Contract, General Conditions, Supplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel.

6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”), Designer shall provide City with its final estimate of probable construction cost (“Designer’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Designer’s duty to design the Project within budget.

7. BID PHASE.

During the bid phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

7.1 Reproducible Construction Documents. Once City provides Designer with specific written approval of the Construction Documents and Designer’s Final Estimate, Designer shall provide to City one set of reproducible Construction Documents.

7.2 Distribution of Contract Documents and Review of Bids. Designer shall assist City in distributing the Construction Documents to bidders and conducting the opening and review of bids for the Project.

7.3 Over Budget. If the apparent lowest responsive and responsible bid on the Project exceeds the Designer’s Final Estimate by more than five percent (5%), City may request Designer to amend, at Designer’s sole cost and expense, the Final Drawings and Specifications in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less than the Designer’s Final Estimate. All revisions necessary to bring the lowest responsible and responsive bid within the Designer’s Final Estimate, including any omissions, deferrals or alternates, shall be made in consultation with, and subject to the approval of, the City.

8. CONSTRUCTION PHASE.

During the construction phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

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Exhibit A-6

8.1 Observation. The Project Designer shall observe work executed from the Final Working Drawings and Specifications in person, provided that City may, in its discretion, consent to such observation by another competent representative of Designer.

8.2 General Administration. Designer shall provide general administration of the Construction Documents and the work performed by the contractors.

8.3 Pre-Construction Meeting. Designer shall conduct one or more pre-construction meetings, as the City determines is needed for the Project, with all interested parties.

8.4 Site Visits of Contractor’s Work. Designer shall conduct site visits to observe each contractors’ work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such site visits shall be conducted as often as are necessary and appropriate to the stage of construction, according to the City’s sole discretion, but in no event less than weekly.

8.5 Site Visits of Inspector’s Work. Designer shall conduct site visits to communicate and observe the activities of the City inspectors. Such site visits shall be conducted as often as is mutually acceptable to Designer and City. Designer shall direct the City inspectors and the Project contractors to coordinate the preparation of record drawings indicating dimensions and location of all “as-built” conditions, including but not limited to, underground utility lines.

8.6 Coordination of Designer’s Consultants. Designer shall cause all architects, engineers and other consultants, as may be hired by Designer or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents.

8.7 Reports. Designer shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project.

8.8 Construction Meetings; Minutes. Designer shall attend all construction meetings and provide written reports/minutes to the City after each construction meeting in order to keep City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the City’s sole discretion, but no less than weekly.

8.9 Written Reports. Designer shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work.

8.10 Written Records. Designer shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project.

8.11 Material and Test Reports. Designer shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Designer shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the contractors and City.

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Exhibit A-7

8.12 Review and Response to Submissions. Designer shall review and respond, in a timely manner, to all schedules, submittals, shop drawings, samples, information requests, change requests, and other submissions of the contractor and subcontractors for compliance with, or alterations and additions to, the Construction Documents. Designer’s review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.

8.13 Rejection of Work. Designer shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Designer shall immediately notify the City and contractor(s) of such rejections. Designer shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed.

8.14 Substitutions. Designer shall consult with City, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such substitutions. Designer’s consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.

8.15 Revised Documents and Drawings. Designer shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents.

8.16 Change Requests and Material Changes. Designer shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Designer shall provide the City with its opinion as to whether such change requests should be approved, denied or revised.

If the City has not hired a construction manager or other person to do so, the Designer shall prepare and execute all change orders and submit them to the City for authorization. If the City has designated a construction manager or other person to prepare all change orders, the Designer shall review all change orders prepared by such person, execute them and deliver them to the City for authorization if they meet with the Designer’s approval, or submit them to the City with recommendations for revision or denial if necessary. Designer shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Designer may order, on its own responsibility and pending City Council approval, changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured.

8.17 Applications for Payment. Designer shall examine, verify and approve contractor’s applications for payment, and shall issue certificates for payment in amounts approved by the City’s inspector.

8.18 Final Color and Product Selection. Designer shall coordinate final color and product selection with City’s original design concept.

8.19 Substantial Completion. Designer shall determine the date of substantial completion, in consultation with the City.

8.20 Punch List. After determining that the Project is substantially complete, Designer shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”). Designer shall notify contractor in

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Exhibit A-8
writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Designer shall also notify City of all Punch List Items.

8.21 Warranties. Designer shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors and subcontractors pursuant to the Construction Documents. Designer shall coordinate and provide these materials to the City.

8.22 Certificate of Completion. Designer shall participate in any further inspections of the Project necessary to issue Designer’s Certificate of Completion and final certificate for payment.

8.23 Documents for Project Close-Out. Designer shall cause all other architects, engineers and other consultants, as may be hired by Designer, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project.

Designer shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.

9. AS-BUILT DRAWINGS.

During the as-built drawings phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Designer shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing an “as-built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Designer shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Designer by any inspectors and the contractor, and shall obtain certifications from any inspectors and the contractor that the drawings are correct.

9.2 Approval. Once City provides Designer with specific written approval of the As- Built Drawings and Specifications, Designer shall forward to City the complete set of original As- Built Drawings and Specifications or a complete set of reproducible duplicate As-Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail.

9.3 Documents for Final Payment. Prior to the receipt of Designer’s final payment, Designer shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As-Built Drawings and Specifications as required herein; and (4) Designer’s Certificate of Completion.

10. WARRANTY PERIOD.

During the warranty period phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

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Exhibit A-9

10.1 Advice. Designer shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project.

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Exhibit B-1

EXHIBIT B

FEE AND PHASING/FUNDING SCHEDULES

1. FEE SCHEDULE.

Designer will invoice City on a monthly cycle based on the following fee schedule.

Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation.

Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City.

2. PHASING/FUNDING SCHEDULE.

Progress payments towards Total Compensation shall never exceed the following amounts as of the phase indicated:

Initial Planning Phase: $5,625.00
Schematic Plan Phase: $7,625.00
Design Development Phase: $11,500.00
Final Working Drawings & Specifications Phase: $2,850.00 Construction Contract Documents Phase: $35,975.00
Bid Phase: $1,600.00
Construction Phase: $3,850.00
As-Built Drawings Phase: $0
Warranty Period Phase: $1,550.00
Reimbursable Expenses $1,000.00

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Exhibit C-1

EXHIBIT C

COMPENSATION RATES AND REIMBURSABLE EXPENSES

1. HOURLY COMPENSATION RATES.

Senior Principal $242.00/hour
Court/Arbitration Appearance $289.00/hour
Deposition $315.00 - First Hour
$284.00 - Each Additional Hour
Principal (Architecture Division) $186.00/hour
Associate (Architecture Division) $163.00/hour
Principal (Interiors Division) $158.00/hour
Senior Project Manager $145.00/hour
Project Manager $135.00/hour
Senior Technician $126.00/hour
Intermediate Technician $88.00/hour
Senior Clerk/Executive Assistant/Office Mgr.$87.00/hour Junior Technician $79.00/hour
Administrative Assistant/Marketing Assistant$84.00/hour Secretarial/Clerical/Intern $65.00/hour
Archive Retrieval Fee $210.00/Flat Fee
Drone Photography/Remote Aerial Survey $263.00/hour
Overtime for hourly personnel will be charged at the base rate of 1.5 per hour for time in excess of 8 hours per weekday or for work on Saturdays, Sundays, and holidays.

2. REIMBURSABLE EXPENSES.

1. Out of pocket expenses, (i.e., photocopies, film development, shipping, blueprints):
cost plus 15%.

2. In-house Services:

Large Format $ 2.40 per 24" x 36" sheet
Black & White:$ 3.35 per 30" x 42" sheet
Large Format $7.10 per 24" x 36" sheet
Color: $9.20 per 30" x 42" sheet
Photocopies: Black & White: $0.33 per 8-1/2” x 11” page Black & White: $0.56 per 11" x 17" page
Color: $1.82 per 8/1/2" x 11" page
Color: $3.10 per 11" x 17" page
Black & White $0.83 per 12” x 18” page
Color $3.65 per 12” x 18” page
Presentation Materials: $21.00 per 30 x 40 Foam Board
CD with Files: $52.00
Upload Data: $52.00

3. Mileage: $.70 per mile.

4. For work which requires overnight lodging, a per diem charge will be made appropriate to the area, based on actual costs.

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Exhibit C-2

5. Outside consultants not included in base fee and plan check fees shall be billed at direct cost plus 15%. INVOICING
Reimbursable expenses shall not exceed the amount outlined in Exhibit “B”, without the prior written consent of City.

3. ADDITIONAL SERVICES.

Additional Services shall be computed at the actual hourly rates listed above.

4. ADDITIONAL CONSULTANTS.

If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the Designer’s actual hourly rates plus 0%. Owner shall have the authority to review and approve the rates of any such consultants.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 6, 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: Agreement with San Bernardino Paint and Supply, Inc. (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute a Goods and Services Agreement with San Bernardino Paint and Supply, Inc., for the purchase of paint and related materials; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $150,000.

Executive Summary
A purchase order in the amount of $150,000 is requested for the purchase of graffiti paint materials from San Bernardino Paint and Supply, Inc. of San Bernardino.

These materials are utilized for City wide graffiti abatement. This amount is consistent with the projected gallons required for this fiscal year.

Background
The Operations and Maintenance Division of the Public Works Department is responsible for the maintenance, repair, beautification, and clean-up of City-owned infrastructure and rights of way. It is also responsible for ensuring the City is kept clean and free from blight related to illegal dumping, overgrown weeds, graffiti and related vandalism.

Discussion
The City of San Bernardino has numerous historical neighborhoods, major economic corridors, two institutions of higher learning, and nearly forty parks,

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greenways, and recreation corridors for which keeping a clean and aesthetically pleasing appearance is vital to the City’s economic growth and well-being of its residents and visitors alike. As in many large urban areas, graffiti and related vandalism contribute to unwanted blight and an overall unclean appearance which has potential negative impacts on commercial activities, leisure and hospitality, and future investment. Graffiti is also associated with gang and criminal activity using territorial tagging. San Bernardino is not immune from graffiti, but it has a well- established graffiti abatement program that aggressively removes graffiti and related vandalism City-wide.

At the request of Council, the City’s graffiti abatement program was recently enhanced, and additional positions were established to respond to graffiti City-wide more-efficiently. Additionally, the Operations Division of Public Works expanded graffiti abatement services to seven days a week to further complement Council’s desires for graffiti abatement program enhancements.

With the increase in graffiti abatement staff and enhancement of services, additional paint and related materials are simply required. This purchase will ensure paint and related materials are readily available and that no delays will occur in performing graffiti removal and/or repainting of tagged buildings, City infrastructure, or other structures.

To ensure our City is kept free from graffiti and is removed quickly and efficiently, staff is requesting $150,000 for paint supplies and related materials under the Goods Purchase Agreement.

The Operations and Maintenance Division of Public Works worked with the Finance Department, and, in June of 2023, a formal bid process was initiated to solicit quotes for paint supplies and related materials. Notices were posted on the City’s website.

The results of the bid opening yielded three qualified vendors as noted below. San Bernardino Paint and Supply, Inc, PPG Architectural Finishes, Inc, and Nationwide Construction, Inc. all provided quotes for a comprehensive listing of paint supplies and related materials. However, PPG Architectural Finishes did not fully provide prices for every item listed and therefore, deemed non-responsive. San Bernardino Paint and Supply, Inc., and Nationwide Construction provided prices for every item requested. It is important to note that the prices below are a combined unit cost for all items and does not reflect the total dollar amount requested for this goods purchase agreement (which will be established at $150k via a purchase order). The results of the submitted quotes are provided below:

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NAME OF BIDDER CITY COSTS OF UNIT
(all items combined)
San Bernardino Paint
and Supply, Inc.

San Bernardino, CA $497,901.50
Nationwide
Construction, Inc.

San Bernardino, CA $1,852,195.67
PPG Architectural
Finishes, Inc. *
Riverside, CA $797,941.15
(*did not fully price all items)
It is important to note that the prices are a combined unit cost for all items and does not reflect the total dollar amount requested.

Staff is confident that San Bernardino Paint and Supply is qualified to provide the required paint materials and related supplies. The City has worked with San Bernardino Paint and Supply, Inc. for several years and they have always provided quality products and timely services. In addition, most paints provided by them are bio-based, high quality products with no VOC’s (volatile organic compounds). This is of great value to the City and the employees which work closely with these products.
2021-2025 Strategic Targets and Goals
This project is consistent several goals and targets. It is aligned with Goal No. 4: Ensure Development of a Well-planned, Balanced, and Sustainable City, and Goal No. 6: Operate in a Fiscally Responsible and Business-like manner.

These goods and services agreement will ensure the City is clean and attractive and free from blight related to graffiti in all economic corridors, neighborhoods, parks, greenways, recreation corridors, and City-owned infrastructure and will promote investment in the City.

Fiscal Impact
The General Fund impact is $49,500 and the Gas Tax Fund impact is $47,000 and is fully appropriated in the FY 2023/24 budget. The additional $53,500 is funded with ARPA Funds. Sufficient budget exists in the department for this agreement, and it will continue to be programmed annually for the four additional option years.

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

1. Authorize the City Manager to execute a Goods and Services Agreement with San Bernardino Paint and Supply, Inc., for the purchase of paint and related materials; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $150,000.

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Attachments
Attachment 1 Goods Purchase Agreement
Attachment 2 Summarized Cost Sheet
Attachment 3 Bid Documents– RFQ F-23-48
Ward
All Wards
Synopsis of Previous Council Actions
N/A

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1 CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 6th day of September, 2023, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and San Bernardino Paint and Supply, Inc., a SOLE PROPRIETORSHIP with its principal place of business at 160 E.

Highland Ave. San Bernardino, CA. 92404 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

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

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

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

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

Section 3. INSPECTIONS AND TESTS.

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

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2 acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

Section 4. WARRANTY.

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

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

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

1. Repair the defective Goods;

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

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

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

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

E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights

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3 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

Section 5. PRICES.

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

Section 6. CHANGES.

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

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

Section 7. PAYMENTS.

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

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

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

C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which

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4 payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.

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

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

2. Written acceptance of the Goods by City;

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

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

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

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

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

Section 8. SCHEDULE FOR DELIVERY.

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

The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $10.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.”

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5 B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).

Section 9. TAXES.

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

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

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

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

Section 10. INDEPENDENT CONTRACTOR.

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

Section 11. SUBCONTRACTS.

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

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6 Section 12. TITLE AND RISK OF LOSS.

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

Section 13. INDEMNIFICATION.

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

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

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

Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

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

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

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

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

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

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

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers.

The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

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

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

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

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

Section 15. LIENS.

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

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

Section 16. TERMINATION OF AGREEMENT BY CITY.

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

If City’s cost of obtaining the Goods, including compensation for additional managerial

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9 and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

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

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

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

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

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

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

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

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects

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10 thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

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

Section 18. MISCELLANEOUS PROVISIONS.

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

CITY:

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

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

San Bernardino Paint and Supply, Inc.
160 E. Highland Ave.

San Bernardino, CA. 92404
Attn: Oliver Peter
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered.

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12 Section 19.TERM
The term of this Agreement shall be from September 6, 2023, to June 30, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than four additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
[SIGNATURES ON FOLLOWING PAGE]

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13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND SAN BERNARDINO PAINT AND SUPPLY, INC.

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

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

SAN BERNARDINO PAINT AND
SUPPLY, INC.

Signature
Name
Title

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14 Exhibit A
Scope of Services
Paint Supplies and Related Materials Technical Specifications The Vendor shall furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided.

The vendor shall provide paint and related supplies for our graffiti abatement program. Items descriptions and unit (annual) quantities are described in the Fee Schedule (Exhibit C); however, the following specifications are also required (as applicable):
•Paint must be ready to pick-up no longer than 5 days after order is placed (notwithstanding national supply-chain issues).
•All paint must be lead-free and compliant with State of California regulations. Please refer to https://www.calrecycle.ca.gov/Paint/MfrBrands/ for additional information. The vendor (or manufacturer) must maintain compliance with any upcoming laws or regulations—this includes disposal and recycling.
•It is strongly desired that paints are bio-based/ecologically-friendly (as is becoming more common) with no formaldehydes or ammonia.

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15 Exhibit B
Delivery Schedule
Paint must be ready to pick-up no longer than 5 days after orders are placed (not withstanding national supply-chain issues).

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16 Exhibit C
Fee Schedule

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REQUEST FOR VENDOR QUOTES
FOR

CITY OF SAN BERNARDINO
FOR

PAINT SUPPLIES AND RELATED MATERIALS

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

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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-48

REQUEST FOR VENDOR PRICE QUOTES
PROJECT NO. RFQ F-23-48

PAINT SUPPLIES AND RELATED MATERIALS
PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), until 3:00 PM, Thursday, June 29, 2023. Quotes may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Quotes received through any means other than PlanetBids will be returned to the Vendor unopened.

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

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

I. REQUEST FOR QUOTES
The City is requesting Quotes from qualified vendors 1 (“Vendors”) for Paint Supplies and Related Materials (“Project/Equipment”). To serve and promote the welfare of its residents, the City intends to procure the Project/Equipment, as described below.

PAINT SUPPLIES AND RELATED MATERIALS
A. Scope of Work/Services
The Project/Equipment sought under this request are set forth in more detail in Attachment “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Project/Equipment in Attachment “A”, the final scope of Project/Equipment negotiated between City and the successful Vendor shall be set forth in the Goods Purchase Agreement (“Agreement”) executed by and between City and the successful Vendor. A copy of the Agreement is attached hereto as Attachment “B” and incorporated herein by this reference.

B. Project Manager
The Project Manager for the City regarding this request will be Mayra Calderon, Buyer, Purchasing Department, [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Vendor.

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical, must be requested in writing and will be answered in writing through PlanetBids. To ensure a response, questions must be received in writing no later than June 14, 2023, by 3:00 PM by local time.

D. Meeting
For this request, there is no meeting
E. Site Examination
Vendors may visit the City and its physical facilities to determine the local conditions which may in any way 1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-48
affect the performance of the work; shall familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the Project/Equipment; make such investigations, as it may deem necessary for performance of the Project/Equipment at its Quote within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement.

F. Submittal Requirements of Vendor Price Quote
The Quote must be received no later than 3:00pm local time, on or before June 29, 2023, through PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. The City will only consider Quotes that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Quote was submitted successfully.

Vendors experiencing any technical difficulties with the Quote submission process may contact PlanetBids Support at (818) 992-1771. Neither the City nor PlanetBids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the Quote submission date and/or time.

Vendors to provide a Quote for the scope of Project/Equipment as set forth in in the Vendor Quote Form attached hereto as Attachment “C” and incorporated herein by this reference. Vendors submitting a Quote agree to furnish services to the City in accordance with the Quote submitted, and to be bound by the terms and conditions of this Request for Vendor Price Quote. Vendor is certifying that it takes no exceptions to the request, including but not limited to, the Agreement.

G. Selection Process
The City will evaluate and award to the responsible Vendor offering the needed quality of supply or work or service at the lowest quotation or determined to be in the best interest of the City. During the evaluation process, the City reserves the right to request additional information or clarifications from Vendors, or to allow corrections of errors or omissions.

H. General Conditions

1. General: It is solely the responsibility of the Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes.

2. Amendments to Request: The City reserves the right to amend the request or issue to all Vendors addenda to answer questions for clarification.

3. Non-Responsive Quotes: A Quote may be considered non-responsive if conditional or incomplete.

4. Costs for Preparing: The City will not compensate any Vendor for the cost of preparing any Quote, and all materials submitted with a Quote shall become the property of the City. The City will retain all Quotes submitted and may use any idea in a Quote regardless of whether that Quote is selected.

5. Price Validity: Quotes provided by Proposers in response to this request are valid for 180 days from the due date. The City intends to award the Agreement within this time but may request an extension from the Vendors to hold pricing, until negotiations are complete, and the Agreement is awarded.

6. Availability to Perform Work: Vendor must be available to begin Project/Equipment within 14 working days of the contract being awarded and must complete all Project/Equipment within 180 “working” or “calendar” days.

7. Additional Costs to Perform Work/Services: The Vendor’s Quote is inclusive of all costs and applicable taxes. Vendor is responsible for all building permit fees, applicable renderings, plans, documentation, and fees required by the Agreement. Vendor will be required to maintain at its own cost the necessary insurance as required by the Agreement and a City business license.

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8.Vendor License: Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all Vendors must possess proper licenses for performance of this Agreement.
[END OF SECTION]

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ATTACHMENT “A”

PAINT SUPPLIES AND RELATED MATERIALS
The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided.

The City of San Bernardino is seeking bids for the purchase of paint and related supplies for our graffiti abatement program. Items descriptions and unit (annual) quantities are described in the Unit Price Sheet table; however, the following specifications are also required (as applicable):
•Paint must be ready to pick up no longer than 5 days after the order is placed (notwithstanding national supply-chain issues).
•All paint must be lead-free and compliant with State of California regulations. Please refer to https://www.calrecycle.ca.gov/Paint/MfrBrands/ for additional information. The vendor (or manufacturer) must maintain compliance with any upcoming laws or regulations—this includes disposal and recycling.
•It is strongly desired that paints are bio-based/ecologically friendly (as is becoming more common) with no formaldehydes or ammonia.

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ATTACHMENT “B”

CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 2021, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request.

Section 3. INSPECTIONS AND TESTS.

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Section 4. WARRANTY.

1. Repair the defective Goods;

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

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

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

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

Section 5. PRICES.

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to City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.

Section 7. PAYMENTS.

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

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

If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.

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

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

2. Written acceptance of the Goods by City;

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

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

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

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

Section 8. SCHEDULE FOR DELIVERY.

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

Section 9. TAXES.

B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors.

Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

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

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Section 10. INDEPENDENT CONTRACTOR.

Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect.

Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 11. SUBCONTRACTS.

Section 12. TITLE AND RISK OF LOSS.

Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor.

Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.

Section 13. INDEMNIFICATION.

B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers,

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employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding.

Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

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

Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

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

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

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

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

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

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

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

Section 15. LIENS.

Section 16. TERMINATION OF AGREEMENT BY CITY.

B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in

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the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

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

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

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

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Section 18. MISCELLANEOUS PROVISIONS.

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT NAME AND TITLE***]
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:
[***INSERT NAME, ADDRESS &
CONTACT PERSON***]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

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

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

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

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

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

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

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SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***]
City Manager
ATTESTED BY:
[***INSERT NAME***]
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
[***INSERT SUPPLIER NAME***]

DO NOT SIGN FOR REVIEW

PURPOSES ONLY
Signature
Name
Title

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REQUEST FOR VENDOR QUOTES
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Exhibit A
Goods Specifications
[ATTACHED]

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REQUEST FOR VENDOR QUOTES
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Exhibit B
Delivery Schedule
[ATTACHED]

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REQUEST FOR VENDOR QUOTES
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Exhibit C
Fee Schedule
[ATTACHED]

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REQUEST FOR VENDOR QUOTES
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ATTACHMENT “C”

VENDOR QUOTE FORM
VENDOR NAME:

ADDRESS:

PHONE:

The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

Paint Supplies and Related Materials
The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. The successful vendor shall be awarded a 1-year agreement with 4 (1) year option to extend. Overall Pricing for Option years MUST be indicated below:

Item No. Exterior Latex Paint (Gallons) Quantity
(annual) Cost Per Unit Total Cost
1 Exterior Paint Latex Flat (White) 6,500 $
2 Exterior Paint Latex Flat (Gray) 6,500 $
3 Exterior Paint Latex Flat (Beige) 6,500 $
4 Exterior Paint Latex Flat (Tan) 6,500 $
5 Exterior Paint Latex Flat (Dark Gray) 6,500 $
6 Exterior Paint Latex Flat (Red) 3,500 $
7 Exterior Paint Latex Flat (Concrete-Color) 8,500 $
8 Exterior Paint Latex Flat (Orange) 1,000 $
9 Exterior Paint Latex Flat (Yellow) 2,500 $
Total $ $
Item No. Aerosol Paint (15oz Cans) Flat or Matte Cans Qty. Cost Per Unit Total Cost 10 White 800
11 Black 800
12 Gray 800

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Please Note: Traditional upright cans are required (not upside-down cans which are used for markings)

OPTION YEAR OVERALL TOTAL COST (ALL ITEMS)
13 Silver/Aluminum 500
14 Blue 200
15 Yellow 100
16 Forest or Hunter Green 500
17 Sea Foam Green (Specialty) 700
18 Brown (Park Signage Brown) 600
Total $ $
Item No. Accessories (Items) Unit Qty. Cost Per Unit Total Cost 19 Trays, Heavy Duty metal 150
20 Tape (painters blue tape) ¾” 100
21 Tape (painters blue tape) 1 ½” 100
22 Tape (painters blue tape) 2” 100
23 Painters Masks to prevent particulates
(disposable) 250
Total $ $
Item No. SPECIAL COLOR MATCH Gallons Cost Per Unit Total Cost 24 Exterior Latex Flat Match 3,500
Total $ $

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Option Year #1 - 2024/2025 $
Option Year #2 - 2025/2026 $
Option Year #3 – 2026/2027 $
Option Year #4 – 2027/2028 $
Total Number of Additional Pages:

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

Submitted By: Title:
(Authorized Representative Signature)
Print Name:

Contractor’s License Number and Classification:

DIR Registration Number (if applicable): ____________________________

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: September 6, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
By: Mary Lanier, Interim Agency Director of Community,
Housing, and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Regular Ordinance Amending, or Repealing, Crime Free Housing Ordinance No. MC-1351
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. MC-1619 – An Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 15.27 of Title 15 of the San Bernardino Municipal Code regarding rental housing program maintenance standards; or

2. Introduce, read by title only, and waive further reading of Ordinance No. MC-1620 - - An Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing Chapter 15.27 of Title 15 of the San Bernardino Municipal Code (Crime-Free Rental Housing Program).

Executive Summary
At the April 5, 2023, Mayor and City Council Meeting, the City Council requested staff bring back for consideration the repeal of San Bernardino Municipal Code (SBMC) Section 1351 Crime Free Multi-Housing Ordinance. Subsequent to this request, the City received a lawsuit challenging the Crime-Free Multi-Housing Ordinance. The City entered into a stipulated judgement to revise the Ordinance. This report provides two options for City Council consideration 1) make modifications or 2) to repeal the Ordinance.

Background
The City presently has a Crime-Free Rental Housing Program that exists at Chapter 15.27 of Title 15 of the San Bernardino Municipal Code. The Ordinance applies to multi-family

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rental properties with four or greater rental units on the same parcel. Per the terms of a stipulated judgment with Promise Gracia et al, the City has agreed to revise the Ordinance at a minimum to accomplish several things.

Discussion
The City’s Crime Free Multi-Housing Ordinance has been a topic of discussion and concern with the community and City Council. Concerns were also raised during the Housing Element 2021-2029 preparation and review process, resulting in a lawsuit filed.

To address the concerns raised and as agreed upon in the stipulated judgment, City staff have reviewed the program parameters with the legal team and have revised the Ordinance. The following outlines what the City agreed in the stipulated judgment to:
•Remove the words “crime-free” and “crime reduction” and all variations of those words and phrases from the Ordinance;
•Remove the implementation and enforcement of mandatory use, or recommended use, of a crime-free lease addendum;
•Remove the requirement of providing of 24-hour contact information to the City; •Remove the voluntary certification process which included mandating the use of a crime-free lease addendum and mandated universal background checks; •Remove various requirements for inspection fees and other fees; •Remove the section regarding complaint-based inspections; •Remove the section regarding public nuisances;
•Remove the section regarding enforcement alternatives; •Remove the section regarding penalties;
•Require that any educational course and inspection materials remove the words crime-free and crime reduction, and remove any pejorative or derogatory descriptions of individuals with criminal histories;
•Require that any course and inspection materials shall not instruct property owners and managers to rely upon or use any criminal history information in housing admissions and housing termination of housing decisions that is prohibited by fair housing state and federal laws and regulations, including guidance from applicable state and federal enforcement agencies, which may be amended from time to time;
•Require that City sworn law enforcement shall not be involved in conducting the rental housing course or in conducting the annual exterior inspections or re- inspections; and
•Require that City code enforcement officers be involved in conducting the educational course and the annual exterior inspections and re-inspections only as a lawful exercise of their duties, pursuant to applicable legal authority including but not limited to enforcement responsibilities under California Civil Code section 1941 et seq. and Health and Safety Code sections 17920.3 and 17975 et seq.

The revised Ordinance retains the requirement for an eight-hour mandatory educational class and annual exterior inspections, with administrative citation remedies available for violations of the Ordinance.

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Before the City agreed to make the above-described revisions, the Police Department and Code Enforcement Division were consulted, and they were agreeable to the terms.

The revised Ordinance is included as Attachment 1.

If the Mayor and City Council instead desire to fully repeal the Crime-Free Rental Housing Program Ordinance, which effectively would eliminate the mandatory educational class and annual exterior inspections, then an alternative Ordinance (Attachment 2) has also been prepared.

Per the terms of the stipulated judgment, the City must accomplish the revision, or repeal, of the Crime-Free Rental Housing Program by October 4, 2023. 2021-2025 Strategic Targets and Goals
The proposed action of revising the Crime-Free Rental Housing Program aligns with Key Strategic Target No. 2 – Focused, Aligned Leadership and Unified Community. The Crime-Free Rental Housing Program revisions develop and implement a community engagement plan that respects the state and federal fair housing rights of City residents.

The proposed action of revising the Crime-Free Rental Housing Program also aligns with Strategic Target No. 3 – Improved Quality of Life. Proper maintenance of multi-family residential rental housing facilities can be encouraged by educating property owners, operators, and managers as to the risks of substandard maintenance, unsafe conditions, and nuisance activity. Such education and proper maintenance make the City more clean and attractive. As a result, it can incentivize more people, especially those who work in the City, to choose to live in the City.

Fiscal Impact
There is no fiscal impact to the City.

Conclusion
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. MC-1619 - An Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 15.27 of Title 15 of the San Bernardino Municipal Code regarding rental housing program maintenance standards; or

2. Introduce, read by title only, and waive further reading of Ordinance No. MC-1620 - An Ordinance of the Mayor and City Council of the City of San Bernardino, California, Repealing Chapter 15.27 of Title 15 of the San Bernardino Municipal Code (Crime-Free Rental Housing Program).

Attachments
Attachment 1: Proposed Ordinance No. MC-1619 (Revise)
Attachment 2: Proposed Ordinance No. MC-1620 (Repeal)

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Ward:

All Wards
Synopsis of Previous Council Actions:

April 4, 2023 The City Council approved the consideration at a future meeting of the repeal of Municipal Code 1351 Crime Free Multi-Housing Ordinance (All Wards)

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Ordinance No. MC-1619
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ORDINANCE OF THE MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, REPEALING CHAPTER 15.27 OF
TITLE 15 OF THE SAN BERNARDINO MUNICIPAL

CODE (CRIME-FREE RENTAL HOUSING

PROGRAM)
WHEREAS, the Mayor and City Council desire to repeal Chapter 15.27 of Title 15 of the San Bernardino Municipal Code (Crime-Free Rental Housing Program); and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS:

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

SECTION 2. Chapter 15.27 of Title 15 of the San Bernardino Municipal Code (Crime- Free Rental Housing Program) is hereby repealed in its entirety and marked “Reserved.” SECTION 3. Severability. If any provision of this Ordinance 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 ordinance are declared to be severable.

SECTION 4. The City Council finds this Ordinance 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 Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 6. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 20 .

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Ordinance No. MC-1619
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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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Ordinance No. MC-1619
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1619, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 6th day of , 2023. Ordinance No. MC- 1619 was approved, passed and adopted at a regular meeting held the XX day of , 2023 by the following vote:

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Ordinance No. MC-1620
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ORDINANCE OF THE MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AMENDING CHAPTER 15.27 OF
TITLE 15 OF THE SAN BERNARDINO MUNICIPAL

CODE, REGARDING RENTAL HOUSING

PROGRAM MAINTENANCE STANDARDS
WHEREAS, the proper maintenance of multi-family residential rental housing facilities can reduce nuisance conditions and improve the safety and security of residents; and WHEREAS, the proper maintenance of multi-family residential rental housing facilities can be encouraged by educating property owners, operators and managers as to the risks of substandard maintenance, unsafe conditions, and nuisance activity; and WHEREAS, the negative effects of substandard maintenance, unsafe conditions, and nuisance activity on rental housing have broader impacts on the public health, safety, and welfare of the City’s residents and the community at large; and WHEREAS, based upon the negative effects of substandard maintenance, unsafe conditions, and nuisance activity at certain residential rental housing facilities, other neighboring properties have experienced enduring nuisance conditions and reductions in property values; and WHEREAS, the education and inspections pursuant to this Ordinance address the negative impacts of substandard maintenance, unsafe conditions, and nuisance activity by providing the City’s Code Enforcement officers with authority to inspect multi-family residential rental housing facilities, educating property owners, and fining violations that do not accord with the principles of this Ordinance; and
WHEREAS, the City Council has determined that the negative impacts of substandard maintenance, unsafe conditions, and nuisance activity interfere with the public health, safety, quiet enjoyment, quality of life, and general welfare of the individuals residing in or near dwelling units that will be subject to this Ordinance; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS:

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

SECTION 2. Chapter 15.27 of Title 15 of the San Bernardino Municipal Code is hereby amended in its entirety to state as follows:
“Chapter 15.27 Rental Housing Program Maintenance Standards

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15.27.010 Purpose

15.27.020 Applicability

15.27.030 Definitions

15.27.040 Scope

15.27.050 Mandatory Participation

15.27.060 Notice of Inspection

15.27.070 Violations

15.27.080 Re-Inspections

15.27.090 Administrative Citations

15.27.100 Appeals

15.27.110 Severability

15.27.010 Purpose
The Rental Housing Maintenance Program is a part of the City of San Bernardino's overall effort to maintain high property standards for maintenance of multi-family rental properties as defined herein. Owners of any multi-family rental property will be required to maintain these units in accordance with all applicable laws.

15.27.020 Applicability
The provisions of this Chapter shall apply to all multi-family rental property, as that term is defined herein, within the City. This Chapter also applies to the premises on which a multi- family rental property is located, including but not limited to parking lots, driveways, landscaping, accessory structures, fences, and walls.

The provisions of this Chapter are supplementary and complementary to other provisions of this Code and applicable laws. Nothing in this Chapter may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of applicable law, statute or this Code, including provisions of uniform codes adopted by reference in this Code.

15.27.030 Definitions
For the purpose of this Chapter, unless otherwise apparent from their context, certain words and phrases used in this Chapter shall have the meanings hereinafter designated. The definitions in this Chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this Chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter.

A. “Applicable Laws" means the City's Municipal Code, the California Fire Code, the California Building Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Building and any other laws or regulations relating to the health or safety of City residents or the general public, as adopted by the City.

B. “City" means the City of San Bernardino.

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C. “Director" means the Director of Community, Housing, and Economic Development of the City of San Bernardino or his/her designee.

D. “Manager” means the person(s) who is responsible for the day-to-day maintenance, upkeep, and security of the rental property. “Manager” does not mean those who only physically perform the day-to-day maintenance, upkeep, and security functions of the rental property, such as but not limited to groundskeepers, craft workers, and security guards. Rather, the “manager” is the person(s) who makes the decisions concerning, and who directs and controls those who execute, the day-to-day maintenance, upkeep, and security of the rental property.

E. “Occupant" means any person who occupies a multi-family rental property, whether as a tenant or permittee of the owner.

F. “Owner" or "Property Owner" means a single individual, partnership or joint venture or any entity that has any kind of ownership interest in a multi-family rental property whether as an individual, partner, joint venture, stock owner, or ownership interest in some other capacity or the owner's designee. If more than one person or an entity owns the subject real property, owner or property owner refers to each person or entity holding any kind of ownership interest in the property, and the property owners' obligations in this chapter are joint and several as to each property owner.

G. “Multi-family Rental Housing Unit" or "Unit" means any residential dwelling unit, as defined in Chapter 19.02 of the San Bernardino Development Code, in a single structure, or in a group of attached or detached structures containing two or more such dwelling units on the same parcel of land, and is occupied or intended to be occupied on a rental basis. For the purpose of this Chapter, the following types of dwelling units or facilities are not considered multi-family rental housing units:
a) Hotels or motels
b) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an education institution
c) Mobile Home Parks
H. "Multi- family Rental Housing Complex" means a multi-unit residential structure consisting of four (4) or more units existing on one (1) parcel of land.

15.27.040 Scope
The provisions of this Chapter shall apply to all multi-family rental housing complexes containing four or more units on a single parcel.

15.27.050 Mandatory Participation
A. All multi-family rental property located in the City shall be subject to an annual inspection by the Director for compliance with the Rental Housing Program Maintenance Standards.

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B. All property owners and managers of multi-family rental property shall attend the 8 hour rental housing course presented by the City within eight (8) months of the passage of this Ordinance. If a new owner or manager takes over the property, the new property owner or manager shall complete the 8 hour rental housing course presented by the City within six (6) months of said ownership or employment.

C. Any oral or written communication in the form of educational manuals, guidance, inspection materials, memoranda, reports, worksheets, and writings used by the City and its employees and/or agents used in the rental housing course and/or annual inspection shall refrain from referring to the Rental Housing Program Maintenance Standards as a crime-free program or crime reduction program. The course and inspection materials shall refrain from pejoratively or derogatorily describing persons with criminal histories. The course and inspection materials shall not instruct property owners and managers to rely upon or use any criminal history information in housing admissions and housing termination of housing decisions that is prohibited by fair housing state and federal laws and regulations, including guidance from applicable state and federal enforcement agencies, which may be amended from time to time.

D. City sworn law enforcement shall not be involved in conducting the rental housing course or in conducting the annual exterior inspections or re-inspections. City code enforcement officers may be involved in conducting the rental housing course and in conducting the annual exterior inspections and re-inspections as a lawful exercise of their duties, including but not limited to enforcement responsibilities under California Civil Code section 1941 et seq. and Health and Safety Code sections 17920.3 and 17975 et seq.

15.27.060 Notice of Inspection
The Director shall mail written notice of the date and time of the inspection to the owner of the multi-family rental property at least three weeks before the scheduled annual inspection. Such notice shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice to the owner shall be mailed by regular mail to the owner's last known address as it appears in the records of the County Assessor's Office.

The notice of inspection for the Rental Housing Maintenance Program shall be combined with the Multi-Family Rental Housing Program notice to the greatest extent possible for the convenience of the property owner.

15.27.070 Violations
A. Whenever the Director determines that a violation of this Chapter exists, the Director shall give notice of violation and an order to correct to the property owner. The notice shall be in writing and shall describe with reasonable detail the violation(s) so that the property owner has the opportunity to correct said violation(s).

B. Any person who fails to comply with any provisions of this Chapter after receiving written notice of the violation(s) and being given a reasonable opportunity to correct such violation(s) shall be deemed to be in violation of this Chapter.

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C. Any owner of a multi-family rental property who fails to permit the annual inspection by the Director pursuant to this Chapter shall be in violation of this Chapter.

15.27.080 Re-Inspections
A. One or more re-inspections may be conducted to verify that the deficiencies noted by the Director during the annual inspection have been corrected.

B. Violations that were not noted on the initial inspection report, but are discovered on the re- inspection due to subsequent damage or deterioration shall be subject to correction.

15.27.090 Administrative Citations
A. Owners who fail to correct any deficiencies noted during any inspection or re-inspection may be subject to an administrative citation in accordance with San Bernardino Municipal Code Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director.

B. Issuance of an administrative citation is in addition to any other administrative or judicial (civil or criminal) remedy established by law which may be pursued to address any violation of the Municipal Code.

15.27.100 Appeals
Any recipient of an administrative citation may contest the citation by the procedures set forth in Chapter 9.94 of this Code.

15.27.110 Severability
In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein.”
SECTION 3. Severability. If any provision of this Ordinance 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 ordinance are declared to be severable.

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SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 20 .

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 Ordinance No. MC-1620, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the XX day of , 2023. Ordinance No. MC- ____ was approve passed and adopted at a regular meeting held the XX day of , 2023 by the following vote:

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

1. Adopt Resolution No. 2023-144:
a. Approving and authorizing the Agency Director of Administrative Services to amend the City of San Bernardino’s FY 2023/24 Operating Budget totaling $5,705,188 with $3,435,188 in General Fund Strategic Reserve appropriations, $1,700,000 in General Fund Capital Contingency Reserve appropriations, and $570,000 in Cultural Development Fund appropriations; and
b. Approving the creation of the Economic Development Department; and c. Directing staff to prepare and bring back a revised City salary schedule to include any new positions that are budgeted.

2. Approve the Proposed Strategic Initiatives for Future Years to be considered as part of the FY 2024/25 & FY 2025/26 Biennial Budget process and prioritize the Strategic Initiatives for funding.

3. Direct staff to bring back Strategic Initiatives that require further Council review and approval.

Executive Summary
This follow-up to the June 30 Workshop addresses the City’s economic forecast, the viability of closing vacant positions, and the specific funding sources for the Strategic Initiatives.

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Background
The Mayor and City Council held a Retreat Workshop (“Retreat”) from May 11, 2023, through May 13, 2023, where they defined their goals and priorities for the City of San Bernardino. At the Retreat, economic development opportunities and city staffing priorities, among other topics, were discussed.

On June 21, 2023, the Mayor and City Council approved the FY 2023/24 Operating Budget and Capital Improvement Plan. The FY 2023/24 Operating Budget included a surplus of over $7 million and there is an anticipated increase of $5.4 million to Fund Balance for year-end FY 2022/23.

On June 30, 2023, a Special Workshop (“Workshop”) was held to address the Council’s goals and priorities. The Workshop was informational only and allowed staff to present a series of Strategic Initiatives and other programs/proposals for the Council’s future consideration.

Discussion
During the June 30 Workshop, Council expressed concern regarding the reoccurring costs of the Strategic Initiatives and the impact that a drop in consumer spending may have on the City’s ability to fund these costs in the future. Additionally, Council inquired about the viability of closing vacant positions and re-allocating their budgets to fund the Strategic Initiatives. This follow-up to the June 30 Workshop addresses those concerns as staff will provide a presentation and analysis of the City’s economic forecast, position control, and a comparative analysis of other cities.

Funding for the Strategic Initiatives comes from three sources: 1) the Strategic Reserve, 2) the Capital Contingency Reserve, and 3) the Cultural Development Fund.

The Strategic Reserve is a $3,539,363 set-aside from ongoing General Fund revenue and is at the discretion of the City Council to allocate towards the Strategic Initiatives.

The Capital Contingency Reserve includes $6,000,000 and is designed to address funding gaps for CIP projects. The Cultural Development Fund, which currently has a fund balance of $4,374,552, is a revenue stream comprised of a development impact fee on new construction or improvement projects. This fund is intended to support cultural enhancements and developments that are deemed to be a public benefit, which may include renovations to community centers, enhancing and cleaning City parks, etc.

The specific funding sources for each item, their estimated cost for FY 2023/24, and their future costs (if applicable) are outlined in the tables on the following pages. For costs related to new staffing positions, the FY 2023/24 costs are based on the positions being filled as of January 1, 2024, which is in line with the typical recruitment and onboarding timelines for the City.

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SR=Strategic Reserve; CC=Capital Contingency; CD = Cultural Development Fund

1. Quality of Life
FY 2023/24 Recommendations FY 2023/24 Source Future
(Based on FY24)
a. Turf-friendly mini loader $170,000 CD One Time
b. Maintenance Services Agreement:

Comprehensive bio-hazard cleanup $250,000 CD $250,000
c. Maintenance Services Agreement
Weed abatement and brush clearing $150,000 CD $150,000
d. Hazard Pay $93,600* SR $124,800
e. Private Security City-Wide $1,256,000 SR $1,256,000
* Cost for FY 2023/24 assumes implementation on 9/1/2023

2. One Stop Shop
FY 2023/24 Recommendations FY 2023/24 Source Future
(Based on FY24)
a. One Stop Shop Construction $400,000 CC One Time
b. One (1) Community & Developer Ombudsman $69,061 SR $138,122 c. One (1) Senior Customer Service Representative $47,994 SR $95,987

3. Infrastructure Master Plans
FY 2023/24 Recommendations FY 2023/24 Source Future
(Based on FY24)
a. City Hall preliminary engineering and space study $300,000 CC One Time b. Bridge Management Plan $500,000 CC One Time
c. ADA Master Plan – Phase I $500,000 CC One Time

4. Legislative Advocacy
FY 2023/24 Recommendations FY 2023/24 Source Future
(Based on FY24)
a. Legislative and Government Affairs Manager $86,937 SR $173,873 b. Federal Advocacy Contract $125,000 SR $125,000
c. State Advocacy Contract $125,000 SR $125,000

5. Strategic Staffing Initiatives
Recommendations FY 2023/24 Source Future
(Based on FY24)
Animal Services
a. One (1) Deputy Director of Animal Services $102,001 SR $204,001 b. One (1) Registered Veterinary Technician $40,630 SR $81,259 c. One (1) Veterinary Assistant $33,277 SR $66,554
City Manager’s Office
d. One (1) Assistant City Manager $148,588 SR $297,175
Economic Development Department
e. One (1) Economic Development Director $140,188 SR $280,376 f. Three (3) Economic Development Managers $279,327 SR $558,654 g. One (1) Administrative Assistant – Economic Development $40,275 SR $80,549 Housing & Homelessness Division
h. One (1) Housing Division Manager $93,511 SR $187,022 i. One (1) Principal Accountant $73,534 SR $147,067
j. One (1) Management Analyst II $59,974 SR $119,948

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Parks, Recreation, and Community Services
k. One (1) Deputy Director of Parks, Recreation, and
Community Services $102,001 SR $204,001
Planning Division
l. Reclassify -
Deputy Director to City Planner/Planning Manager ($51,758) SR ($103,516) m. One (1) Senior Planner $73,221 SR $146,441
n. One (1) Associate Planner $63,412 SR $126,823
o. One (1) Planning Aide $49,913 SR $99,826
p. One (1) Administrative Assistant $40,275 SR $80,549
Public Works
q. Three (3) Engineering Project Managers for the Public Works Department $257,420 SR $514,839
r. One (1) Land Development Engineer $85,807 SR $171,613

6. Proposed Strategic Initiatives for Future Years – FY 2024-25 and beyond Recommendations Amount Source Type
Quality of Life PD Team $1,575,486 General
Fund Ongoing
Park Ranger Program $505,900 General
Fund Ongoing
Annual allocation of $2,000,000 beginning in Fiscal Year 2026/27 to help sustain homeless-related activities $2,000,000 General Fund Ongoing
ADA Master Plan – Future Phases $1,500,000 General
Fund One Time
Storm Drain Master Plan $1,000,000 General
Fund One Time
Facility/Building Management Plan $1,000,000 General
Fund One Time
Projects Funding Summary
Source FY 2023/24 Ongoing Costs
Strategic Reserve* $3,435,188 1 $5,301,963 2
Capital Contingency $1,700,000 None
Cultural Development Fund $570,000 $400,000 3
1 Includes savings from reclassifications.
2 Based on Fiscal Year 2023/24 costs. Does not include the proposed strategic initiatives for future consideration (table 6). 3 Assumes another source of funding for bio-hazard cleanup and weed abatement clearing is not found. 2021-2025 Strategic Targets and Goals
The approval of the Strategic Initiatives aligns with Key Target No. 1: Improved Operational & Financial Capacity by establishing clear policy direction and predictable organization structures; Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent, as well as investing in tools that continually improve organizational efficiency and effectiveness; Key Target No. 3: Improved Quality of Life by improving the City’s appearance, cleanliness, and attractiveness, as well as enhancing customer-service into all City operations; and Key Target No 4: Economic Growth & Development by establishing a strategy to create a 21st century urban core.

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Fiscal Impact
The impact to the General Fund is $3,435,188 in Strategic Reserve appropriations and $1,700,000 in Capital Contingency Reserve appropriations. The impact to the Cultural Development Fund is $570,000.

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

1. Adopt Resolution No. 2023-144 approving and authorizing:
a. Approving and authorizing the Agency Director of Administrative Services to amend the City of San Bernardino’s FY 2023/24 Operating Budget totaling $5,705,188 with $3,435,188 in General Fund Strategic Reserve appropriations, $1,700,000 in General Fund Capital Contingency Reserve appropriations, and $570,000 in Cultural Development Fund appropriations; and
b. Approving the creation of the Economic Development Department; and c. Directing staff to prepare and bring back a revised City salary schedule to include any new positions that are budgeted.

2. Approve the Proposed Strategic Initiatives for Future Years to be considered as part of the FY 2024/25 & FY 2025/26 Biennial Budget process and prioritize the Strategic Initiatives for funding.

3. Direct staff to bring back Strategic Initiatives that require further Council review and approval.

Attachments
Attachment 1 – Strategic Initiatives Presentation
Attachment 2 – Resolution No. 2023-144
Attachment 3 – Position Control
Attachment 4 – Organizational Chart
Attachment 5 – June 30 Workshop Presentation
Ward:

All Wards
Synopsis of Previous Council Actions:

May 11-13, 2023 Mayor and City Council held a Retreat Workshop where they defined their goals and priorities.

June 21, 2023 Mayor and City Council approved the FY 2023/24 Operating Budget and Capital Improvement Plan.

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June 30, 2023 Mayor and City Council held a Special Workshop where they were presented with a series of Strategic Initiatives that addressed their goals and priorities

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Mayor and City Council
Strategic Initiatives
September 6, 2023
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City Manager’s
Opening Remarks
Charles McNeely
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Position
Control
Economic
Forecast

Bottom
Line:

Funding
Strategic
Initiatives
Overview
June 30
Workshop
Recap
Growth Over
Time & Staff
Structure
Market
Position
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June 30 Workshop Recap
Agenda Topics
Quality of Life
Initiatives
Development
Services
One Stop
Shop Project
Infrastructure
Master Plan &
City Hall
Building
Legislative
Affairs
Program
Economic
Development
Bottom Line:

Fiscal ImpactOn Friday, June 30, 2023, the
Mayor and City Council held an
informational workshop where
no formal action was taken.
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Economic
Forecast
Presented by: Barbara Whitehorn
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Inflation, CPI and Employment
Inflation
• Inflation slowing down
• July Inflation: 3.2%
• Slightly higher than June's 2.97%
• July 2022 inflation: 8.5%
Consumer Price Index (matches inflation)
• July 2023 year-over-year: 3.2%
• Down from peak 9.1% in June 2022
Employment and Wage Growth
• 1.6 jobs for every 1 unemployed person
• Hourly earnings increased 4.4% year-over-year
• May hit 6% this year
The Fed has a
goal of 2.0%
inflation
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Economics and Forecast
Sales Tax – State and Local
• Growth is anticipated to slow in FY 2023/24
• Statewide growth: 0.5%
• City of San Bernardino growth: 4-5%
• Main Drivers:
• Slowdown in auto sales (-3.3%)
• Energy prices coming down (-6.4%)
Property Tax
• The City receives a portion of Property Tax in lieu
of VLF Fees annually (73.2%)
• $21,349,222 in FY 2023
Growth is slowing,
but sales tax
receipts are still
increasing
The City has an
option to exercise
the reopener
clause this year.
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Economics and Forecast
Property Tax
• Property Tax is generally a stable revenue
• Growth can be unpredictable
• The number of home and other sales in
dropped 15% from calendar year 2021 to
2022
• Residential home sales prices increased on
average 13.5% in calendar year 2022
• Prices dropped in the first quarter of
calendar year 2023 by 6.6%
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Economics and Forecast
The Bottom Line
• Strong Labor Market
• 1.6 jobs for every 1 unemployed
person
• Slowing Inflation
• Continued Sales Tax Growth
• Slow but Steady Property Tax Growth
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Position Control
Presented by:

Genevieve Valdez & Suzie Soren
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Recruitment & Retention
Position Control – Internal control of full-time positions • 826 FTEs
• 119 Vacancies
Turnover Rate – Ability to retain employees
• Healthy/Average - 10%
• San Bernardino - 17%
Vacancy Rate – Ability to recruit employees
• Healthy/Average - 6.8%
• San Bernardino - 15%
The Bottom Line:

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0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
Turnover
(Retention)
Vacancy
(Recruitment)
Recruitment & Retention
12 San Bernardino
Industry Average
The Bottom Line:

Turnover and vacancy rates decrease efficiency, impair outcomes, and increase regulatory challenges.

Turnover & Vacancy Rates Comparison

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Costs of Turnover & Vacancy
Costs of Turnover
Productivity loss from turnover is equal to approximately

1.5 - 2.0x of the employee’s salary.

Costs of Vacancy
Recruitment and onboarding costs for new employees
averages 75% of the employee’s salary.

The Bottom Line:

It takes 1-2 years for a new employee to reach 100% productivity.

Turnover and vacancy reduces service levels and contributes to higher costs. 13 Packet Pg.
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Impacts of Turnover & Vacancy
Consequences
• Reduced Workforce Capacity
• Increased Workload
• Reduced Productivity
• Operations & Services Suffer
• Lack of Strategic Workforce Planning
The Bottom Line:

Diminished services to the community and failure to meet strategic goals. 14 Packet Pg.
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Growth Over Time
& Staff Structure
Presented by:

William Lampi
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What We Evaluated
• 8 Different Cities from 2015 to Current
o Population Growth
o Budgets
o Total Employees
o Organizational Structure
▪ City-Wide
▪ Department Level
▪ Division Level
Growth Over Time
Colton
Corona
Fontana
Moreno Valley
Ontario
Pomona
Rancho Cucamonga
Riverside
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Growth Over Time
17 The Bottom Line:

Growing cities have growing needs.

To meet the needs of its residents, the City needs to increase its capacity to deliver services. *Excludes Fire and Utilities
Population Growth vs City Employee Growth
8 City Average
San Bernardino
3%
10%
1%
19%
0%
5%
10%
15%
20%
Population FTE

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48 31
34 37
20 25
30 35
40 45
50 2008 2013 2018 2024
Employees Per 10,000 Residents
42 35
29 18
The Bottom Line:

The City has less employees per resident than historic levels.

The City cannot provide the same level of service to its residents than it did historically.

YEAR FTEs
2008 991
2010 879
2013 667
2015 763
2018 746
2020 651
2024 826
Full-Time Equivalent Positions Over Time
*Excludes Fire and Utilities

FY FY FY FY

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19 The Bottom Line:

The City has less maintenance workers, engineers, code officers, and planners than in 2008.

8.4 4.2

3.6 1.7

6.1 3.0

0.0 2.0

4.0 6.0

8.0 10.0
Public Works Community & Economic Development
Employees Per 10,000 Residents
2008
2015
2024
*Accounts for changes in
department organization
and excludes utilities
Total FTEs
PW CED
174 87
77 37
136 68
Full-Time Equivalent Positions Over Time
FY

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20 25
30 35
40 FY 2015 FY 2024
Impact of Turnover & Vacancy on Service Delivery
6 employees
per 10,000
*Excludes Fire and Utilities
20 12 employees
per 10,000
Increased Service Gap
From Turnover & Vacancy
The Bottom Line:

High turnover and vacancy rates compromises service delivery. 8 City Average
San Bernardino

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Staff Structure – City Wide
8 City Average
*Excludes Public Safety and Utilities
21 City Manager
Assistant City Managers
Directors & Deputy Directors
Division Managers
Administrative Supervisors
Maintenance & Facility Supervisors
Accountants & Analysts
Engineers & Planners
Project Managers & Specialists
Administrative Assistants & Technicians
Customer Service Representatives
Maintenance Workers & Operators
Executives
Management &
Supervisory
Professional &
Paraprofessional
Front Line &
Administrative Support
The Bottom Line:

A strong and robust employment structure allows for improved recruitment, retention, and service delivery.

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Staff Structure – City Wide
San Bernardino
Executives
Management &
Supervisory
Professional &
Paraprofessional
Front Line &
Administrative Support
22 The Bottom Line:

Gaps in the City’s structure impairs strategic outcomes and causes regulatory compliance challenges.

Higher level employees work out of class to
fill professional & paraprofessional gaps.

Executives and managers are unable
to focus on developing and
implementing strategic outcomes.

Unfilled gaps create oversight
challenges for projects, programs,
and grants.
*Excludes Public Safety and Utilities

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Staff Structure – Division Level
Maintenance & Operations Planning Division
Executives
Management &
Supervisory
Professional &
Paraprofessional
Front Line &
Administrative Support
8 City Average
1%
9%
5%
85%
23 The Bottom Line:

Different departments and divisions have different staffing structure needs. 3%
7%
67%
23%

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0 2 4 6 8 10 12
Staff Structure – Division Level
Planning Division
Fontana
8 City Average
San Bernardino
24 The Bottom Line:

Lack of front line & support staff requires planners to fill in coverage gaps at the front counter.

This results in slower turnaround times for plan reviews and higher workloads.

Professional
Staff
Front Line &
Support Staff

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Parks & Recreation
0 1 2 3
Staff Structure – Department Level
25 8 City Average
San Bernardino
The Bottom Line:

Leadership is stretched between developing strategic outcomes and overseeing multiple responsibilities.

Executives
(Director & Deputy Director)

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Market Position
Presented by: Suzie Soren
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Surveyed Cities
• Colton • Pomona
• Corona • Moreno Valley
• Fontana • Rancho Cucamonga
• Ontario • Riverside
Market Analysis
Why These Cities
• Compensation Philosophy
• Recruitment/Retention
• Employees leaving to these agencies
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Market Analysis
Benefits
• Health Insurance
• CalPERS
• Employer Paid Member Contribution
• Supplemental Retirement
• Leave Accruals
• Work Schedule
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Over the last 3 years there has been a 37% decrease in clicks (views) and 45% decrease in applications received for job postings.

Application Statistics
1,878
1,307
1,192
2020 2021 2022
29 96
63 52
2020 2021 2022
Number of Clicks on City Jobs Openings Number of Applications per Job Posting The Bottom Line:

There is an intentional decision among job seekers not to apply to the City.

Fewer “clicks” and applications reduces the pool of high-quality applicants.

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Market Comparison
In San Bernardino, it is perceived that employees experience:
• Lower Wages
• No Vacation Leave Available in First Year
• Lower Vacation Accruals
• Lower Leave Accrual Caps
• Higher Employee Contributions to CalPERS
• Higher Cost of Benefits
• Working in a city with a negative reputation
• Higher workloads and burnout
• Instability
The Bottom Line:

Harder to Recruit and Harder to Retain Employees.

Results in Diminished Services to the Community and Failure to meet Strategic Goals. 30 Packet Pg.
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Bottom Line:

Funding Strategic
Initiatives
Presented by:

Barbara Whitehorn
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Staff Recommendations - Quality of Life
Staff recommends consideration and approval of the following:
• Turf-Friendly Mini-Loader w/Power Washer One Time $170,000 CD • Biohazard Cleanup Agreement Ongoing $250,000 CD
• Weed Abatement & Brush Clearing Agreement Ongoing $150,000 CD • Hazard Pay at $200/week for 2 crews FY 23/24 $93,600 SR • FY 23/24 based on 9/1/23 effective date
• Ongoing Full-Year Cost: $124,800
• City-wide Security Contract Ongoing $1,256,000 SR
• Already Budgeted: $924,500

Bottom Line
Expanding the City’s Quality of Life tools and services improves the City’s appearance, cleanliness, safety, and attractiveness for its residents, businesses, and the development community.
32 FUNDING
SOURCE FY 23/24 ONGOING
(SR) Strategic
Reserve $1,349,600 $1,380,800
(CC) Capital
Contingency $ 0 $ 0
(CD) Cultural
Development $570,000 $400,000
Total $1,919,600 $1,780,800
(FSI) Future
Strategic
Initiatives
$4,081,386
$1,919,600

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Staff Recommendations - Quality of Life
Staff recommends prioritizing the following as part of the budget process • Quality of Life Police Department Team Ongoing $1,575,486 FSI • Park Ranger Program Ongoing $505,900 FSI
• Homelessness Services Sustainability Ongoing $2,000,000 FSI • Beginning FY 2026/27
Staff recommends for Council to provide direction on the following:
• Additional rules for restrictions around sensitive uses/areas • An ordinance prohibiting the storage of personal property in public areas Bottom Line
Expanding the City’s Quality of Life tools and services improves the City’s appearance, cleanliness, safety, and attractiveness for its residents, businesses, and the development community.
33 FUNDING
SOURCE FY 23/24 ONGOING
(SR) Strategic
Reserve $1,349,600 $1,380,800
(CC) Capital
Contingency $ 0 $ 0
(CD) Cultural
Development $570,000 $400,000
Total $1,919,600 $1,780,800
(FSI) Future
Strategic
Initiatives
$4,081,386
$4,081,386

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Staff Recommendations – One Stop Shop
Staff recommends consideration and approval of the following:
• Design and Construction One Time $400,000 CC
• Already Budgeted: $400,000
• Ombudsperson Salary & Benefits FY 23/24 $69,061 SR • Ongoing Full-Year Estimate: $138,122
• Bilingual Senior Customer Service Rep. FY 23/24 $47,994 SR • Ongoing Full-Year Estimate: $95,987
Note: FY 23/24 staff costs are based on 6 months of employment (1/1/24 start date) Bottom Line
Establishing the One-Stop Shop reduces wait times, improves the plan check process, and enhances the customer experience, making the City’s permitting process friendlier to developers, businesses, and residents alike.
34 FUNDING
SOURCE FY 23/24 ONGOING
(SR) Strategic
Reserve $ 117,055 $ 234,109
(CC) Capital
Contingency $ 400,000 $ 0
(CD) Cultural
Development $ 0 $ 0
Total $ 517,055 $ 234,109
(FSI) Future
Strategic
Initiatives
$ 0
$517,055

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Staff Recommendations – Infrastructure
Staff recommends consideration and approval of the following:
• City Hall Engineering and Space Study One Time $300,000 CC • Bridge Management Master Plan One Time $500,000 CC • ADA Master Plan, Phase I One Time $500,000 CC
Staff recommends prioritizing the following as part of the budget process • ADA Master Plan, Future Phases One Time $1,500,000 FSI • Storm Drain Master Plan One Time $1,000,000 FSI
• Facility / Building Management Plan One Time $1,000,000 FSI Bottom Line
Establishing Master Plans enables the City to wholistically evaluate its infrastructure needs, allowing for proactive improvements in the prioritization, development, and delivery of capital projects.
35 FUNDING
SOURCE FY 23/24 ONGOING
(SR) Strategic
Reserve $ 0 $ 0
(CC) Capital
Contingency $ 1,300,000 $ 0
(CD) Cultural
Development $ 0 $ 0
Total $ 1,300,000 $ 0
(FSI) Future
Strategic
Initiatives
$ 3,500,000
$1,300,000
$3,500,000

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Staff Recommendations – Legislative Affairs
Staff recommends consideration and approval of the following:
• Federal Advocacy Contract Ongoing $125,000 SR
• State Advocacy Contract Ongoing $125,000 SR
• Legislative & Governmental Affairs Manager FY 23/24 $86,937 SR • Ongoing Full-Year Estimate: $173,873
Note: FY 23/24 staff costs are based on 6 months of employment (1/1/24 start date) Staff recommends for Council to provide direction on the following:
• Identifying a list of potential projects for upcoming state and federal funding cycles. • Updating the Legislative Platform to expand the homelessness platform and include Animal Services, funding equities, fentanyl and other illegal drugs, and tribal sovereignty.

Bottom Line
Establishing a Legislative Affairs position and approving advocacy contracts improves the City’s ability to secure state and federal funding and ensures that the Mayor and Council has full visibility over impactful legislation.
36 FUNDING
SOURCE FY 23/24 ONGOING
(SR) Strategic
Reserve $ 336,937 $ 423,873
(CC) Capital
Contingency $ 0 $ 0
(CD) Cultural
Development $ 0 $ 0
Total $ 336,937 $ 423,873
(FSI) Future
Strategic
Initiatives
$ 0
$336,937

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Staff Recommendations – Economic Development
Staff recommends Council provide direction on the following:
• Investment Playbook/Nerve Center Operator
• Investment Playbook Fiscal Agent
• Evaluate the Feasibility of Economic Development Initiatives • Implementing a Downtown Economic Impact Study
• Property and Business Improvement District Formation
• Pedestrian Activation at Court Street
• Special Event Programming
• Revolving Loan Program
• Retaining a brokerage firm to market city-owned properties • Establishing a Downtown University Campus
• Implementing an Economic Development Action Plan
• Expanding Chamber and Association Partnerships
• Rebranding
Bottom Line
Establishing operational plans and roadmaps that include community and stakeholder partnerships will allow the City to implement a new Economic Development Plan for the revitalization of Downtown.
37 FUNDING
SOURCE FY 23/24 ONGOING
(SR) Strategic
Reserve
None at
this time
None at
this time
(CC) Capital
Contingency
None at
this time
None at
this time
(CD) Cultural
Development
None at
this time
None at
this time
Total None at
this time
None at
this time
(FSI) Future
Strategic
Initiatives
$ 0

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Staff Recommendations – Strategic Staffing
Staff recommends consideration and approval of the following:
• Economic Development Department Staffing
• Director of Economic Development FY 23/24 $140,188 SR • Ongoing Full-Year Estimate: $280,376
• Three Economic Development Managers FY 23/24 $279,327 SR • Ongoing Full-Year Estimate: $558,654
• Administrative Assistant FY 23/24 $40,275 SR
• Ongoing Full-Year Estimate: $80,549
Note: FY 23/24 staff costs are based on 6 months of employment (1/1/24 start date) Bottom Line
Providing a greater focus and commitment to Economic Development by establishing and staffing the Economic Development Department accelerates Downtown revitalization efforts and allows the City to attract new businesses with greater marketing and outreach initiatives, retain existing business with better services, and establish special event programs, leading to long-term revenue growth and economic prosperity. 38 FUNDING
SOURCE FY 23/24 ONGOING
(SR) Strategic
Reserve $459,790 $919,579
(CC) Capital
Contingency $ 0 $ 0
(CD) Cultural
Development $ 0 $ 0
Econ Dev
Subtotal $459,790 $919,579
(FSI) Future
Strategic
Initiatives
$ 0
$459,790

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Staff Recommendations – Strategic Staffing
Staff recommends consideration and approval of the following:
• Animal Services Staffing
• Deputy Director of Animal Services FY 23/24 $102,001 SR • Ongoing Full-Year Estimate: $204,001
• Registered Veterinary Technician FY 23/24 $40,630 SR • Ongoing Full-Year Estimate: $81,259
• Veterinary Assistant FY 23/24 $33,277 SR
• Ongoing Full-Year Estimate: $66,554
Note: FY 23/24 staff costs are based on 6 months of employment (1/1/24 start date) Bottom Line
Enhancing the veterinary staff and leadership of Animal Services improves the department’s service levels, provides for better care and well-being of animals, and enables the department to bring forward more programs and initiatives for the benefit of the City.
39 FUNDING
SOURCE FY 23/24 ONGOING
(SR) Strategic
Reserve $175,908 $351,814
(CC) Capital
Contingency $ 0 $ 0
(CD) Cultural
Development $ 0 $ 0
Animal Services
Subtotal $175,908 $351,814
(FSI) Future
Strategic
Initiatives
$ 0
$175,908

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Staff Recommendations – Strategic Staffing
Staff recommends consideration and approval of the following:
• City Manager’s Office Staffing
• Assistant City Manager FY 23/24 $148,588 SR
• Ongoing Full-Year Estimate: $297,175
Note: FY 23/24 staff costs are based on 6 months of employment (1/1/24 start date) Bottom Line
Strengthening the structure, capacity, and span of control of the City Manager’s Office enables the City to accelerate the implementation of Council’s strategic goals and priorities, as well as providing improved focus and direction on enhancing City-wide operations, high-priority projects, and resolving highly sensitive matters. 40 FUNDING
SOURCE FY 23/24 ONGOING
(SR) Strategic
Reserve $148,588 $297,175
(CC) Capital
Contingency $ 0 $ 0
(CD) Cultural
Development $ 0 $ 0
City Manager Ofc
Subtotal $148,588 $297,175
(FSI) Future
Strategic
Initiatives
$ 0
$148,588

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Staff Recommendations – Strategic Staffing
Staff recommends consideration and approval of the following:
• Housing and Homelessness Staffing
• Housing Division Manager FY 23/24 $93,511 SR
• Ongoing Full-Year Estimate: $187,022
• Principal Accountant FY 23/24 $73,534 SR
• Ongoing Full-Year Estimate: $147,067
• Management Analyst II FY 23/24 $59,974 SR
• Ongoing Full-Year Estimate: $119,948
Note: FY 23/24 staff costs are based on 6 months of employment (1/1/24 start date) Bottom Line
Improving the Housing Division’s project planning, management, and oversight capacity leads to increases in the City’s housing inventory and allow for more rigorous monitoring and compliance practices.
41 FUNDING
SOURCE FY 23/24 ONGOING
(SR) Strategic
Reserve $227,019 $454,037
(CC) Capital
Contingency $ 0 $ 0
(CD) Cultural
Development $ 0 $ 0
Housing
Subtotal $227,019 $454,037
(FSI) Future
Strategic
Initiatives
$ 0
$227,019

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Staff Recommendations – Strategic Staffing
Staff recommends consideration and approval of the following:
• Parks, Recreation and Community Services Staffing
• Deputy Director of Parks FY 23/24 $102,001 SR
• Ongoing Full-Year Estimate: $204,001
Note: FY 23/24 staff costs are based on 6 months of employment (1/1/24 start date) Bottom Line
Enhancing Park’s leadership structure improves oversight over the department’s operating budget, grant programs, and CIP projects, allowing for new and expanded efforts in revitalizing the City’s parks and programs.
42 FUNDING
SOURCE FY 23/24 ONGOING
(SR) Strategic
Reserve $102,001 $204,001
(CC) Capital
Contingency $ 0 $ 0
(CD) Cultural
Development $ 0 $ 0
Parks
Subtotal $102,001 $204,001
(FSI) Future
Strategic
Initiatives
$ 0
$102,001

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Staff Recommendations – Strategic Staffing
Staff recommends consideration and approval of the following:
• Planning Division Staffing
• The City Planner (Reclassification) FY 23/24 ($51,758) SR • Ongoing Full-Year Estimate: ($103,516)
• Senior Planner FY 23/24 $73,221 SR
• Ongoing Full-Year Estimate: $146,441
• Associate Planner FY 23/24 $63,412 SR
• Ongoing Full-Year Estimate: $126,823
• Planning Aide FY 23/24 $49,913 SR
• Ongoing Full-Year Estimate: $99,826
• Administrative Assistant FY 23/24 $40,275 SR
• Ongoing Full-Year Estimate: $80,549
Note: FY 23/24 staff costs are based on 6 months of employment (1/1/24 start date) Bottom Line
Expanding the Planning Division improves the City’s responsiveness to developers and reduces the review times for projects, making the City more friendly and attractive for economic development.
43 FUNDING
SOURCE FY 23/24 ONGOING
(SR) Strategic
Reserve $175,063 $350,123
(CC) Capital
Contingency $ 0 $ 0
(CD) Cultural
Development $ 0 $ 0
Planning
Subtotal $175,063 $350,123
(FSI) Future
Strategic
Initiatives
$ 0
$175,063

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Staff Recommendations – Strategic Staffing
Staff recommends consideration and approval of the following:
• Public Works Staffing
• Three Engineering Project Managers FY 23/24 $257,420 SR • Ongoing Full-Year Estimate: $514,839
• Land Developer Engineer FY 23/24 $85,807 SR
• Ongoing Full-Year Estimate: $171,613
Note: FY 23/24 staff costs are based on 6 months of employment (1/1/24 start date) Staff recommends for Council to provide direction on the following:
• Retitling the Departments
• Retitling the Agency Directors
Bottom Line
Working towards a more robust Engineering staffing structure improves CIP project management capacity, reduces the CIP project workload from 47 projects per manager to 24 (which is closer to the industry average of 7-10 projects per manager), and accelerates CIP project delivery, allowing the City to better meet the needs of the community. 44 FUNDING
SOURCE FY 23/24 ONGOING
(SR) Strategic
Reserve $343,227 $686,452
(CC) Capital
Contingency $ 0 $ 0
(CD) Cultural
Development $ 0 $ 0
Public Works
Subtotal $343,227 $686,452
(FSI) Future
Strategic
Initiatives
$ 0
$343,227

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$4,081,386$1,780,800$1,919,600
Costing Overview
45 FY 2023/24 Ongoing Costs Future
Considerations
Quality of Life
One Stop Shop
Infrastructure
Legislative Affairs
Economic
Development
Strategic Staffing
$0$234,109$517,055
$3,500,000$0$1,300,000
$0$423,873$336,937
$0$0$0
$0$3,263,181$1,631,596
$7,581,386$5,701,963$5,705,188

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Strategic Reserve-
Ongoing Costs
• Strategic
Reserve:
$3,539,363
• Total Proposed
(FY 2023/24):
$3,435,188
• Remaining
(FY 2023/24):
$104,175
• Est. Ongoing
(future years):
$5,301,963
Capital Reserve- One-
Time Costs
• Capital
Reserve:
$6,000,000
• Total Proposed
(FY 2023/24):
$1,700,000
• Remaining
(FY 2023/24):
$4,300,000
• Est. Ongoing
(future years):

N/A (one-time)
Cultural Development
• Cultural Dev.

Fund Balance:
$4,374,552
• Total Proposed
(FY 2023/24):
$570,000
• Remaining
(FY 2023/24):
$3,804,552
• Est. Ongoing
(future years):
$400,000
Summary of Funding Sources
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Staff Recommendation

1. Adopt Resolution 2023-144:
a. Amending the FY 2023/24 Operating Budget totaling $5,705,188 with:
• $3,435,188 in General Fund Strategic Reserve total appropriations • $1,700,000 in General Fund Capital Contingency Reserve total appropriations • $570,000 in Cultural Development Fund total appropriations b. Approving the creation of the Economic Development Department c. Directing staff to prepare and bring back a revised City salary schedule to include new positions

2. Approve the Proposed Strategic Initiatives for Future Years to be considered as part of the FY 2024/25 & FY 2025/26 Biennial Budget process and prioritize the Strategic Initiatives for funding

3. Direct staff to bring back Strategic Initiatives requiring further Council review and approval 47 Packet Pg.
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City Manager’s
Closing Remarks
Charles McNeely
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Questions?
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Resolution No. 2023-144
Resolution No. 2023-144
September 6, 2023

Page 1 of 3 ends

Mayor and City CouncilSeptember 6, 2023

Mayor and City Council
September 6, 2023