Mayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE
HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, OCTOBER 18, 2023
5:30 PM CLOSED SESSION 7:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA, 92410 •
WWW.SBCITY.ORG
MAYOR TRAN WILL BE PARTICIPATING REMOTELY FROM WALDORF ASTORIA, 1100 PENNSYLVANIA AVENUE NW, BUSINESS CENTER, WASHINGTON, DC 20004.
Theodore Sanchez Helen Tran
Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles E. McNeely
COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER
Juan Figueroa
Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett
Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
Please contact the City Clerk's Office (909) 3845002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters.
To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents.
Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
Interim City Manager Charles E. McNeely
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d
i. (1):Juanita Martinez v. Home Depot, et al., San Bernardino Superior Court Case No. CIVSB1936862
B. PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
Cit
y Manager
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Secti on 5495
6.9(d)(2)):
One Item
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to G
overnment Code Section 54956.8
P
roperty: 300 North E Street Parcel Map 688, Parcel 12 Book 25 Page 47 Parcel Map 688 Parcel No. 12 formally known as City PTN Blk 12 and PTN 3rd St VAC
Cit
y Negotiator: City Manager or Designee
Negotiating Parties: El Corte Ingles
Under Negotiations: Price and Terms of Exclusive Negotiating Agreement p.13
Mayor and City Council of the City of San Bernardino Page 3 7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
CITY MANAGER UPDATE
PRESENTATIONS
1. Assemblymember James Ramos (DSan Bernardino) Check Presentation: $5 Million to t
he City of San Bernardino to Develop a New 12.5 Acre Park, Community Garden, Emergency Shelter, and/or a Permanent Supportive Housing Facility for Homeless Individuals (Ward 1)
2. Inland Empire 66ers Annual Report & Update
3. October 2023 Citizen of the Month – Pastor Martin Martinez, Cornerst one A
ssemblies of God – 3rd Ward
4. October 2023 Citizen of the Month – Bertha Parra – 3rd Ward
5. Proclamation for Breast Cancer Awareness Month in the City of San Bernardino October 2023 (All Wards)
6. City of San Bernardino Youth Civic Engagement Council Members
7. City Cleanup Efforts Update Presentation
CONSENT CALENDAR
8. 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 AugustSeptember 2023.
9. Investment Portfolio Report for June 2023 (All Wards) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for June 2023. p.14
p.15
p. 29
p. 31
p. 33
p. 35
p. 36
p. 53
p. 194
Mayor and City Council of the City of San Bernardino Page 4
10. Strategic Initiatives – Approving Job Classifications and Amending the Salar y S
chedule
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023157:
1. Establishing the Park Ranger Supervisor classification;
2. Establishing the Park Ranger classification;
3. Establishing the Ombudsperson classification;
4. Establishing the Legislative & Governmental Affairs Manager (U) classification;
5. Establishing the Deputy Director of Animal Services (U) classification;
6. Establishing the Veterinary Assistant classification;
7. Amending the salary for Deputy Director of Parks, Recreations and Community Services (U);
8. Amending the salary for Police Personnel & Training Technician;
9. Retitling the Agency Directors classifications; and
10. Amending the Citywide salary schedule for fulltime, parttime, temporary, and seasonal positions.
11. Execution of a fiveyear agreement between the County of San Bernardino and t he C
ity of San Bernardino for Police Department access to the County Radi o C
ommunication System (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Berardino, California, adopt Resolution No. 2023158 authorizing the City Manager to
1. Execute a fiveyear agreement between the City of San Bernardino and the County of San Bernardino, for Police Department access to the County’s digital radio communication system, and
2. Authorize the Director of Administrative Services to issue an annual purchase order t o
t
he County of San Bernardino for radio services, not to exceed $2,343,228 over t he dur
ation of the agreement.
12. Construction Contract Award – Genevieve and Ralston Lighting Circuit Upgrades (
Ward 7)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the award of a construction contract with Elecnor Belc o E
lectric, Inc., in the amount of $2,045,193 for the construction of Genevieve and Ralston Lighting Circuit Upgrades (‘Project”); and
2. Authorize the project construction, construction contingencies and engineering and inspections costs in the total amount of $600,000 for construction for Genevieve and Ralston Lighting Circuit Upgrades (‘Project”); and
3. Authorize the Agency Director of Administrative Services to issue a pur
chase order in an amount not to exceed $2,645,193.
p. 204
p. 223
p. 245
Mayor and City Council of the City of San Bernardino Page 5
13. Agreement with Econolite for the Purchase of Traffic Signal Cabinets (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 Purchase Agreement with Econolite Control Products, Inc., for the purchase of traffic signal cabinets and related components; and
2. Authorize the Director of Administrative Services to issue a purchase order in the amount of $100,000; and
3. Authorize the City Manager or designee to extend the Goods Purchase Agreement with Econolite Control Products, Inc., for up to four additional one year terms for an amount not to exceed $100,000 annually.
14. Agreement with JTB Supply Co, Inc. for the Purchase of Traffic Intersection Signal Supplies (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 Purchase Agreement with JTB Supply Co., Inc., for the purchase of traffic signal supplies and related components; and
2. Authorize the Director of Administrative Services to issue a purchase order in the amount of $200,000; and
3. Authorize the City Manager or designee to extend the Goods Purchase Agreement with JTB Supply Co., Inc., for up to four additional oneyear terms for an amount not to exceed $200,000 annually.
15. Amendment No. 1 to Agreement with Infrastructure Engineers, A Bowman Company (Wards 1, 2, 3, 6 & 7)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the extension of Amendment No. 1 Professional Services Agreement with I
nfrastructure Engineers, A Bowman Company, until October 18, 2024, for construction m
anagement and inspections services for the creation and installation of Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue.
DISCUSSION
16. Employment Agreement for the Position of City Manager Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Mayor to execute an employment agreement for the position of City Manager with Charles A. Montoya to commence on October 30, 2023.
17. San Bernardino Regional Housing Trust Letter of Intent Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Receive and file presentation from San Bernardino Council of Governments; and
2. Authorize the City to join the San Bernardino Regional Housing Trust by submitting a Let
ter of Intent to the San Bernardino Council of Governments. p. 306
p. 347
p. 391
p. 449
p. 468
Mayor and City Council of the City of San Bernardino Page 6
18. Introduction of Ordinance No. MC1622: Floodplain Ordinance (FPO) (All Wards) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by title, and waive further reading of Ordinance No. MC1622: adopting a new Chapter 8.79 of the City of San Bernardino municipal code; adopting flood hazard maps; designating a floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal code.
19. Amendment No. 1 to Memorandum of Understanding for Temporary License between the City of San Bernardino and the San Bernardino City Unified School District, and Southern California Gas Company; and Approve a Task Order for Design Services for the Cross Street Bridge Emergency Replacement (Ward 2) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. A
pprove Amendment No. 1 to the Memorandum of Understanding (“MOU”) for the Temporary License between the City of San Bernardino and the San Bernardino City Unified School District and Southern California Gas Company (“SoCal Gas”) f
or use of property on Fairfax Elementary School; and
2. Authorize the Agency Director of Administrative Services to approve a task order for design services to the City’s oncall consultant, IMEG Consultants Corp., in the amount of $190,190 for the Cross Street Bridge Emergency Replacement project.
20. Approving Amendment No. 2 to Cooperative Agreement No. 191002205 with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04019) (Wards 5,6) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute Amendment No. 2 to Cooperative Agreement No. 191002205 with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04019); and
2. Adopt Resolution No. 2023159 authorizing the Director of Administrative Services to am
end the Interstate 215/University Parkway Interchange Project budget in the am
ount of $864,908 through the General Fund Balance.
21. Professional Services Agreement with Redwood Private Security, LP, for Citywide Armed and Unarmed Security Guard Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager or designee, to execute a Professional Services Agreement with Redwood Private Security, LP, for citywide armed and unarmed security guard services; and
2. Authorize the Director of Administrative Services to issue a purchase order to Redwood Private Security, LP, in the amount of $1,912,076. p. 504
p. 546
p. 592
p. 636
Mayor and City Council of the City of San Bernardino Page 7
PUBLIC HEARING
22. Pathways to Removing Obstacles to Housing (PRO Housing) Grant Application Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Conduct a Public Hearing to obtain citizens’ comments on the draft Pathways to Removing Obstacles to Housing (PRO Housing) grant application to the D
epartment of Housing and Urban Development (HUD); and
2. Authorize the City Manager, or designee, to take necessary steps to effectuate the submittal of the proposed Pathways to Removing Obstacles to Housing (PRO Housing) grant application, and related documents, to the Department of Housing and Urban Development (HUD).
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on November 01, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.
C
ERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the October 18, 2023, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, October 13, 2023.
I declare under the penalty of perjury that the foregoing is true and correct. p. 744
Mayor and City Council of the City of San Bernardino Page 8
NOTICE:
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.
In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:
Public Comments and Testimony:
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.
Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda.
Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.
5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.
Mayor and City Council of the City of San Bernardino Page 9
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes w ith any other member of the public.
Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.
Mayor and City Council of the City of San Bernardino Page 10
ALTERNATE MEETING VIEWING METHOD:
If there are issues with the main live stream for the Mayor and City Council you may view the alternate stream on TV3
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1? channel=6
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.
Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe.
2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments
3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom)
Submit a request to speak by 4:00 p.m. to https://tinyurl.com/mccpubliccomments or email [email protected]. Please indicate whether you are speaking on an item on the agenda (identify the item number) or providing a general comment.
Please use identifying information when submitting your request to speak such as a name or last four digits of your phone number so that staff can call on you.
The public may begin joining the meeting on Zoom or by callingin to be added to the speaker queue at 5:15 PM for Closed Session.
For the Regular Meeting please log on no later than 15 minutes after the meeting start time.
Mayor and City Council of the City of San Bernardino Page 11
a) You can use a mobile phone or a landline to dial into a Zoom meeting.
i) Dial (669) 9006833. When prompted, enter the Meeting ID: 6778459453 Passcode:2023
ii) Dial *9 from your phone to raise your hand via Zoom
If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.
Continued next page...
8) Join the Meeting by clicking on the Zoom link below:
https://sbcityorg.zoom.us/j/6778459453?pwd=WHduYlU3clJxRklxTFJ2M2xtUlZhZz09 Meeting ID: 677 845 9453
Passcode:2023
You can also Go to Zoom.us and click "Join a Meeting" at the top.
Enter the Meeting ID: 6778459453
Passcode:2023
Public Hearings:
If you are commenting on a Public Hearing whether you are speaking remotely or in person you have an opportunity to speak until the Public Hearing has been closed.
This page is intentionally left blank.
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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney's Office
Subject: CLOSED SESSION
Recommendation:
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d (1):
i.Juanita Martinez v. Home Depot, et al., San Bernardino Superior Court Case No. CIVSB1936862
B. PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8
Property: 300 North E Street
Parcel Map 688, Parcel 12 Book 25 Page 47 Parcel
Map 688 Parcel No. 12 formally known as City PTN
Blk 12 and PTN 3rd St VAC
City Negotiator: City Manager or Designee
Negotiating Parties: El Corte Ingles
Under Negotiations: Price and Terms of Exclusive Negotiating Agreement
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3 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Assemblymember James Ramos (D-San Bernardino)
Check Presentation: $5 Million to the City of San
Bernardino to Develop a New 12.5 Acre Park,
Community Garden, Emergency Shelter, and/or a
Permanent Supportive Housing Facility for Homeless
Individuals (Ward 1)
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14 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles McNeely, Interim City Manager
Mary E. Lanier, Interim Director of Community, Housing, and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Inland Empire 66ers Annual Report & Update
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16 2023 SEASON IN REVIEW
● About The Team
● Stadium & Fan Experience Improvements
● Attendance & Team Performance
● Community Involvement
● 2024 & Beyond
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17 ABOUT THE 66ERS
● Major League Baseball has a
Minor League System
● The Inland Empire 66ers of
San Bernardino are the
Low-A Affiliate of the
Los Angeles Angels
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18 ABOUT THE 66ERS
● Often the “First Stop” in the journey for a
player to earn their way to the Majors!
● The 66ers play in San Manuel Stadium
(4k seats + standing room for another 1.5k-2k fans)
● Stadium owned by the residents of the
City of San Bernardino
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19 STADIUM UPGRADES
$2 MILLION IN 2023
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20 CLUB HOUSES
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21 CLUB HOUSES
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22 INSTRUCTIONAL FACILITY
INDOOR
BATTING
CAGES!
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23 ATTENDANCE
● 2023: 143,247 (over 2,100 per night!)
● 2022: 141,792
● 2021: 90,587 (partial Covid year)
The 66ers finished 68-61 & made it to the CA League Playoffs! In 2022 the 66ers were 2nd in total attendance
in the CA League. 2023 total numbers by all
teams are still pending release.
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24 COMMUNITY INVOLVEMENT
● Hit The Books: 50 San Bernardino schools
participate, where students are rewarded for reading
with free 66ers tickets.
● 66ers Foundation: partner with local
businesses to provide funding for underprivileged
youth in the IE to play baseball/softball
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25 COMMUNITY INVOLVEMENT
● Back To School: partnered with
Miracles & Dreams Foundation with
100 backpacks filled with supplies &
given away to kids
● Back To School Drive: received donations of
backpacks & school supplies to help youth in the
community
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26 ALL ABOUT KIDS & FAMILIES
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27 2024 AND BEYOND
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28 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Juan Figueroa, Council Member, 3rd Ward
Department: Council Office
Subject: October 2023 Citizen of the Month – Pastor Martin Martinez, Cornerstone Assemblies of God – 3rd Ward
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29 City of San Bernardino
FROM THE
MAYOR AND CITY COUNCIL HONORING
PASTORPASTOR MARTINMARTIN MARTINEZMARTINEZ
CORNERSTONECORNERSTONE ASSEMBLIESASSEMBLIES OFOF GODGOD OCTOBEROCTOBER 20232023
CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD
CConcerned
IInvestor
TTime/Talent
IInvolved
ZZealous
EEnthusiastic
NNeighborly
In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 18th day of October 2023
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30 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Juan Figueroa, Council Member, 3rd Ward
Department: Council Office
Subject: October 2023 Citizen of the Month – Bertha
Parra – 3rd Ward
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31 City of San Bernardino
FROM THE
MAYOR AND CITY COUNCIL HONORING
BERTHABERTHA PARRAPARRA
OCTOBEROCTOBER 20232023
CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD
CConcerned
IInvestor
TTime/Talent
IInvolved
ZZealous
EEnthusiastic
NNeighborly
In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 18th day of October 2023
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32 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Breast Cancer Awareness Month in the City of San Bernardino - October 2023 (All
Wards)
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33 PROCLAMATION OF THE
MAYOR AND CITY COUNCIL
PROCLAIMING OCTOBER 2023, AS
BREAST CANCER AWARENESS MONTH
IN THE CITY OF SAN BERNARDINO
WHEREAS, October is National Breast Cancer Awareness Month, which is an annual campaign to increase awareness of the disease and drive action; and, WHEREAS, about every two minutes one case of breast cancer is diagnosed in the United States; and,
WHEREAS, in California, more than 32,000 new cases of breast cancer will be diagnosed in 2023 and more than 4,680 people will die of the disease; and, WHEREAS, the journey for many individuals is quite different. It is estimated that more than 168,000 Americans are living with metastatic breast cancer in the U.S.; and, WHEREAS, metastatic breast cancer is a devastating stage of breast cancer that occurs when cancer spreads beyond the breast to other parts of the body, including the bones, lungs, liver and brain; and,
WHEREAS, although metastatic breast cancer cannot be cured today, it can be treated, in which treatment focuses on extending life and maintaining quality of life; and, WHEREAS, the mortality rate is about 40 percent higher in Black women than in white women; and,
WHEREAS, breast cancer is the most common cancer and the leading cause of cancer death in Hispanic and Latina women; and,
WHEREAS, the more than 4 million breast cancer survivors in the U.S., those living with the disease and the people who love them can attest to the urgent need for access to timely, affordable health care – including screening, diagnosis and treatment – and robust funding for cancer research; and,
WHEREAS, by joining together as a community, we can work towards a future where breast cancer is no longer a life-threatening disease, and all individuals have access to the necessary care and support.
NOW THEREFORE, BE IT PROCLAIMED THAT, the Mayor & City Council of the City of San Bernardino, do hereby designate October 2023 as Breast Cancer Awareness Month. We encourage all residents to join in promoting awareness, education, and early detection of breast cancer, and to support efforts to find a cure.
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34 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely
Department: City Manager's Office
Subject: City of San Bernardino Youth Civic Engagement
Council Members
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8 PRESENTATION
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely; Ernesto Salinas, Acting Director of Public Works
Department: Public Works
Subject: City Clean-up Efforts Update Presentation
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36 City Clean-up Efforts Update
Ernesto
Salinas
Acting Director of Public
Works
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37 City Clean-up Efforts
Update
2 • Current Strategy/New Teams
• Recognition
• Upcoming Efforts
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38 Current
Strategy
3 Wed Control
Illegal Dump
Roving Crews
In-House
Clean-Up Team
Weed
Abatement Illegal Dump
Roving Teams
Three-Tiered Strategy
Requests reportable to us by
Call Center and Go-App
Daily City-wide field visits
and street patrols
Known dumping areas
frequently visited
We encourage residents
reporting dumping and weeds
to us via Call Center!
Graffiti
Team
Ø Rob’s Weed Control
Ø Parks Maintenance
Weed Spraying
Ø Downtown Team
Ø Beautification Team
Ø In-House Roving Crew
Ø CEO Works Roving Crew
Ø New STRIKE team!
Stats to Date
(completed requests)
Illegal Dumps
5,765
Weed Abatement
694
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Recent In-House Beautification Efforts
Recent Projects
ü Arrowhead Pocket Park
ü Inland Center Walking Path
ü Arrowhead Look-Out Point
ü Muscupiabe Zen Sitting Area
ü Perris Hill Zen Sitting Area
ü Nunez Soccer Field Bleachers
ü Redlands Blvd
ü Valley College (Mt. Vernon)
ü Wildwood Dog Park
ü …and many others.
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40 City Clean-Up Efforts
Update
5 Zen Sitting Space at Muscupiabe Greenbelt Arrowhead Pocket Park
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41 City Clean-Up Efforts
Update
6 Walking Path
Inland Center
Drive / I Street
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Update
7 Arrowhead Look-Out Point Nunez Park Ruben C. Campos
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43 City Clean-Up Efforts
Update
8 Redlands Blvd Valley College Median Ruben C. Campos Wildwood Median
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44 City Clean-Up Efforts
Update
9 Gutierrez Ballfields Perris Hill Park Sitting Space
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45 The Beautification
Team
10 Robbie Carlton,
Lead MW
Daniel Villa, MWI
Brian Klein, MWI
Jared Nielson, MWI
Estimated Project Savings:
$1.1 million as a result of
their in-house work.
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Teams
11 Before After
New STRIKE Team!
Ø Assigned for quick
response to urgent requests
and areas prone to blight
Ø Inland Community Outreach Center
(San Bernardino Owned and Operated)
Ø Surveys major roads and arterials daily!
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47 Roving
Teams
12 CEO Works Roving Crews
Ø Assigned major arterials for
collection of illegal dumps and
debris
Ø Assist with city lots as needed
Ø Assist with homeless encampment
clean ups
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Teams
13 In-House Staff
Ø Service-request based
Ø City lot clean ups
Ø Neighborhood clean ups
Ø Arterials
Ø Alleys
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Abatement
14 Ø In-House Staff preventative
maintenance and spraying
Ø On-demand contractor for
weed abatement and specialized
services, such as working in ravines
and hard-to-reach areas
ROBs WEED CONTROL
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50 Collaborative Clean Up
Efforts
15 Graffiti Abatement and Homeless Clean Ups
Integral part of all our routine clean up efforts
Graffiti team removes graffiti in 24 hours or less
and supplements clean-ups as needed.
Homeless encampment clean up team utilizes
all components mentioned today to assist in their
efforts (mobilize all crews for larger efforts)
Volunteer Group Support
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51 Freeway and Ramp Clean Up
Efforts
16 Working with Cal Trans
City staff recently met with Cal Trans to discuss
areas adjacent to freeways and ramps that had
not been maintained, posed a fire hazard due to
dead brush, or housed encampments.
As a result, a formal communications channel
between the City and Cal Trans has been
established and there have been noticeable
improvements in the upkeep and maintenance
of San Bernardino’s Freeways, especially on the
210 Freeway.
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52 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 18, 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-September 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 August 31, 2023 $2,972,781.82
Bi-Weekly for September 14, 2023 $3,644,878.26
Bi-Weekly for September 28, 2023 $6,940,703.41
Monthly for September 15, 2023 $26,950.00
Total Payroll Demands: $13,585,313.49
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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 there is no further budgetary impact.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for August-September 2023.
Attachments
Attachment 1 Payroll Summary Report for August-September 2023 Attachment 2 Commercial checks & Payroll Register #7 Attachment 3 Commercial checks & Payroll Register #8 Attachment 4 Commercial checks & Payroll Register #9 Attachment 5 Commercial checks & Payroll Register #10 Attachment 6 Commercial checks & Payroll Register #11 Attachment 7 Commercial checks & Payroll Register #12 The following check registers are being presented for approval:
August 15, 2023 2023/24 (Register #7) $41,730.00
August 16, 2023 2023/24 (Register #8) $8,346.00
August 16, 2023 2023/24 (Register #9) $24,000.00
August 17, 2023 2023/24 (Register #10) $1,102,218.82
August 17, 2023 2023/24 (Register #11) $11,125.00
August 24, 2023 2023/24 (Register #12) $1,394,846.48
August 24, 2023 2023/24 (Register #13) $2,000.00
August 30, 2023 2023/24 (Register #14) $739,671.35
September 7, 2023 2023/24 (Register #15) $2,481,023.09
September 14, 2023 2023/24 (Register #16) $1,798,614.65 September 21, 2023 2023/24 (Register #17) $6,273,553.95 September 28, 2023 2023/24 (Register #18) $992,854.57
Total commercial check demands: $14,869,983.91
The following Electronic Funds Transfer (EFT) registers presented for approval:
July 5 to July 26, 2023 2023/24 (Register #1512-1524) $35,431,747.82 August 8 to August 29, 2023 2023/24 (Register #1525-1537) $3,783,176.10 Total commercial EFT demands: $39,214,923.92
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54 Attachment 8 Commercial checks & Payroll Register #13 Attachment 9 Commercial checks & Payroll Register #14 Attachment 10 Commercial checks & Payroll Register #15 Attachment 11 Commercial checks & Payroll Register #16 Attachment 12 Commercial checks & Payroll Register #17 Attachment 13 Commercial checks & Payroll Register #18 Attachment 14 Commercial EFT Registers #1512-1524 Attachment 15 Commercial EFT Registers #1525-1537 Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Investment Portfolio Report for June 2023 (All Wards) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for June 2023.
Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy.
Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended June 30, 2023.
The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements.
2021-2025 Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.
Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment report.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for June 2023.
Attachments
Attachment 1 Investment Portfolio Management Summary Report June 2023
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 18, 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: Strategic Initiatives – Approving Job Classifications and Amending the Salary Schedule
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-157:
1. Establishing the Park Ranger Supervisor classification;
2. Establishing the Park Ranger classification;
3. Establishing the Ombudsperson classification;
4. Establishing the Legislative & Governmental Affairs Manager (U) classification;
5. Establishing the Deputy Director of Animal Services (U) classification;
6. Establishing the Veterinary Assistant classification;
7. Amending the salary for Deputy Director of Parks, Recreations and Community Services (U);
8. Amending the salary for Police Personnel & Training Technician;
9. Retitling the Agency Director classifications; and
10. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.
Executive Summary
These actions are the continuation of the strategic initiatives established at the May 2023 Mayor and City Council three-day workshop retreat (“Retreat”). Follow-up meetings included further discussion and direction, resulting in the establishment of new positions and classifications as outlined above and described in detail below.
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Background
The Mayor and City Council held a three-day Retreat beginning on May 11, 2023, where goals and priorities for the City of San Bernardino were defined. At the Retreat, economic development opportunities and city staffing priorities, among other topics, were discussed.
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 and proposals for the Council’s future consideration. During the Workshop, the Council expressed concern regarding the reoccurring costs of the strategic initiatives and the impact that a potential reduction in consumer spending may have on the City’s ability to fund these ongoing costs.
Additionally, Council inquired about the viability of closing vacant positions and re- allocating their budgets to fund the strategic initiatives.
On September 12, 2023, staff presented a follow-up to the Workshop addressing the concerns and provided an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities. The presentation contained the addition of several new positions and proposed establishing new position classifications within several departments. As such, staff will be recommending a total of 10 new position classifications and updating 4 position classifications. Outlined below are some of those changes with additional classification updates to be presented in a subsequent council meeting. Classification and compensation studies were conducted to determine the salary ranges of the new classifications. Considerations of the City’s current salary schedule was also contemplated.
Discussion
Quality of Life- Park Ranger Program
The Park Ranger Supervisor will be a classified position in the Middle Management bargaining unit, responsible for supervising, assigning and participating in the work of staff performing a variety of specialized Park Ranger duties in support of the City’s parks and park facilities; this position will be in salary range 480, $5,386-$6,546/month.
The Park Ranger will be a classified position in the General bargaining unit, responsible for patrolling parks and grounds to promote park safety and to enforce City rules, codes, and policies; this position will be in salary range 397, $3,563- $4,331/month.
These classifications will promote a culture of exemplary customer service in the Parks, Recreation, and Community Services Department to all individuals by demonstrating a willingness to be attentive, understanding, responsive, fair, courteous, and respectful in maintaining a positive customer service environment.
One Stop Shop
The Ombudsperson will be a classified position in the Management/Confidential bargaining unit, responsible for facilitating the processing of new development plans
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for review and permitting and providing dispute resolution related to compliance with government codes and regulations; this position will be in salary range 518, $6,368- $7,740/month.
This classification will serve as the primary point of contact between city staff and city developers and residents while working closely with departments and outside agencies to maintain efficient and effective progress toward the permitting and public hearing process.
Legislative Affairs
The Legislative & Governmental Affairs Manager (U) will be an unclassified position in the Management/Confidential bargaining unit, responsible for planning, organizing, directing, and implementing the development and implementation of the City's legislative and governmental affairs program; this position will be in salary range 593, $9,257-$11,252/month.
This classification will act as a liaison with local, state, and federal legislative bodies, communicate the City's position on legislative matters, and act as a liaison between the City and other governmental agencies or public entities on issues of governmental relations.
Strategic Staffing – Animal Services
The Deputy Director of Animal Services (U) will be an unclassified position in the Management/Confidential bargaining unit, responsible for assisting the Director of Animal Services in managing, directing, and integrating the functions, programs, and activities of the Animal Services Department; this position will be in salary range 619, $10,538-$12,810/month.
The Veterinary Assistant will be a classified position in the General bargaining unit, responsible for assisting licensed veterinary staff and other animal care professionals in providing animal care, treatment, and welfare services to the public; this position will be in salary range 400, $3,617-$4,396/month.
These positions will play an important role in the operations of animal services including veterinary care, field enforcement, shelter care, licensing and immunization, and administrative services.
Strategic Staffing – Parks, Recreation and Community Services The Deputy Director of Parks, Recreations and Community Services (U) is an established classification within the City‘s Salary Schedule. However, it is currently range 612 as the position has not been utilized for some time. Staff recommends placing the classification at range 629, $11,078-$13,465/month.
This position will play a critical role in making recommendations relative to the operation, maintenance, construction, and protection of public parks, parkways, buildings, and grounds.
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Other Considerations - Police Personnel & Training Technician A salary survey was conducted at the request of the Police Department for the Police Personnel and Training Technician classification. The study included local agencies with comparable classifications. It was determined that the Police Personnel & Training Technician salary is significantly below the average market salary. Staff recommend raising the salary from Range 430, $4,201–$5,058/month, to Range 461, $4,792– $5,825/month. By doing so, this classification will reflect a more competitive range, and will assist the City in attracting qualified candidates and retaining those currently employed.
Agency Director Titles
The Agency Director titles will be changed as follows (see Attachment 3):
Agency Director of Public Works, Operations and Maintenance New Title – Director of Public Works, Operations and Maintenance Agency Director of Community, Housing and Economic Development New Title – Director of Community, Housing and Economic Development Agency Director of Administrative Services
New Title – Director of Finance and Management Services As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement System’s (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.
2021-2025 Strategic Targets and Goals
Establishing the proposed classification and amending the salary schedule aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to improve service delivery and function more efficiently.
Fiscal Impact
There will be sufficient salary savings within the Police Department to cover the cost associated with the increase of the Personnel & Training Technician’s salary. There is no other impact to the General Fund as costs were previously approved by the Mayor and City Council on September 12, 2023 and formally adopted and the budget amended on October 4, 2023.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-157:
1. Establishing the Park Ranger Supervisor classification;
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2. Establishing the Park Ranger classification;
3. Establishing the Ombudsperson classification;
4. Establishing the Legislative & Governmental Affairs Manager (U) classification;
5. Establishing the Deputy Director of Animal Services (U) classification;
6. Establishing the Veterinary Assistant classification;
7. Amending the salary for Deputy Director of Parks, Recreations and Community Services (U);
8. Amending the salary for Police Personnel & Training Technician;
9. Retitling the Agency Directors classifications; and
10. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.
Attachments
Attachment 1 Resolution 2023-157
Attachment 2 Resolution 2023-157; Exhibit A – City-wide Salary Schedule Attachment 3 Slide 56, Re-Title Agency Directors, Strategic Initiatives Presentation to Council, 6-30-2023
Ward:
All Wards
Synopsis of Previous Council Actions:
October 4, 2023 Mayor and City Council adopted Resolution No. 2023-147 amending the City-wide salary schedule for full-time, part- time, temporary, and seasonal positions.
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Resolution No. 2023-157
Resolution 2023-157
October 18, 2023
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RESOLUTION NO. 2023-157
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, 1.
ESTABLISHING THE PARK RANGER SUPERVISOR
CLASSIFICATION; 2. ESTABLISHING THE PARK
RANGER CLASSIFICATION; 3. ESTABLISHING THE
OMBUDSPERSON CLASSIFICATION; 4. ESTABLISHING
THE LEGISLATIVE & GOVERNMENT AFFAIRS
CLASSIFICATION; 5. ESTABLISHING THE DEPUTY
DIRECTOR OF ANIMAL SERVICES (U)
CLASSIFICATION; 6. ESTABLISHING THE VETERINARY
ASSISTANT CLASSIFICATION; 7. AMENDING THE
SALARY OF DEPUTY DIRECTOR OF PARKS,
RECREATION AND COMMUNITY SERVICES (U); 8.
AMENDING THE SALARY OF POLICE PERSONNEL &
TRAINING TECHNICIAN; 9. RETITLING THE AGENCY
DIRECTOR CLASSIFICATIONS; AND 10. AMENDING
THE CITY-WIDE SALARY SCHEDULE FOR FULL-TIME,
PART-TIME, TEMPORARY, AND SEASONAL
WHEREAS, The Mayor and City Council held a Retreat Workshop (“Retreat”) May 11, 2023 through May 13, 2023, where they defined their goals and priorities for the City of San Bernardino.
WHEREAS, On June 30, 2023, a Special Workshop (“Workshop”) was held to address the Council’s goals and priorities.
WHEREAS, On September 12, 2023, staff presented a follow-up to the June 30 Workshop providing an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities.
WHEREAS, The presentation contained the addition of several new positions and established new position classifications within several departments.
WHEREAS, A salary survey was conducted at the request of the Police Department for the Police Personnel and Training Technician classification. The study included local agencies with comparable classifications. It was determined that the Police Personnel & Training Technician salary was significantly below the average market salary.
WHEREAS, the salary schedule includes all adopted and approved classification and salaries; and
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Resolution No. 2023-157
Resolution 2023-157
October 18, 2023
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WHEREAS, the salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The classification of Park Ranger Supervisor, range 480, $5,386- $6,546/month, is hereby established and approved.
SECTION 3. The classification of Park Ranger, range 397, $3,563-$4,331/month, is hereby established and approved.
SECTION 4. The classification of Ombudsperson, range 518, $6,368-$7,740/month, is hereby established and approved.
SECTION 5. The classification of Legislative & Governmental Affairs Manager (U), range 593, $9,257-$11,252/month, is hereby established and approved.
SECTION 6. The classification of Deputy Director of Animal Services (U), range 619, $10,538-$12,810/month, is hereby established and approved.
SECTION 7. The classification of Veterinary Assistant, range 400, $3,617-$4,396/month, is hereby established and approved.
SECTION 8. The compensation of Deputy Director of Parks, Recreation and Community Services (U), range 629, $11,078-$13,465/month, is hereby approved.
SECTION 9. The compensation of Police Personnel & Training Technician, range 461, $4,792-$5,825/month, is hereby approved.
SECTION 10. The Agency Director of Public Works, Operations and Maintenance classification retitled to Director of Public Works, Operations and Maintenance, is hereby approved.
SECTION 11. The Agency Director of Community, Housing and Economic Development classification retitled to Director of Community, Housing and Economic Development, is hereby approved.
SECTION 12. The Agency Director of Administrative Services classification retitled to Director of Finance and Management Services, is hereby approved.
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Resolution No. 2023-157
Resolution 2023-157
October 18, 2023
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SECTION 13. The city-wide salary schedule incorporated herein as Exhibit A, is hereby approved.
SECTION 14. 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 15. 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 16. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 18th day of October 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. 2023-157
Resolution 2023-157
October 18, 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. 2023-157, adopted at a regular meeting held on the 18 th day of October 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.
Genoveva Rocha, CMC, City Clerk
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ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
30011 ACCOUNTANT I (FLEX) 465 $5,001.98 $6,080.40 MONTHLY GENERAL 30012 ACCOUNTANT II 485 $5,527.33 $6,718.81 MONTHLY GENERAL 10012 ACCOUNTANT II - PAYROLL 485 $5,401.95 $6,566.40 MONTHLY CONFIDENTIAL 20013 ACCOUNTANT III 520 $6,575.74 $7,993.21 MONTHLY MIDDLE MANAGEMENT 10860 ACCOUNTING DIVISION MANAGER (U) 608 $9,976.33 $12,126.50 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX) 399 $3,599.92 $4,374.65 MONTHLY GENERAL 30018 ACCOUNTING TECHNICIAN II 419 $3,976.75 $4,833.51 MONTHLY GENERAL 30030 ACCOUNTING TECHNICIAN III 437 $4,350.27 $5,287.93 MONTHLY GENERAL 30709 ADMINISTRATIVE ASSISTANT 400 $3,617.65 $4,396.82 MONTHLY GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) 464 $4,864.68 $5,913.23 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U) 410 $3,716.48 $4,516.97 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U) 430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,906.04 $4,747.69 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,494.91 $6,678.72 MONTHLY MIDDLE MANAGEMENT 10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 535 $6,931.44 $8,425.18 MONTHLY MANAGEMENT 30140 ANIMAL CONTROL OFFICER I (FLEX) 411 $3,821.59 $4,645.09 MONTHLY GENERAL 30141 ANIMAL CONTROL OFFICER II 424 $4,077.61 $4,956.53 MONTHLY GENERAL 30092 ANIMAL LICENSE INSPECTOR 370 $3,114.46 $3,786.12 MONTHLY GENERAL 20320 ANIMAL SERVICES MANAGER 526 $6,775.07 $8,235.73 M ONTHLY MIDDLE MANAGEMENT 30130 ANIMAL SERVICES REPRESENTATIVE 370 $3,114.46 $3,786.12 MONTHLY GENERAL 20319 ANIMAL SERVICES SUPERVISOR 478 $5,333.23 $6,482.71 MONTHLY MIDDLE MANAGEMENT 30119 ANIMAL SHELTER ATTENDANT 370 $3,114.46 $3,786.12 MONTHLY GENERAL 00300 APPRENTICE (PT) 381 $2,969.00 $3,608.00 MONTHLY NA 20620 AQUATICS SUPERVISOR 468 $5,073.00 $6,167.11 MONTHLY MIDDLE MANAGEMENT 30400 ARBORIST 452 $4,688.31 $5,699.13 MONTHLY GENERAL
30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,956.26 $7,239.73 MONTHLY GENERAL 10492 ASSISTANT BUILDING OFFICIAL 583 $8,806.47 $10,704.25 MONTHLY MANAGEMENT 30271 ASSISTANT BUYER 430 $4,201.75 $5,106.16 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $23,765.30 $23,765.30 MONTHLY POLICE MANAGEMENT 10644 ASSISTANT CITY MANAGER (U) 705 $16,184.19 $19,669.95 MONTHLY EXECUTIVE PENDING ASSISTANT LITERACY PROGRAM COORDINATOR 385 $3,029.00 $3,681.00 MONTHLY GENERAL 30168 ASSISTANT PLANNER (FLEX) 486 $5,555.04 $6,752.06 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U) 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 10104 ASSISTANT TO THE MAYOR I (U) 430 $4,106.44 $4,990.33 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U) 480 $5,268.72 $6,403.92 MONTHLY MANAGEMENT 10106 ASSISTANT TO THE MAYOR III (U) 530 $6,761.38 $8,218.29 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U) 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 515 $6,414.06 $7,796.09 MONTHLY MIDDLE MANAGEMENT 00194 BACKGROUND INVESTIGATOR (PT) 493 $5,190.00 $6,308.00 MONTHLY NA 10060 BUDGET DIVISION MANAGER (U) 608 $9,976.33 $12,126.50 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 581 $8,719.81 $10,598.09 MONTHLY MANAGEMENT City of San Bernardino
Salary Schedule
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8
EXHIBIT A
Packet Pg.
213
ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
20250 BUILDING INSPECTION SUPERVISOR 542 $7,338.73 $8,920.10 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX) 460 $4,878.95 $5,930.77 MONTHLY GENERAL 30073 BUILDING INSPECTOR II 487 $5,582.75 $6,785.31 MONTHLY GENERAL 30074 BUILDING INSPECTOR III 511 $6,292.09 $7,648.71 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U) 613 $10,228.72 $12,431.96 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 459 $4,854.57 $5,900.85 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,912.39 $8,401.84 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,976.75 $4,833.51 MONTHLY GENERAL 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,180.69 $5,080.67 MONTHLY GENERAL 20271 BUYER 460 $4,874.77 $5,925.69 MONTHLY MIDDLE MANAGEMENT 10870 CAPITAL IMPROVEMENT PROJECT MANAGER 591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT 30292 CEMETERY CARETAKER 395 $3,527.87 $4,288.20 MONTHLY GENERAL 10398 CHIEF DEPUTY CITY CLERK (U) 565 $8,050.39 $9,785.69 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE NA $28,565.57 $28,565.57 MONTHLY EXECUTIVE 10399 CITY CLERK (U) 636 $10,590.00 $12,873.00 MONTHLY NA 00601 CITY COUNCIL NA $3,125.00 $3,125.00 MONTHLY NA
10370 CITY MANAGER (U) NA $23,750.00 $23,750.00 MONTHLY MANAGEMENT 10495 CIVIL ENGINEERING DIVISION MANAGER (U) 620 $10,591.59 $12,873.91 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U) 563 $7,970.23 $9,688.20 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I (FLEX) 441 $4,437.83 $5,394.33 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 472 $5,180.42 $6,296.53 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,321.79 $6,468.91 MONTHLY CONFIDENTIAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,996.70 $4,857.89 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,549.77 $5,530.66 MONTHLY GENERAL 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,372.43 $5,314.53 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U) 600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $5,128.33 $6,234.46 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,869.18 $9,564.61 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,407.06 $4,141.90 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,605.65 $6,813.83 MONTHLY MIDDLE MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,827.15 $5,867.00 MONTHLY MIDDLE MANAGEMENT 30758 COMMUNITY SERVICES OFFICER 427 $4,138.57 $5,030.79 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,386.39 $6,546.94 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,372.43 $5,314.53 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 585 $9,093.96 $11,052.95 MONTHLY MIDDLE MANAGEMENT 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U) 506 $5,998.80 $7,291.06 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,617.65 $4,396.82 MONTHLY GENERAL 30603 CRIME ANALYST 493 $5,752.33 $6,991.46 MONTHLY GENERAL 00605 CRIME DATA TECHNICIAN (PT) 362 $2,700.00 $3,282.00 MONTHLY NA 20600 CRIME FREE PROGRAM COORDINATOR 490 $5,662.13 $6,882.49 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 493 $5,752.33 $6,991.46 MONTHLY GENERAL 00054 CUSTODIAL AIDE (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 20616 CUSTODIAL SUPERVISOR 477 $5,306.66 $6,449.49 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 368 $3,083.43 $3,748.43 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,373.81 $4,100.89 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8
Packet Pg.
214
ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 396 $3,545.61 $4,310.37 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) 396 $3,545.61 $4,310.37 MONTHLY GENERAL 30224 CUSTOMER SERVICE REPRESENTATIVE (U) 386 $3,373.81 $4,100.89 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,505.44 $5,476.35 MONTHLY GENERAL 10650 DEPUTY CITY CLERK I (U) 490 $5,538.44 $6,732.13 MONTHLY CONFIDENTIAL 10654 DEPUTY CITY CLERK II (U) 530 $6,761.38 $8,218.29 MONTHLY MANAGEMENT 10372 DEPUTY CITY MANAGER (U) 681 $14,357.90 $17,452.63 MONTHLY MANAGEMENT PENDING DEPUTY DIRECTOR OF ANIMAL SERVICES (U) 619 $10,538.52 $12,810.00 MONTHLY MANAGEMENT 10066 DEPUTY DIRECTOR OF FINANCE (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10610 DEPUTY DIRECTOR OF HUMAN RESOURCES (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10830 DEPUTY DIRECTOR OF OPERATIONS (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) 678 $14,144.51 $17,192.66 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U) 662 $13,060.22 $15,874.39 MONTHLY MANAGEMENT 10400 DEPUTY LIBRARY DIRECTOR (U) 575 $8,462.01 $10,286.13 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,746.90 $11,471.16 MONTHLY POLICE SAFETY 10685 DIRECTOR OF ANIMAL SERVICES (U) 630 $11,133.20 $13,532.50 MONTHLY EXECUTIVE 09520 DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE PENDING DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 09665 DIRECTOR OF HUMAN RESOURCES (U) 660 $12,930.24 $15,716.25 MONTHLY EXECUTIVE 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U) 660 $12,930.24 $15,716.25 MONTHLY EXECUTIVE 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) 662 $13,060.22 $15,874.39 MONTHLY EXECUTIVE 09753 DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $8,027.54 $9,757.29 MONTHLY MIDDLE MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U) 590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U) 600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,852.17 $9,544.13 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,821.15 $7,075.51 MONTHLY CONFIDENTIAL 30831 ELECTRICIAN I (FLEX) 445 $4,527.60 $5,502.95 MONTHLY GENERAL 30841 ELECTRICIAN II 465 $5,001.98 $6,080.40 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $8,050.39 $9,785.69 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX) 450 $4,641.76 $5,642.60 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $5,258.00 $6,391.85 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 511 $6,292.09 $7,648.71 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 532 $6,981.04 $8,486.00 MONTHLY MIDDLE MANAGEMENT 10180 ENGINEERING PROJECT MANAGER 590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,549.77 $5,530.66 MONTHLY GENERAL 10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,828.53 $8,300.61 MONTHLY MANAGEMENT 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,977.59 $6,050.47 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 560 $8,027.54 $9,757.29 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,675.38 $9,329.84 MONTHLY MIDDLE MANAGEMENT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,675.40 $8,113.91 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX) 431 $4,221.70 $5,131.65 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8
Packet Pg.
215
ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
30902 EQUIPMENT MECHANIC II 450 $4,641.76 $5,642.60 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 408 $3,765.06 $4,576.37 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $4,201.75 $5,106.16 MONTHLY GENERAL 10707 EXECUTIVE ASSISTANT (U) 430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U) 464 $4,864.68 $5,913.23 MONTHLY CONFIDENTIAL 10978 EXECUTIVE ASSISTANT TO MAYOR (U) 502 $5,879.65 $7,147.00 MONTHLY CONFIDENTIAL 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 502 $5,879.65 $7,147.00 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U) 550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) 591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,996.70 $4,857.89 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,414.06 $7,796.09 MONTHLY MIDDLE MANAGEMENT 10512 FINANCIAL ANALYST 532 $6,828.53 $8,300.61 MONTHLY MANAGEMENT 30506 FLEET PARTS STOREKEEPER 398 $3,581.07 $4,353.59 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 438 $4,372.43 $5,314.53 MONTHLY GENERAL 00259 FOOD SERVICE PROGRAM SPECIALIST (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 20060 FOOD SERVICE SUPERVISOR 478 $5,333.23 $6,482.71 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX) 448 $4,596.32 $5,586.08 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 478 $5,337.81 $6,488.27 MONTHLY GENERAL 20160 FORENSICS SUPERVISOR 543 $7,375.28 $8,964.40 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $7,338.73 $8,920.10 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,676.49 $10,546.10 MONTHLY CONFIDENTIAL 10623 GIS ANALYST 483 $5,347.79 $6,500.32 MONTHLY CONFIDENTIAL 10730 GRANT DIVISION MANAGER (U) 601 $9,634.04 $11,710.55 MONTHLY MANAGEMENT 10778 GRANT WRITER 506 $5,998.80 $7,291.06 MONTHLY CONFIDENTIAL 30133 GRANTS ANALYST 476 $5,284.61 $6,423.99 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,441.42 $4,182.91 MONTHLY GENERAL 20100 GRANTS MANAGER (U) 506 $6,132.78 $7,453.90 MONTHLY MIDDLE MANAGEMENT 30098 GROUNDWORKER ARBORIST 392 $3,475.78 $4,225.02 MONTHLY GENERAL 30516 HAZMAT TECHNICIAN 452 $4,688.31 $5,699.13 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,821.15 $7,075.51 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U) 601 $9,634.04 $11,710.55 MONTHLY MANAGEMENT 10657 HUMAN RESOURCES ANALYST 518 $6,368.17 $7,740.59 MONTHLY CONFIDENTIAL 10683 HUMAN RESOURCES ANALYST I 500 $5,821.15 $7,075.51 MONTHLY CONFIDENTIAL 10684 HUMAN RESOURCES ANALYST II 518 $6,368.17 $7,740.59 MONTHLY CONFIDENTIAL 10682 HUMAN RESOURCES ANALYST TRAINEE 476 $5,164.73 $6,278.27 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U) 590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,538.44 $6,732.13 MONTHLY CONFIDENTIAL 30207 HUMAN RESOURCES TECHNICIAN 418 $3,956.80 $4,810.23 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,878.95 $5,930.77 MONTHLY GENERAL 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX) 498 $5,763.74 $7,006.18 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,432.08 $7,818.59 MONTHLY CONFIDENTIAL 10637 INFORMATION TECHNOLOGY MANAGER 599 $9,538.72 $11,593.56 MONTHLY MANAGEMENT 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8
Packet Pg.
216
ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) 430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) 447 $4,573.05 $5,558.37 MONTHLY GENERAL 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $5,052.96 $6,141.36 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $34.77 $34.77 HOURLY NA 30113 LEAD ANIMAL CONTROL OFFICER 437 $4,350.27 $5,287.93 MONTHLY GENERAL 30080 LEAD BUILDING INSPECTOR 526 $6,780.88 $8,242.79 MONTHLY GENERAL 30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,897.52 $7,168.80 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,563.34 $4,331.43 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $5,128.33 $6,234.46 MONTHLY GENERAL 20170 LEAD FORENSICS SPECIALIST 516 $6,446.17 $7,834.85 MONTHLY MIDDLE MANAGEMENT 30490 LEAD MAINTENANCE WORKER 452 $4,688.31 $5,699.13 MONTHLY GENERAL 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,154.93 $6,265.49 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U) 497 $5,734.50 $6,970.44 MONTHLY CONFIDENTIAL PENDING LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U) 593 $9,257.08 $11,252.35 MONTHLY MANAGEMENT 30335 LIBRARIAN I (FLEX) 450 $4,641.76 $5,642.60 MONTHLY GENERAL 30366 LIBRARIAN II 479 $5,364.41 $6,520.41 MONTHLY GENERAL 30341 LIBRARY ASSISTANT 370 $3,114.46 $3,786.12 MONTHLY GENERAL 20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,874.77 $5,925.69 MONTHLY MIDDLE MANAGEMENT 10401 LIBRARY DIRECTOR (U) 635 $11,414.83 $13,873.71 MONTHLY MANAGEMENT 20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,718.61 $6,951.14 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $4,036.60 $4,906.66 MONTHLY GENERAL 00361 LIBRARY PAGE (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 20387 LIBRARY PROGRAM COORDINATOR 450 $4,637.79 $5,637.77 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX) 380 $3,274.06 $3,980.08 MONTHLY GENERAL 30392 LIBRARY TECHNICIAN II 402 $3,653.12 $4,441.15 MONTHLY GENERAL 00133 LIFEGUARD (PT) 370 $2,810.00 $3,416.00 MONTHLY NA 30215 LITERACY PROGRAM COORDINATOR 470 $5,128.33 $6,234.46 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,642.18 $8,072.94 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX) 393 $3,493.51 $4,246.08 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 415 $3,898.06 $4,738.19 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 425 $4,097.56 $4,980.92 MONTHLY GENERAL 10530 MANAGEMENT ANALYST I (FLEX) 476 $5,164.73 $6,278.27 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U) 476 $5,164.73 $6,278.27 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,998.80 $7,291.06 MONTHLY MANAGEMENT 10533 MANAGEMENT ANALYST II (U) 506 $5,998.80 $7,291.06 MONTHLY MANAGEMENT 10516 MARKETING & MEDIA SPECIALIST 476 $5,164.73 $6,278.27 MONTHLY CONFIDENTIAL 30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,903.33 $5,960.70 MONTHLY GENERAL 00502 MAYOR NA $4,166.67 $4,166.67 MONTHLY NA
10503 MAYOR'S CHIEF OF STAFF (U) 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U) 561 $7,891.16 $9,591.80 MONTHLY MANAGEMENT 10528 NETWORK SYSTEMS ADMINISTRATOR 566 $8,090.47 $9,834.43 MONTHLY CONFIDENTIAL 30425 NPDES INSPECTOR I (FLEX) 461 $4,903.33 $5,960.70 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,527.33 $6,718.81 MONTHLY GENERAL 20555 NPDES MANAGER 525 $6,741.85 $8,194.75 MONTHLY MIDDLE MANAGEMENT PENDING OMBUDSPERSON 518 $6,368.17 $7,740.59 MONTHLY CONFIDENTIAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8
Packet Pg.
217
ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U) 591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT PENDING PARK RANGER 397 $3,563.34 $4,331.43 MONTHLY GENERAL PENDING PARK RANGER SUPERVISOR 480 $5,386.39 $6,546.94 MONTHLY MIDDLE MANAGEMENT 30581 PARKING ENFORCEMENT OFFICER 380 $3,274.06 $3,980.08 MONTHLY GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $7,050.81 $8,571.27 MONTHLY MIDDLE MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX) 390 $3,441.42 $4,182.91 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $4,016.65 $4,882.27 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,464.58 $7,857.58 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 20400 PERMIT SERVICES SUPERVISOR 494 $5,776.19 $7,020.91 MONTHLY MIDDLE MANAGEMENT 30691 PLANNING AIDE 456 $4,782.52 $5,813.29 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U) 594 $9,303.66 $11,308.68 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX) 499 $5,927.45 $7,204.26 MONTHLY GENERAL 30682 PLANS EXAMINER II 534 $7,056.85 $8,578.62 MONTHLY GENERAL 30481 PLUMBER 450 $4,641.76 $5,642.60 MONTHLY GENERAL
00192 POLICE CADET (PT) NA $15.50 $17.00 HOURLY NA
00520 POLICE CALL TAKER (PT) 396 $19.85 $24.14 HOURLY NA 50283 POLICE CAPTAIN P5 $19,412.09 $19,412.09 MONTHLY POLICE MANAGEMENT 20775 POLICE DISPATCH MANAGER 528 $6,843.73 $8,318.78 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 498 $5,892.47 $7,162.66 MONTHLY MIDDLE MANAGEMENT 32767 POLICE DISPATCHER I (FLEX) 425 $4,146.40 $5,040.29 MONTHLY POLICE DISPATCHER 32768 POLICE DISPATCHER II 456 $4,839.53 $5,882.58 MONTHLY POLICE DISPATCHER 30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,581.07 $4,353.59 MONTHLY GENERAL 50402 POLICE LIEUTENANT P4 $16,494.29 $16,494.29 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $7,532.62 $10,059.74 MONTHLY POLICE SAFETY 30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 461 $4,903.33 $5,960.70 MONTHLY GENERAL 20765 POLICE RECORDS SUPERVISOR 464 $4,973.33 $6,045.29 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX) 369 $3,098.94 $3,767.28 MONTHLY GENERAL 30220 POLICE RECORDS TECHNICIAN II 390 $3,441.42 $4,182.91 MONTHLY GENERAL 40332 POLICE SERGEANT P3 $9,898.35 $12,962.73 MONTHLY POLICE SAFETY 30585 POOL MAINTENANCE COORDINATOR 421 $4,016.65 $4,882.27 MONTHLY GENERAL 00331 POOL MANAGER I (PT) 421 $3,624.00 $4,405.00 MONTHLY NA 00333 POOL MANAGER II (PT) 443 $4,044.00 $4,916.00 MONTHLY NA 20019 PRINCIPAL ACCOUNTANT 550 $7,636.62 $9,283.33 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,575.74 $7,993.21 MONTHLY MIDDLE MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 400 $3,264.00 $3,967.00 MONTHLY NA 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) 550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT 20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,776.19 $7,020.91 MONTHLY MIDDLE MANAGEMENT 30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) 411 $3,821.59 $4,645.09 MONTHLY GENERAL 30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $5,180.42 $6,296.53 MONTHLY GENERAL 10212 PUBLIC INFORMATION OFFICER (U) 593 $9,257.08 $11,252.35 MONTHLY MANAGEMENT 30580 PUBLIC WORKS INSPECTOR I (FLEX) 476 $5,284.61 $6,423.99 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8
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ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
30583 PUBLIC WORKS INSPECTOR II 499 $5,927.45 $7,204.26 MONTHLY GENERAL 30584 PUBLIC WORKS INSPECTOR III 529 $6,883.95 $8,366.92 MONTHLY GENERAL 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $6,119.03 $7,438.38 MONTHLY MANAGEMENT 10863 PURCHASING DIVISION MANAGER (U) 598 $9,491.06 $11,536.15 MONTHLY MANAGEMENT 30770 RANGEMASTER 465 $5,001.98 $6,080.40 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U) 460 $4,768.28 $5,796.24 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 00244 RECREATION LEADER (PT) 368 $2,782.00 $3,382.00 MONTHLY NA 00230 RECREATION SPECIALIST (PT) 393 $3,152.00 $3,831.00 MONTHLY NA 00256 RECREATION SUPERVISOR (AQUATICS) (PT) 481 $4,888.00 $5,942.00 MONTHLY NA 30825 RECREATION THERAPIST 468 $5,077.34 $6,172.39 MONTHLY GENERAL 30115 REGISTERED VETERINARY TECHNICIAN 450 $4,641.76 $5,642.60 MONTHLY GENERAL 10690 RISK DIVISION MANAGER (U) 590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 10538 SAFETY OFFICER 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL 00266 SECURITY OFFICER I (PT) 371 $2,824.00 $3,433.00 MONTHLY NA 00265 SECURITY OFFICER II (PT) 395 $3,183.00 $3,869.00 MONTHLY NA 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,996.70 $4,857.89 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,441.42 $4,182.91 MONTHLY GENERAL 30410 SENIOR ARBORIST 502 $6,016.12 $7,312.88 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 581 $8,719.81 $10,598.09 MONTHLY MANAGEMENT 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,307.04 $5,235.84 MONTHLY GENERAL 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 445 $4,527.60 $5,502.95 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U) 445 $4,527.60 $5,502.95 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) 435 $4,209.34 $5,117.07 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,792.11 $5,825.49 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,582.45 $9,217.01 MONTHLY CONFIDENTIAL 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 488 $5,483.19 $6,664.97 MONTHLY CONFIDENTIAL 00283 SENIOR LIFEGUARD (PT) 396 $3,199.00 $3,889.00 MONTHLY NA 10513 SENIOR MANAGEMENT ANALYST 556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT 10514 SENIOR MANAGEMENT ANALYST (U) 556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $9,211.59 $11,196.02 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 375 $3,193.15 $3,881.44 MONTHLY GENERAL 10223 SENIOR OFFICE ASSISTANT (U) 375 $3,120.72 $3,793.39 MONTHLY CONFIDENTIAL 20243 SENIOR PLANNER 549 $7,598.97 $9,236.82 MONTHLY MIDDLE MANAGEMENT 00294 SENIOR RECREATION LEADER (PT) 375 $2,881.00 $3,502.00 MONTHLY NA 10300 SHELTER VETERINARIAN 644 $11,938.02 $14,511.72 MONTHLY MANAGEMENT 30978 SOLID WASTE FIELD INSPECTOR 450 $4,641.76 $5,642.60 MONTHLY GENERAL 20995 STATION MANAGER 490 $5,662.13 $6,882.49 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 10689 SUPERVISING HUMAN RESOURCES ANALYST 559 $7,813.17 $9,496.47 MONTHLY CONFIDENTIAL 20336 TECHNOLOGY LIBRARIAN 502 $6,010.96 $7,306.62 MONTHLY MIDDLE MANAGEMENT 10443 TRAFFIC ENGINEER 573 $8,378.60 $10,184.31 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,981.04 $8,486.00 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8
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ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,714.14 $9,376.35 MONTHLY MIDDLE MANAGEMENT 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $7,016.48 $8,528.08 MONTHLY MIDDLE MANAGEMENT 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX) 450 $4,641.76 $5,642.60 MONTHLY GENERAL 30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,499.62 $6,684.45 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,355.27 $7,725.19 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,599.92 $4,374.65 MONTHLY GENERAL 10740 TREASURY MANAGER 598 $9,491.06 $11,536.15 MONTHLY MANAGEMENT 20666 TREASURY SUPERVISOR 502 $6,010.96 $7,306.62 MONTHLY MIDDLE MANAGEMENT PENDING VETERINARY ASSISTANT 400 $3,617.65 $4,414.22 MONTHLY GENERAL 30620 VOLUNTEER COORDINATOR 358 $2,933.80 $3,565.56 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,927.72 $5,990.62 MONTHLY GENERAL REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 6/21/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/16/23 REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 10/4/23 REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 8/4/21
REVISION ADOPTED BY MCC 9/15/21
REVISION ADOPTED BY MCC 10/20/21
REVISION ADOPTED BY MCC 11/3/21
REVISION ADOPTED BY MCC 2/2/22
REVISION ADOPTED BY MCC 2/16/22
REVISION ADOPTED BY MCC 3/16/22
REVISION ADOPTED BY MCC 4/6/22
REVISION ADOPTED BY MCC 5/18/22
REVISION ADOPTED BY MCC 6/15/22
(U) DENOTES UNCLASSIFIED
* Part-time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2023/2024 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8
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CITY OF SAN BERNARDINO POLICE DEPARTMENT
F
irst 6 Following Third Fourth Fifth & Sub-
JOB Months 18 Months Year Year sequent Yrs
TITLE Service Service Service Service Service
Monthly Pay Rates Effective July 1, 2023:
P
olice Officer $ 7,532.62 $ 8,164.13 $8, 796.73 $ 9,428.23 $ 10,059.74 P-1
D
etective/Corporal $ 8,746.90 $ 9,428.23 $ 10,109.56 $10,789.83 $11,471.16 P-2
S
ergeant $ 9,898.35 $ 10,664.17 $ 11,430.00 $12,196.91 $12,962.73 P-3
Li
eutenant -- -- -- -- $16,494.29
P-4
C
aptain -- -- -- -- $19,412.09
P-5
A
ssistant Chief -- -- -- -- $23,765.30
P-6
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Agency DirectorsRe-title Agency Directors:Agency Director of Community, Housing and Economic Development• Director of Economic Development • Director of Community Development & HousingAgency Director of Public Works, Operations and Maintenance• Director of Public Works, Operations and MaintenanceAgency Director of Administrative Services• Director of Finance and Management Services•No longer directing Administrative Services (HR and IT) Proposed Changes – City Structure
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Darren Goodman, Chief of Police
Department: Police
Subject: Execution of a five-year agreement between the County of San Bernardino and the City of San
Bernardino for Police Department access to the
County Radio Communication System (All Wards)
Recommendation:
It is recommended that the Mayor and city Council of the City of San Berardino, California, adopt Resolution No. 2023-158 authorizing the City Manager to
1. Execute a five-year agreement between the City of San Bernardino and the County of San Bernardino, for Police Department access to the County’s digital radio communication system, and
2. Authorize the Director of Administrative Services to issue an annual purchase order to the County of San Bernardino for radio services, not to exceed $2,343,228 over the duration of the agreement.
Executive Summary
The Police Department is seeking to enter into a new five-year agreement for access to the San Bernardino County digital radio system to support daily law enforcement operations. There is no existing alternative radio system available to the Police Department for use, necessitating a continuing contractual relationship with San Bernardino County to provide radio services.
Radio services are an operational cost that is included each year within the Police Department’s annual budget, and this year’s costs have already been provided for in the FY2023/24 Adopted Budget. The new contract will cost $439,884 for the first year and the expense falls within the existing budget allocation for radio-related expenses.
Background
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Public safety agencies, including the San Bernardino Police Department, are heavily reliant on radio communications for their day-to-day operations. The County of San Bernardino operates a digital radio communication system that covers the entirety of San Bernardino County.
The radio system provided by the County is encrypted and serves as the primary radio communications service for the major public safety agencies within the County of San Bernardino. This system allows subscribers to have consistent communication both within their own agencies and with other subscribers to the radio system, particularly during incidents involving multi-agency responses.
The San Bernardino Police Department became a subscriber to the County’s digital radio system in 2017 after the Department’s independently operated radio communications platform became obsolete and could no longer be maintained. Since that time, San Bernardino County has provided radio communication services to the San Bernardino Police Department. Radio services are an ongoing operating expense for the Police Department and are provided for each year as part of the Police Department’s budget.
Discussion
The San Bernardino County Innovation and Technology Division coordinates contract agreements for subscription services to the County’s digital radio communications system. The previous agreement, signed in 2017, between the County and the City of San Bernardino has expired, requiring the establishment of a new agreement for radio services. The agreement with the County offers access to the County’s established backbone system of repeaters and equipment that are necessary for the proper operation of dispatch and field equipment such as dispatch consoles, vehicle-mounted radios, handheld radios, and mobile data access modems. Although the County owns the backbone equipment, the Police Department purchases and owns the dispatch consoles and field equipment that function through access to the backbone system.
Additional services covered by the agreement include replacement, maintenance, and access for dispatch consoles, pager access, radio access and maintenance, radio labor services, and radio mobile data access.
The costs for radio services provided by the County are based on hourly rates for labor- related activities and monthly access rates for devices connected to the radio network.
The table below lists the rates by hour or month for connection services and/or labor for 2023.
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TABLE A: 2023 COSTS
Service Cost
Dispatch Console Access, Maintenance,
and Replacement
$693.48 per console/month
Pager Access $16.22 per pager/month
Radio Access and Maintenance $53.58 per radio/month
Radio Labor Services $88.97 per hour
Radio Mobile Data Access $103.58 per modem/month
Based on the current active radios, dispatch consoles, and pagers, the cost for Police Department radio services for the first year of the agreement is expected to be $36,657 monthly and $439,884 for the year. Future costs for radio services are contingent upon active radios, dispatch consoles, and pagers for the Police Department in the system.
Considering historical cost increases for radio services and anticipating modest staff growth within the Police Department during the duration of the agreement, staff has projected future costs related to the agreement.
TABLE B: COSTS BY YEAR
Year Year 2 Year 3 Year 4 Year 5 Total Cost
$439,884 $454,464 $468,492 $482,928 $497,460 $2,343,228
In addition to radio communications, the agreement with the County also includes the coverage of Wide Area Network (WAN) services. WAN connectivity allows the Police Department to connect to the County’s telecommunications network for the purpose of accessing computer information systems managed by the County that are necessary for Police Department operations and authorized for use by the County. WAN services will include set up, network access, and monitoring for cyber threats or system intrusions.
The services included within the agreement are necessary components of successful Police Department operations. Since there is no alternative radio system available for use by the Police Department, staff is recommending entering into a new five-year agreement with the County of San Bernardino to provide digital radio system and WAN access.
2021-2025 Strategic Targets and Goals
The request to enter into a new agreement with San Bernardino County for radio services aligns with Goal No. 3. Improved Quality of Life; Constantly evaluate public safety service delivery models to enhance the quality of service.
Fiscal Impact
There is no fiscal impact to the FY2023/24 Adopted Budget. The current Adopted Budget allocated $440,000 for Police Department radio services, and projected expenditures for radio services under the new contract fall within the existing budget amount to $439,884.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Berardino, California, adopt Resolution No. 2023-158 authorizing the City Manager to
1. Execute a five-year agreement between the City of San Bernardino and the County of San Bernardino, for Police Department access to the County’s digital radio communication system, and
2.Authorize the Director of Administrative Services to issue an annual purchase order to the County of San Bernardino for radio services, not to exceed $2,343,228 over the duration of the agreement.
Attachments
Attachment 1 Resolution No. 2023-158
Attachment 2 Information Technology Service Contract
Ward:
All Wards
Synopsis of Previous Council Actions:
October 18, 2017 Mayor and City Council adopted Resolution No. 2017-198, authorizing an agreement with San Bernardino County for radio system access.
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Resolution No. 2023-158
Resolution 2023-158
October 18, 2023
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RESOLUTION NO. 2023-158
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
FIVE-YEAR AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE COUNTY OF SAN BERNARDINO
FOR POLICE DEPARTMENT ACCESS TO THE COUNTY’S
DIGITAL RADIO COMMUNICATION SYSTEM, AND
AUTHORIZING THE AGENCY DIRECTOR OF
ADMINISTRATIVE SERVICES TO ISSUE AN ANNUAL
PURCHASE ORDER TO THE COUNTY OF SAN
BERNARDINO FOR RADIO SERVICES, NOT TO EXCEED
$2,343,228 OVER THE DURATION OF THE AGREEMENT.
WHEREAS, the City of San Bernardino Police Department requires radio communication capabilities for operations; and
WHEREAS, the County of San Bernardino has provided access to the County’s digital radio system to the City of San Bernardino through a five-year contractual agreement that became effective in 2017; and
WHEREAS, the previous agreement has expired, requiring the establishment of a new agreement between the City of San Bernardino and County of San Bernardino for Police Department access to the County’s digital radio system.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Manager is authorized to execute a five-year agreement with the County of San Bernardino for Police Department access to the County’s digital radio system.
SECTION 3. The Agency Director of Administrative Services is authorized to issue a purchase order to the County of San Bernardino
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
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Resolution No. 2023-158
Resolution 2023-158
October 18, 2023
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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 18th day of Ocotber 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. 2023-158
Resolution 2023-158
October 18, 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. 2023-158, adopted at a regular meeting held on the 18 th day of October 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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Standard Contract Page 1 of 15
CITY THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Innovation and Technology Department
Department Contract Representative Staci McClane
Telephone Number 909-388-0622
Customer City of San Bernardino Police
Department (6000-00ES/6000-
00FB)
Customer Representative Captain Adam Affrunti
Telephone Number 909-384-5690
Contract Term 5/1/2023 – 4/30/2028
Original Contract Amount Based on Actual Usage
Amendment Amount N/A
Total Contract Amount Based on Actual Usage
Cost Center Varies
INFORMATION TECHNOLOGY SERVICE REVENUE CONTRACT
This CONTRACT is entered into in the State of California by and between San Bernardino County, hereinafter called, “County”, and City of San Bernardino Police Department, hereinafter called “Customer”.
Name
City of San Bernardino Police Department
Address
710 North D Street
San Bernardino, CA 92401
Telephone
(909) 384 - 5690
Federal ID No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
Contract Number
ITD-23015
SAP Number
N/A
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Revised 1/10/23 Page 2 of 8
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A. CONTRACTED SERVICES (Select all that apply):
General ITD Services (Attachment A)
Defined as all services contained in Attachment A “ITD Rate Sheet – External Customers” with exception to Public Safety Communication Services.
Public Safety Communications Services (Attachment B)
Defined under Public Safety Communication Services in Attachment B “ITD Rate Sheet – External Customers”.
Wide Area Network (WAN) Services (Attachment C)
Defined in Attachment C “Wide Area Network Services”. County and Customer agree that the existing Contract (County No. ISD-19026) executed between the parties and effective from August 1, 2019, for a period of five (5) years is terminated effective upon execution of this Contract.
B. PROVISION OF SERVICES
This is the County standard revenue contract to provide information technology services, hereinafter, “Services,” to Customer by the County Innovation and Technology Department, hereinafter, “ITD”.
Customer understands that County may elect to have other vendors provide similar professional services under other contracts.
All Services available under this Contract are listed in full in the Attachments and are detailed by Service name, Service description, rate, and charge measurement as applicable and as identified in the Attachments.
Services are initiated at Customer’s request, subject to ITD’s acceptance, and consist of the following types of charges, as further set forth in the Attachments:
B.1Per item; one-time charge as requested.
B.2Per month; per unit charge ongoing until Customer submits a request to cancel.
B.3Per hour; per work order, project, or quote.
C. CUSTOMER RESPONSIBILITIES
Customer will:
C.1Determine the Services needed, including any adjustments to ongoing Services.
C.2Initiate or cancel any Services via submission of a Help Desk Ticket. Contact County Help Desk by calling: 909-884-4884 or [email protected] (email for non-urgent requests only).
C.3Promptly inform County, in writing, of any pending changes in programs/funding applicable to Services provided herein.
D. COUNTY RESPONSIBILITIES
County will:
D.1Provide the Services requested by Customer, subject to ITD’s approval, and in accordance with established work schedules and County Board of Supervisor (Board) approved service rates in effect at the time Service is provided.
D.2Perform the Services in a workmanlike manner, but County assumes no liability for failure to provide or delay in providing Services under this Contract.
D.3Furnish the necessary equipment and personnel to perform the Services, but County assumes no liability for equipment failure or adverse consequences cause by such failed equipment.
E. GENERAL CONTRACT REQUIREMENTS
E.1 Contract Amendments
Both parties agree that any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Customer and County.
E.2 Contract Assignability
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Without the prior written consent of the County, the Contract is not assignable by Customer either in whole or in part.
E.3 Permits
Customer is responsible for obtaining and paying any costs of all permits, licenses or approvals by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate.
E.4 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
E.5 Change of Address
Customer shall notify the County, in writing, of any change in mailing address within ten (10) business days of the change.
E.6 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
E.7 Confidentiality
To the extent applicable, if Customer is a business that collects the personal information of a consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code §§1798.100, et seq.).
For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meanings as set forth at Civil Code section 1798.140. Customer must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Customer must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Customer must immediately provide to the County any notice provided by a consumer to Customer pursuant to Civil Code section 1798.150(b) alleging a violation of the CCPA, that involves personal information received or maintained pursuant to this Contract. Customer must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code section 1798.155(b).
Customer shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Customer or an agent of Customer or otherwise made available to Customer or Customer’s agent in connection with this Contract; or, (2) information and/or data acquired, obtained, or learned by Customer or an agent of Customer regarding this Contract.
For the purposes of this provision and consistent with California Civil Code Section 1798.29, PII, is any information that can be used to distinguish or trace an individual’s identity, for example, any combination of name, social security number, date and place of birth, mother’s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information.
E.8 Primary Point of Contact
Customer will designate an individual to serve as the primary point of contact for the Contract.
Customer shall not change the primary contact without prior written notice to the County.
Customer will also designate a back-up point of contact in the event the primary contact is not available.
E.9 Contract Authorization
Customer warrants and represents that the individual signing this Contract is a properly authorized representative of the Customer and has the full power and authority to enter into this Contract on the Customer’s behalf.
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E.10 County Representative
The County Chief Information Officer or his/her designee shall represent the County in all matters pertaining to the Services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by County.
E.11 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is made in violation of the provisions of this Contract.
E.12 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
E.13 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.
E.14 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the parties hereto, nor shall either party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.
E.15 Release of Information
No news releases, advertisements, public announcements, or photographs arising out of the performance of the Contract or Customer’s relationship with County may be made or used without prior written approval of the County, as applicable.
E.16 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.
E.17 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Services provided under this Contract is served upon Customer or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Customer and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed.
E.18 Termination for Convenience
The County and the Customer each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the Services provided hereunder. Upon such termination, payment will be made to the County for Services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice County shall promptly discontinue Services unless the notice directs otherwise.
E.19 Contract Exclusivity
This is not an exclusive Contract. Customer reserves the right to enter into a contract with other contractors for the same or similar services. The Customer does not guarantee or represent that
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the County will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.
E.20 Information Dispute Resolution
In the event the Customer determines that Service in unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.
To this effect, they shall consult and negotiate with each other in good faith, and recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
E.21 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, and San Bernardino District.
F. TERM OF CONTRACT
This Contract is effective as of May 1, 2023 (Effective Date) and remains in effect for a period of five (5) years, unless terminated earlier in accordance with provisions of this Contract.
G. TERMINATION OR SUSPENSION OF SERVICES
G.1Immediate Suspension, Uncured Termination
The County may, in its sole discretion and without prior notice, immediately suspend all or part of the Services for breach of any of the conditions identified below. The County will provide Customer a written notice of breach and allow the Customer 30 days to correct the condition giving rise to such breach. If the Customer fails to remedy the breach within the 30-day cure period, the County may immediately terminate the Services with no further notice required.
G.1.1Customer shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract. Customer shall ensure that it has all necessary licenses and permits required by the laws of the United States, State of California, County, and all other appropriate governmental agencies, and agrees to maintain these licenses and permits in effect for the duration of the Agreement. Customer shall notify County immediately of loss or suspension of any such required licenses and permits.
G.1.2Customer represents and warrants to County that (i) the information Customer provides in connection with registration for the Services is accurate and complete; (ii) Customer’s use of the System is not illegal, defamatory, malicious, harmful, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) Customer’s use of the Services complies with all applicable laws, rules and regulations; (iv) Customer has obtained all consents and licenses required to legally access and use the System; (v) the execution and delivery of this Agreement will not conflict with, or violate any provision of, Customer’s charter, by-laws or other governing documents; and (vi) Customer has otherwise taken all necessary steps to legally execute this Agreement.
G.1.3Customer agrees to abide by all existing and future security practices, policies and protocols established by the County, which the County has established to ensure the integrity of the System. Customer understands that the County closely monitors the System and may perform periodic security audits to provide insight into any potential abnormalities that may impact ensuring confidentiality, integrity, and availability.
G.1.4Customer agrees to implement measures that are reasonable for Customer’s use of the System to prevent interference with the operation of the System. NEITHER COUNTY
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NOR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SERVICE
SUPPLIERS OR LICENSORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO, MISUSE OF, CUSTOMER’S INABILITY TO ACCESS, OR DAMAGE TO THE SYSTEM OR CUSTOMER’S FIELD EQUIPMENT, EXCEPT TO THE EXTENT CAUSED BY COUNTY’S NEGLIGENCE OR INTENTIONAL MISCONDUCT, UNLESS AND ONLY TO THE EXTENT THAT THIS DISCLAIMER IS PROHIBITED BY APPLICABLE LAW.
G.2Immediate Termination
The County may, in its sole discretion and without prior notice, immediately suspend or terminate all or part of the Services for any of the conditions identified below. The County will promptly provide Customer a written notice of termination or suspension of Services to Customer.
G.2.1County discovers that Customer provided false registration information, or that Customer lacked the capacity to enter into this Agreement at the time of its consummation; G.2.2County determines, in its sole discretion, that Customer’s use of the Services poses a threat or an adverse effect to the security, privacy, or performance of the System or to any of County’s other users or suppliers;
G.2.3County determines, in its sole discretion, that Customer’s use of the Services is illegal; G.2.4County reasonably believes that Customer’s use of the Services has or will subject County to civil or criminal liability;
G.2.5Customer fails to make any payment when due; or
G.2.6Customer breaches any of the other material terms and conditions in this Agreement.
H. FISCAL PROVISIONS
H.1There is no minimum or maximum amount of payment under this Contract.
H.2Services are charged equitably to all customers in accordance with State Controller's Handbook of Cost Plan Procedures for California Counties.
H.3Charges will be based on actual usage at the rates effective at the time Services are rendered (see Attachment A “ITD Rate Sheet – External Customers” and Attachment C “Wide Area Network Services”, if applicable). Rates are reviewed and subject to change annually based on the cost to provide services to Customers and are effective July 1 st of each year. Rates are also subject to change throughout the year via a mid-year rate change, if deemed appropriate based on the cost to provide services to Customers being significantly higher or lower than anticipated during the annual review. County will not amend this Contract due to rate changes or changes in usage amounts by Customer. Attachment A includes the list of County service rates effective at the time this Contract is entered into. County will attempt to provide at least thirty (30) days advance written notice of any rate change, which will be sent to Customer at the following address:
City of San Bernardino Police Department
ATTN: Contracts Management and Accounts Payable
710 North D Street
San Bernardino, CA 92401
H.4Services will be billed on a monthly basis for actual expenses incurred and claimed by ITD for the preceding month.
H.4.1For Customers that use the County’s Enterprise Financial Management System:
Monthly charges will be handled by an automated transfer processed by ITD via the County’s Enterprise Financial Management System. A copy of the billing statement can be accessed via the ITD Billing System by Customer, provided that Customer has the necessary permission on the County’s network.
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H.4.2For Customers that do not use the County’s Enterprise Finance Management System:
County will mail an invoice on a monthly basis starting on the Effective Date of this Contract, or starting on the installation or implementation date, if applicable. Payment shall be due sixty (60) days from date of invoice.
Payment can be made by check or electronic funds transfer (EFT). Checks shall be made payable to San Bernardino County. Customers requesting to make payments to County via electronic funds transfer (EFT) directly deposited into the County’s designated bank account shall provide County with instructions to process EFT payments.
Payment address is:
Innovation and Technology Department
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915
Attn: Administration Services
I. DEFAULT
If the Customer does not make timely payment of amounts due under this Contract or breaches any term or condition of this Contract, County may declare immediately due and payable the entire unpaid amount, plus all other amounts due hereunder, less any unearned charges.
J. INDEMNIFICATION
The County agrees to defend and indemnify the Customer and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising solely out of the acts, errors or omissions of County in the performance of this Agreement, except where such indemnification is prohibited by law. At its sole discretion, Customer may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve County of any obligation imposed by this Contract. Customer shall notify County promptly of any claim, action or proceeding and cooperate fully in the defense. Customer hereby agrees to defend and indemnify the County, its agents, officers and employees from any claim, action, or proceeding against County, arising solely out of the acts or omissions of Customer in the performance of this Agreement. At its sole discretion, County may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve Customer of any obligation imposed by this Contract.
County shall notify Customer promptly of any claim, action or proceeding and cooperate fully in the defense. In the event that County and/or Customer are determined to be comparatively at fault for any claim, action, loss or damage that results from their respective obligations under this Agreement, County and/or Customer shall indemnify the other to the extent of its comparative fault.
K. INSURANCE
County is an authorized self-insured public entity for purposes of General Liability and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.
L. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
Innovation and Technology Department
City of San Bernardino Police Department
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915
710 North D Street
San Bernardino, CA 92401
Attn: Administration Services Attn: Captain Affrunti
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
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M. FORCE MAJEURE
Except for payment obligations and as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party. County shall not be held liable for any delay or failure in performance of any part of this Contract from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, strikes, labor disputes, embargoes, epidemics, war, terrorist acts, riots, insurrections, fire, explosions, earthquakes, nuclear accidents, floods, power blackouts, brownouts, or surges, volcanic action, other major environmental disturbances, unusually severe weather conditions, inability to secure product or services of other persons or transportation facilities, or acts or omissions of transportation common carriers.
N. ENTIRE AGREEMENT
This Contract, including all Attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will. This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
IN WITNESS WHEREOF, San Bernardino County and Customer have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.
FOR COUNTY USE ONLY
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO POLICE
DEPARTMENT
(Print or type name of Customer)
By
Chief Information Officer (Authorized signature - sign in blue ink) Dated: ____________________ Name
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:
Address 710 North D. Street
San Bernardino, CA 92401
Approved as to Legal Form
County Counsel
Date
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ATTACHMENT A
ITD RATE SHEET – EXTERNAL CUSTOMERS
2023-24 Approved Rates
Service Service Description
Business Solutions Development
Business Solutions Labor
Services
Hourly labor programming services for the development, enhancement and maintenance of business solutions on a variety of hardware and software platforms.
Computer Operations
CPU Usage Access to applications and processing of data on the enterprise server.
Network Labor Services Hourly labor services for Local Area Network and Wi-Fi services. Includes labor services to connect a location to the Wide Area Network (WAN) via the Internet and to connect a site to the County’s WAN.
Customer is responsible for all costs related to circuit installation, ongoing circuit charges, and office cabling.
Payroll System Services (EMACS) Maintenance, support, and enhancements of the EMACS system and infrastructure.
Virtual Private Network (VPN) Access for a single user to remotely connect to the wide area network.
Geographic Information System
Aerial Imagery Augments and enhances GIS data visualization tools, applications and solutions developed for County departments and the public.
Telecommunication Services
Public Safety Communications Services:
Dispatch Console Access,
Maintenance, and Replacement
Repair, maintenance, programming, and replacement of Motorola radio dispatch console equipment.
Pager Access Access for a single pager to connect to the County's Digital Paging System.
Radio Access and Maintenance Access for a single radio connected to the County's Public Safety Radio frequencies and repair and maintenance of that radio or radio's accessories, excluding batteries; covers normal wear and tear.
Radio Labor Services Hourly labor services for installation and repair of radio and other related equipment in vehicles, not including materials; or escort of other government agencies to County communication sites to access their equipment.
Radio Mobile Data Access Access and maintenance for radio modems in vehicles.
Telephone Services:
Dial Tone Single line telephone services. Includes voicemail, local, long distance, Telephone Service Specialist consulting services, and software changes.
Telecommunication Labor
Services – Normal Hours
Hourly labor services for telephone, data, cabling, repair, and other specialized services – Normal Hours (Monday through Friday, 7:00 am – 5:00 pm, excluding weekends and holidays).
Telecommunication Labor
Services – After Hours
Hourly labor services for telephone, data, cabling, repair, and other specialized services – After Hours (Monday through Friday, 5:00 pm – 7:00 am, and all weekends and holidays).
All Funds
Parts and Materials Parts and Materials provided per customer request.
Service 2023-24 Rate Charge Measurement
Business Solutions Development
Business Solutions Labor Services $128.21 Per hour
Computer Operations
CPU Usage $99.63 Per CPU hour
Network Labor Services $96.84 Per hour
Payroll System Services (EMACS) $6.99 Per payroll warrant Virtual Private Network (VPN) $3.46 Per VPN/month
Geographic Information System
Aerial Imagery Cost Pass Through Per customer
Telecommunication Services
Public Safety Communications Services:
Dispatch Console Access, Maintenance, and Replacement $693.48 Per console/month Pager Access $16.22 Per pager/month
Radio Access and Maintenance $53.58 Per radio/month
Radio Labor Services $88.97 Per hour
Radio Mobile Data Access $103.58 Per modem/month
Telephone Services:
Dial Tone $31.23 Per phone/month
Telecommunication Labor Services – Normal Hours $95.56 Per hour Telecommunication Labor Services – After Hours $110.52 Per hour All Funds
Parts and Materials
Actual cost plus 15%
processing and
handling Per order
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ATTACHMENT B
PUBLIC SAFETY COMMUNICATIONS SERVICES
I. SERVICES UNDER THIS ATTACHMENT
This Attachment B is applicable for Public Safety Communications services which consist of the following services as defined in Attachment A, “ITD Rate Sheet – External Customers”, and as further defined within this Attachment B:
Dispatch Console Access, Maintenance, and Replacement
Pager Access
Radio Access and Maintenance
Radio Labor Services
Radio Mobile Data Access
II. SAN BERNARDINO COUNTY PUBLIC SAFETY COMMUNICATIONS SYSTEM ACCESS The San Bernardino County (County) Public Safety Communications System, hereinafter called “System”, is composed of two components known as the backbone and field equipment. The Backbone is defined as a portion of the System that provides the means by which dispatch centers, public safety locations, mobile radios, and portable radios communicate with each other through voice transmission. It is composed primarily of fixed relay equipment and associated centralized dispatch and control equipment, including Radio Mobile Data Access modems owned and maintained by the County. Field Equipment is defined as that portion of the System that uses the Backbone for communications and consists primarily of local dispatch equipment, mobile radios, and portable radios. a) System Purpose and Objective
The primary purpose of the System is to serve the County and accommodate participation by public safety and local governmental agencies in the County. Secondarily, other governmental and safety related non-governmental users may be allowed access to the System as conditions warrant and as provided for by this Contract. During a disaster, public safety users will receive priority in all areas, based entirely on emergency response responsibilities and access to the System by non-public safety users may be limited or suspended.
b) Backbone Operational Policies
Public safety and local governmental users shall have operational priority over all other users. In the case of a disaster, public safety users affected by the disaster shall have operational priority over all other public safety users, with County public safety users afforded the highest priority.
County has the final authority, at all times, to exercise discretionary control over the Backbone, and to otherwise manage Backbone traffic to ensure the ability of immediate-need public safety agencies to effectively communicate and for the overall benefit of all Backbone users. EXCEPT FOR GROSSLY
NEGLIENT ACTS OR OMISSIONS IN EXERCIZING ITS AUTHORITY UNDER THIS SECTION, THE COUNTY WILL HAVE NO LIABILITY WHATSOEVER FOR SYSTEM ALLOCATION DECISIONS.
c) Backbone Modification (Post Backbone Implementation) (i) The County may determine that Backbone modification is needed from time to time to meet the changing needs of County and/or users.
(ii) Costs for Backbone modifications made after the execution of this Agreement shall be assessed as follows:
(a) If the modification benefits all users, each user will bear the pro rata cost of the modification based on the user’s derived benefit. Derived benefit shall be determined as a percentage based on the number of units that are in service by each end user divided by the total units being serviced by the Backbone infrastructure at the time the modification is made.
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(b) If the modification improves service only for users in a definable local area, all users in such definable local area, and participating in and receiving direct benefit from the modification, shall share the costs for its implementation, operation, and maintenance equally. (c) If the modification only applies to a specific subset of users, the subset of users that caused the modification shall share the costs of the modification its implementation, operation, and maintenance equally.
(d) if the modification is requested by, and benefits only Customer, Customer shall bear the entire cost of the modification, its implementation, operation, and maintenance. (iii) Customer acknowledges and agrees that the County is the sole decision-maker in determining the allocation of costs for all Backbone modifications.
d) Field Equipment
(i) Customer shall, at Customer’s expense and future financial liability, purchase and maintain its own Field Equipment.
(ii) Customer shall, at Customer’s expense, expand or modify existing Customer structures, facilities, or dispatch centers as required to support the installation of Customer’s Field Equipment. (iii) Customer is solely responsible for ensuring that the Field Equipment is compatible with the System.
e) Related Non-Governmental Users
(i) At times, Customer’s non-governmental users may have a need to communicate with public safety/local government services during emergencies, or in their daily support of public safety/local government services. Where it is not in conflict with Federal Communications Commission (FCC) Regulations or other laws, and subject to approval by County, Customer’s non-governmental users may be allowed to have Backbone access. However, Customer’s non-governmental use of the Backbone for day-to-day operations shall be on a non-interfering, prioritized basis, and subject to channel loading limits, as determined by County.
(ii) County shall be responsible for coordinating Backbone access and implementing terms and conditions of such use, including one-time and recurring costs to be paid by new users. (iii) County shall monitor non-governmental users of the Backbone. If the needs of public safety/local government expand to the point of competition with non-governmental use of the Backbone, Customer’s non-governmental users may be required by the County to terminate their use of the Backbone.
(iv) Customer’s non-governmental users will be removed in reverse order of their entry into the System, i.e., the last user to enter the System will be the first user to be removed unless any other Customer’s non-governmental user voluntarily relinquishes access. (v) County will provide Customer ninety (90) days prior written notice of termination of access to allow Customer’s non-governmental users to remove their equipment or transfer their operations to another communications system. At the expiration of the notice period, the Customer’s non- governmental users will be denied access to the System. f) Backbone Ownership
It is understood that County has ownership of the Backbone, and upon any termination of this Agreement by County or by Customer, any and all rights, title, and interest in the Backbone shall remain with the County.
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III. PUBLIC SAFETY RADIO AND EQUIPMENT MAINTENANCE SERVICES The County Innovation and Technology Department (ITD) offers a number of radio and equipment maintenance services to public safety and local governmental agencies in the County of San Bernardino, as well as other governmental and safety-related non-governmental users. Services provided under this Contract consist of Public Safety Radio, Backbone radio equipment maintenance, radio, mobile/portable radio equipment maintenance, Mobile Data Access Modems maintenance, public safety radio dispatch equipment maintenance, and radio battery replacement.
a) County Responsibilities in Providing Maintenance Services If providing maintenance services to Customer, ITD:
(i) Will maintain sufficient spare mobile radios to temporarily replace equipment that is removed from service for maintenance reasons;
(ii) Will remove, reinstall, and maintain Customer-owned radios or other covered equipment that has become defective from normal wear and usage, as solely determined by ITD, and perform repairs at ITD or elsewhere as determined by ITD;
(iii) Will provide a two-hour response time from notification for problems with radio dispatch equipment and Backbone radio equipment, and reasonable response time during normal County work hours on normal County business days for maintenance of Mobile Data Access Modems, and mobile/portable radios with afterhours service available at premium rates; (iv) Reserves the right to subcontract for all or part of services; (v) Assumes no liability for equipment failure in the field, or for any adverse consequences caused by such failed equipment;
(vi) Assumes no liability for failure to provide or delay in providing services, under this Agreement. b) County Services Provided on a Time and Materials Basis (i) Service required due to Customer abuse or abnormal wear; (ii) Service to correct attempts by Customer or unauthorized third parties to repair or modify equipment;
(iii) Facility electrical problems at Customer location(s) or vehicle electrical problems; (iv) Services in addition to those identified above, to the extent feasible and cost-effective, as determined by ITD;
(v) Program or re-program radios at Customer’s request or in response to abnormal wear and usage, except for County-originated systems reconfigurations;
(vi) Replacement of accessories and consumable items, including batteries, antennas, and microphone cords;
(vii)Radio reactivations are processed within 5 business days after the request is received and are billed for each serial number reactivated at one-half of the Board-approved hourly rate in effect at the time reactivation is ordered.
c) Customer Responsibilities
Customer shall procure its own Field Equipment and shall:
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(i) Provide ITD with model and serial numbers of all equipment to be covered under this Contract. (ii) Designate an individual as the single point of contact for maintenance coordination. (iii) Coordinate and schedule service requirements with ITD reasonably in advance whenever possible. (iv) Advise ITD of all radio relocations or reassignments within their fleet, within 24-hours of relocation or reassignment.
(v) Have sole responsibility to maintain a current inventory of its Field Equipment using the System and to approve and validate billing of that inventory. Customer must notify ITD in writing when any Field Equipment is no longer in use by Customer, including notification of damaged, lost, or stolen Field Equipment. ITD will continue to bill Customer until notification is received, and Customer remains responsible for payment of charges for such Field Equipment. If Customer identifies discrepancies between billing and its inventory, a dispute notice should be sent by e-mail to [email protected] along with a justification and related documentation. If ITD determines that a charge was billed incorrectly, ITD will issue the applicable credit on the next monthly billing cycle.
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ATTACHMENT C
WIDE AREA NETWORK SERVICES
IV. SERVICES UNDER THIS ATTACHMENT
This Attachment C is applicable for Wide Area Network (WAN) services which consist of the following services as further defined in this Attachment C:
WAN Access
•Includes WAN monitoring and threat detection
WAN Setup
Circuit/s
V. SERVICES TO BE PROVIDED
The County agrees to provide Customer WAN connectivity to the County’s telecommunication network for the purpose of accessing computer information systems managed by the County as authorized by the data owner department, including WAN connection, configuration, installation of a router at the Customer location and overall circuit and router maintenance including monitoring of network communication and cyber threat detection with a two-hour response time from the County if notified of a problem or incident affecting services.
Specific charges are set forth in this Attachment C.
The connection will be located at:
710 North D. Street
San Bernardino, CA 92401
VI. SERVICE CONDITIONS
a) ITD reserves the right to subcontract for all or part of Services. b) Authorized applications under this Contract are on file with ITD and are subject to change during the term of this Contract. ITD and the Customer will work together to ensure the Customer has access to authorized applications as needed.
c) ITD assumes no liability for failure to provide or delay in providing Services under this Contract. d) Customer is responsible for the costs of the data circuit. County owns the data circuit. The County will order the circuit, monitor it, and will work with the vendor providing the circuit to resolve any problems. The costs for the circuit are included in this Attachment C and will be billed monthly by ITD.
There is no billable data circuit associated with this/these connection(s). The location(s), identified in Section II above, has/have cabling (i.e., fiber or copper) that can be used for the connectivity eliminating the need for a data circuit.
e) ITD will provide coordination for data communications problems, including problem isolation and resolution from the County Central Computer or County’s WAN to the last component of ITD-supplied equipment. Coordination includes working with all necessary vendors in an effort to restore normal data communications in a timely manner. Reporting, tracking, and diagnosing of problems related to Customer supplied equipment and software is the responsibility of the Customer. f) Customer is responsible for the coordination of the isolation and resolution of all problems involving hardware and software not supplied by ITD.
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g) ITD will coordinate a pre-installation site survey identifying all necessary pre-installation site requirements. This service will be limited to the definition of those requirements and the ordering of the data communications or WAN circuits, modems, and WAN equipment (e.g., routers). The Customer will be responsible for making all site preparations prior to the installation of data communications or WAN service.
VII. RATES AND PAYMENT TERMS
The payment terms for WAN services are outlined in Section H “Fiscal Provisions” of the Contract.
Additionally, the following rates apply to WAN services:
a) WAN Access, including WAN monitoring and threat detection, is provided to Customer at no monthly cost.
b) WAN Setup is a one-time cost to connect to the WAN and is provided to Customer at time and materials, at the current Network Services Labor rate (see Attachment A “ITD Rate Sheet – External Customers”) and for the actual cost of the network equipment. c) Circuits are provided to Customer, if applicable, at the monthly cost as identified by the telephone company at the time this Contract is executed. Section III.d. “Service Conditions” of this Attachment identifies if this service and cost is applicable.
If applicable, the cost for your Circuit/s are listed as follows:
Serial Number: [#] Cost: [$]
VIII. CUSTOMER RESPONSIBILITIES
a) Except to the extent caused by County’s breach of the Contract, (a) Customer is responsible for all activities that occur through Customer’s WAN access, regardless of whether the activities are authorized by Customer or undertaken by Customer, Customer’s employees or a third party (including Customer’s contractors, agents or end users), and County is not responsible for unauthorized access to Customer’s account.
b) Customer is responsible for taking appropriate action to secure, protect and backup Customer information and data.
c) Customer is responsible for its account information, passwords and other login credentials and must notify County immediately of any known unauthorized possession or use of Customer’s credentials.
Customer shall not: (i) make WAN access available to any third party not authorized or as otherwise contemplated by the Contract; (ii) send or store code that can harm or result in damage to the WAN (including but not limited to malicious code and malware); (iii) willfully interfere with or disrupt the integrity of the WAN or the data contained therein; (iv) attempt to gain unauthorized access to the WAN or its related system or networks; (v) use the WAN to provide services to third parties except as expressly permitted by the Contract; (vi) use the WAN in order to cause harm such as overload or create multiple agents for the purpose of disrupting operations of a third party; or (vii) perform or disclose any security testing of the WAN.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely; Interim City Manager
Ernesto Salinas, Acting Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Construction Contract Award – Genevieve and
Ralston Lighting Circuit Upgrades (Ward 7)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the award of a construction contract with Elecnor Belco Electric, Inc., in the amount of $2,045,193 for the construction of Genevieve and Ralston Lighting Circuit Upgrades (‘Project”); and
2. Authorize the project construction, construction contingencies and engineering and inspections costs in the total amount of $600,000 for construction for Genevieve and Ralston Lighting Circuit Upgrades (‘Project”); and
3. Authorize the Agency Director of Administrative Services to issue a purchase order in an amount not to exceed $2,645,193.
Executive Summary
The project involves the installation of electrical streetlights to enhance public safety and improve overall quality of life for the residents. This project is a critical component of the City's infrastructure enhancement plan. The award of the construction contract for electrical streetlights is a significant step toward improving infrastructure and quality of life for the residence in the Genevieve and Ralston areas of the City. Staff recommends the selection of Elecnor Belco Electrical, Inc. as the contractor and moving forward with the issuance of a purchase order totaling $2,045,193 to initiate the construction phase of this contract.
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Background
The Genevieve Street lighting circuit project involves replacing existing decorative post-top poles that no longer meet current City standards due to significant deterioration. Furthermore, the existing conduits, typically constructed of 1" galvanized steel, have deteriorated to an extent that reusing them would present significant challenges. The plan is to substitute the old poles with a style similar to the post-top poles used in the recently finished project on Broadmoor Circuit conversion.
The Ralston Street lighting circuit project entails the removal of the existing poles and the installation of new standard cobra head type poles in accordance with City standards. Presently, the lights along Sierra Way are linked via an overhead power cable, and the proposed design includes the installation of underground power lines.
Additionally, the older-style, short mast arm poles situated mostly to the east of Sierra Way will be replaced with poles that adhere to the current City standard.
On June 16, 2021, the Mayor and City Council adopted Resolution No 2021-138 approving Capital Improvement Program FY 2021/22 funding for the design and construction of these improvements.
On December 15, 2021, the Mayor and City Council adopted Resolution No. 2021- 302 awarding Michael Baker International a Professional Design Services Agreement to design the Genevieve and Ralston Lighting Circuits in the amount of $63,280. Design was completed in December 2022 including the Southern California Edison Service drop locations.
Upon thorough examination of the engineering estimates included in the approved plans, staff has determined that there is a shortfall of $1,040,258 for the Genevieve Circuit Lighting Upgrade project and a shortfall of $1,243,294 for the Ralston Circuit Lighting Upgrade project.
On June 26, 2023, the City Council adopted Resolution No. 2023-090 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan, recording supplement appropriation in the amount of $1,040,258 from Measure S for the Genevieve Circuit lighting Upgrade project; and $1,243,294 form Measure S for the Ralston Circuit Lighting Upgrade Project.
Discussion
The project for construction for Genevieve and Ralston Lighting Circuit Upgrades was advertised for public bidding on July 26, 2023, on Planet Bids. Sealed bids were received and opened on August 31, 2023. The City received four (4) bids as follows:
Bidder City Base Bid
Elecnor Belco Electric Inc. Chino, CA $2,045,193
Comet Electric Chatsworth, CA $2,250,088
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ILB Corona, CA $2,251,636
Espinoza Electric Inc. (DBA QLE) Bloomington, CA $3,931,925 The City has reviewed the bid package and confirmed that Elecnor Belco Inc. of Chino, California, is the lowest responsible and responsive bidder, with a total bid amount of $2,045,193. Based on the bidder information and experience form in the bid package, Elecnor Belco Electric Inc. listed a vast number of projects completed in Southern California. Therefore, based on qualifications and competitive bidding, City staff recommends awarding the construction contract to Elecnor Belco Electric, Inc.
Following the completion of the design phase of the project, the Genevieve Circuit had a remaining account balance of $362,853.07 and the Ralston Circuit had a remaining account balance of $361,472.24.
On June 26, 2023, Mayor and City Council adopted Resolution No. 2023-90 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 for Capital Improvement Plan and record a supplement appropriation in the amount of $1,040,258 from Measure S for the Genevieve Circuit Lighting Upgrade project and $1,243,294 from Measure S for the Ralston Circuit Lighting Upgrade project.
There was a technical correction that took place following the formal bidding process. Due to the bids coming in at a lower amount than expected, Finance decreased the overall allocation amount by $103,118. The supplemental appropriation amount for the Genevieve Lighting Circuit Upgrade project is now reflected as $988,699 and $1,191,735 for the Ralston Circuit Lighting Upgrade project. The total available budgets for the construction phase of the project are shown below:
Genevieve Lighting Circuit (007-160-8872*5504) $1,351,552.07 Ralston Lighting Circuit (007-160-8873*5504) $1,553,207.24 Total $2,904,759.31
The overall construction costs of the project are as follows:
Construction Bid Amount $2,045,193.00
Construction Contingency $ 400,000.00
Engineering and Inspection $ 200,000.00
Total Construction Project Cost $2,645,193.00
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this award contract will result in public improvements being constructed that minimize risk and litigation exposure through removing and upgrading the existing the street light system.
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Fiscal Impact
There is no General Fund impact associated with this action. There is sufficient funding in the Measure S project accounts in FY 2022/23 that will be carried over into FY 2023/24 to cover the total construction project cost.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the award of a construction contract with Elecnor Belco Electric, Inc., in the amount of $2,045,193 for the construction of Genevieve and Ralston Lighting Circuit Upgrades (‘Project”); and
2. Authorize the project construction, construction contingencies and engineering and inspections costs in the total amount of $600,000 for construction for Genevieve and Ralston Lighting Circuit Upgrades (‘Project”); and
3. Authorize the Agency Director of Administrative Services to issue a purchase order in an amount not to exceed $2,645,193.
Attachments
Attachment 1 Construction Contract Agreement Attachment 2 Bid Tabulation
Attachment 3 Bid Proposal
Attachment 4 Location Map-Genevieve Circuit
Attachment 5 Location Map-Ralston Circuit
Ward:
Seventh Ward
Synopsis of Previous Council Actions:
June 16, 2021 Adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22.
June 26, 2023 Adopted Resolution No. 2023-090 to amend FY 2022/23 Capital Improvement Plan.
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00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. TC22-008 & TC009 is made and entered into this 18th day of October, 2023 by and between the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Elecnor Belco Electric, Inc , sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008
& RALSTON CIRCUIT LIGHTING UPGRADE TC22-009
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 200 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Million Forty- Five Thousands One Hundred Ninety-Three Dollars ($2,045,193). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following WITH APPENDICES:
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Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract Appendix A – City of San Bernardino Business Registration Application Form Appendix B – Pole Tags and SCE Maps
Appendix C – Construction 4’ x 8’ Project Signs
Appendix D – Restoration of Permanent Surfacing / Trenching (modified) The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
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ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF SAN BERNARDINO
By:
CHARLES E. McNEELY
Interim City Manager
ATTEST:
By:
GENOVEVA ROCHA CMC
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
ELECNOR BELCO ELECTRIC, INC.
(If CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURE REQUIRED)
By:
Its:
Printed Name:
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
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BID TABULATION FOR
TC22-008 TC22-009: GENEVIEVE AND RALSTON LIGHTING CIRCUIT BID OPENING: 08/31/23 @ 2:30PM
FILE: PROJECT NO. TC22-008 & TC22-009: GENEVIEVE AND RALSTON LIGHTING CIRCUIT Item
No. BID ITEM DESCRIPTION Estimated
Quantity Unit LOW BIDDER
BELCO
2ND LOW
ILB
3RD LOW
COMET
4TH LOW
ESPINOZA ELECTRIC INC.DBA
QLE
5TH LOW 6TH LOW 7TH LOW
BID SCHEDULE Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total SCHEDULE NO. 1 GENEVIEVE
1.1 MOBILIZATION 1 LS $ 18,000.00 $ 18,000.00 $ 56,294.00 $ 56,294.00 $ 90,000.00 $ 90,000.00 $ 87,000.00 $ 87,000.00
1.2 TRAFFIC CONTROL 1 LS $ 18,000.00 $ 18,000.00 $ 7,084.00 $ 7,084.00 $ 10,000.00 $ 10,000.00 $ 20,000.00 $ 20,000.00
1.3 FURNISH AND INSTALL STREET LIGHT SERVICE PEDESTAL PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-2 1 EA $ 8,200.00 $ 8,200.00 $ 5,265.00 $ 5,265.00 $ 10,000.00 $ 10,000.00 $ 15,237.00 $ 15,237.00
1.4 FURNISH AND INSTALL TYPE III-C SERVICE EQUIPMENT ENCLOSURE PER CALTRANS STANDARD PLAN ES-2F 1 EA $ 10,300.00 $ 10,300.00 $ 8,018.00 $ 8,018.00 $ 9,000.00 $ 9,000.00 $ 17,163.00 $ 17,163.00
1.5 FURNISH AND INSTALL NO. 3 1/2 PULL BOX PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-2 52 EA $ 605.00 $ 31,460.00 $ 1,004.00 $ 52,208.00 $ 700.00 $ 36,400.00 $ 323.00 $ 16,796.00
1.6 FURNISH AND INSTALL NO. 5 PULL BOX PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-2 1 EA $ 830.00 $ 830.00 $ 1,934.00 $ 1,934.00 $ 3,808.00 $ 3,808.00 $ 757.00 $ 757.00
1.7 FURNISH AND INSTALL STRESSCRETE CALIFORNIA 15' CONCRETE POLE WITH KING POST TOP ACORN LUMINAIRE WASHINGTON 36 EA $ 11,067.00 $ 398,412.00 $ 10,226.00 $ 368,136.00 $ 10,000.00 $ 360,000.00 $ 17,331.00 $ 623,916.00
1.8 REMOVE EXISTING STREET LIGHT AND FOUNDATION 34 EA $ 1,160.00 $ 39,440.00 $ 2,233.00 $ 75,922.00 $ 2,500.00 $ 85,000.00 $ 3,163.00 $ 107,542.00
1.9 FURNISH AND INSTALL PHOTOELECTRIC CONTROL UNIT 2 EA $ 195.00 $ 390.00 $ 268.00 $ 536.00 $ 587.00 $ 1,174.00 $ 209.00 $ 418.00
1.1 REMOVE AND REINSTALL EXISTING SIGN 9 EA $ 250.00 $ 2,250.00 $ 246.00 $ 2,214.00 $ 449.00 $ 4,041.00 $ 343.00 $ 3,087.00
1.11 REMOVE EXISTING HPS LUMINAIR AND REPLACE WITH NEW CREE LED TYPE E 2 EA $ 770.00 $ 1,540.00 $ 754.00 $ 1,508.00 $ 1,672.00 $ 3,344.00 $ 974.00 $ 1,948.00
1.12 FURNISH AND INSTALL 2" SCHEDULE 80 PVC CONDUIT 5,335 LF $ 52.00 $ 277,420.00 $ 74.60 $ 397,991.00 $ 61.00 $ 325,435.00 $ 10.00 $ 53,350.00
1.13 FURNISH AND INSTALL 3” SCHEDULE 80 PVC CONDUIT 50 LF $ 100.00 $ 5,000.00 $ 339.00 $ 16,950.00 $ 205.00 $ 10,250.00 $ 70.00 $ 3,500.00
1.14 FURNISH AND INSTALL 3" SCHEDULE 80 PVC CONDUIT WITH PULL ROPE 40 LF $ 110.00 $ 4,400.00 $ 95.00 $ 3,800.00 $ 232.00 $ 9,280.00 $ 120.00 $ 4,800.00
1.15 FURNISH AND INSTALL #4 CONDUCTOR 1,440 LF $ 3.90 $ 5,616.00 $ 3.00 $ 4,320.00 $ 3.00 $ 4,320.00 $ 48.00 $ 69,120.00
1.16 FURNISH AND INSTALL #6 CONDUCTOR 4,840 LF $ 3.00 $ 14,520.00 $ 2.50 $ 12,100.00 $ 2.00 $ 9,680.00 $ 15.00 $ 72,600.00
1.17 FURNISH AND INSTALL #8 CONDUCTOR 9,015 LF $ 2.40 $ 21,636.00 $ 2.00 $ 18,030.00 $ 2.00 $ 18,030.00 $ 9.00 $ 81,135.00
1.18 FURNISH AND INSTALL #10 CONDUCTOR 5,020 LF $ 1.80 $ 9,036.00 $ 1.75 $ 8,785.00 $ 1.00 $ 5,020.00 $ 14.00 $ 70,280.00
1.19 FURNISH AND INSTALL #14 CONDUCTOR 810 LF $ 1.60 $ 1,296.00 $ 1.00 $ 810.00 $ 1.00 $ 810.00 $ 81.00 $ 65,610.00
1.2 REWIRE EXISTING TRAFFIC SIGNAL AT SIERRA WAY AT MARSHALL BLVD FOR 4 PHASE OPERATION USING MULTI-CONDUCTOR CABLES WITH NEW UNDERGROUND CONDUIT 1 LS $ 20,068.00 $ 20,068.00 $ 8,442.00 $ 8,442.00 $ 23,000.00 $ 23,000.00 $ 40,000.00 $ 40,000.00
1.21 CONSTRUCTION 4’ x 8’ PROJECT SIGN 1 LS $ 2,500.00 $ 2,500.00 $ 3,047.00 $ 3,047.00 $ 5,000.00 $ 5,000.00 $ 2,613.00 $ 2,613.00
1.22 WATER POLLUION CONTROL, BEST MANAGEMENT PRACTICES 1 LS $ 2,000.00 $ 2,000.00 $ 3,047.00 $ 3,047.00 $ 2,500.00 $ 2,500.00 $ 5,750.00 $ 5,750.00 SCHEDULE NO. 1 GENEVIEVE SUBTOTAL $ 892,314.00 $ 1,056,441.00 $ 1,026,092.00 $ 1,362,622.00 SCHEDULE NO. 2 RALSTON
2.1 MOBILIZATION 1 LS $ 18,000.00 $ 18,000.00 $ 58,394.00 $ 58,394.00 $ 90,000.00 $ 90,000.00 $ 10,000.00 $ 10,000.00
2.2 TRAFFIC CONTROL 1 LS $ 19,000.00 $ 19,000.00 $ 7,084.00 $ 7,084.00 $ 10,000.00 $ 10,000.00 $ 20,000.00 $ 20,000.00
2.3 FURNISH AND INSTALL STREET LIGHT SERVICE PEDESTAL PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-2 2 EA $ 8,200.00 $ 16,400.00 $ 5,109.00 $ 10,218.00 $ 10,000.00 $ 20,000.00 $ 19,924.50 $ 39,849.00
2.4 FURNISH AND INSTALL NO. 3 ½ PULL BOX PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-2 83 EA $ 605.00 $ 50,215.00 $ 992.00 $ 82,336.00 $ 1,000.00 $ 83,000.00 $ 575.63 $ 47,777.29
2.5 FURNISH AND INSTALL NO. 5 PULL BOX PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-2 2 EA $ 830.00 $ 1,660.00 $ 1,340.00 $ 2,680.00 $ 1,700.00 $ 3,400.00 $ 1,225.00 $ 2,450.00
2.6 FURNISH AND INSTALL STREET LIGHT POLE TYPE B FIXTURE, TYPE III DISTRIBUTION PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-1 50 EA $ 7,074.00 $ 353,700.00 $ 5,763.00 $ 288,150.00 $ 6,500.00 $ 325,000.00 $ 11,221.94 $ 561,097.00
2.7 FURNISH AND INSTALL STREET LIGHT POLE TYPE C FIXTURE, TYPE III DISTRIBUTION PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-1 6 EA $ 7,892.00 $ 47,352.00 $ 6,734.00 $ 40,404.00 $ 8,500.00 $ 51,000.00 $ 13,209.17 $ 79,255.02
2.8 FURNISH AND INSTALL STREET LIGHT POLE TYPE D FIXTURE, TYPE IV DISTRIBUTION PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-1 4 EA $ 9,628.00 $ 38,512.00 $ 6,734.00 $ 26,936.00 $ 8,500.00 $ 34,000.00 $ 13,209.25 $ 52,837.00
2.9 FURNISH AND INSTALL BACK LIGHT CONTROL SHIELD BY MANUFACTURER 6 EA $ 150.00 $ 900.00 $ 215.00 $ 1,290.00 $ 500.00 $ 3,000.00 $ 641.34 $ 3,848.04
2.1 FURNISH AND INSTALL PHOTOELECTRIC CONTROL UNIT 2 EA $ 195.00 $ 390.00 $ 433.00 $ 866.00 $ 600.00 $ 1,200.00 $ 463.50 $ 927.00
2.11 REMOVE AND REINSTALL EXISTING SIGN 2 EA $ 250.00 $ 500.00 $ 701.00 $ 1,402.00 $ 800.00 $ 1,600.00 $ 1,259.50 $ 2,519.00
2.12 REMOVE EXISTING SIGN AND INSTALL NEW SIGN 4 EA $ 500.00 $ 2,000.00 $ 353.00 $ 1,412.00 $ 600.00 $ 2,400.00 $ 135.00 $ 540.00
2.13 CONSTRUCT MEANDERING SIDEWALK 3 SF $ 400.00 $ 1,200.00 $ 594.00 $ 1,782.00 $ 1,300.00 $ 3,900.00 $ 5,825.00 $ 17,475.00
2.14 UPGRADE EXISTING PULL BOX BOLTS TO PENTA HEAD PER CALTRANS STANDARD ES-8A (per bolt) 60 EA $ 22.00 $ 1,320.00 $ 37.00 $ 2,220.00 $ 72.00 $ 4,320.00 $ 270.95 $ 16,257.00
2.15 REMOVE EXISTING STREET LIGHT AND FOUNDATION 43 EA $ 1,160.00 $ 49,880.00 $ 2,151.00 $ 92,493.00 $ 2,000.00 $ 86,000.00 $ 4,029.07 $ 173,250.01
2.16 FURNISH AND INSTALL 2” SCHEDULE 80 PVC CONDUIT 8,455 LF $ 52.00 $ 439,660.00 $ 56.00 $ 473,480.00 $ 51.00 $ 431,205.00 $ 49.40 $ 417,677.00
2.17 FURNISH AND INSTALL 3” SCHEDULE 80 PVC CONDUIT WITH PULL ROPE 20 LF $ 110.00 $ 2,200.00 $ 226.00 $ 4,520.00 $ 500.00 $ 10,000.00 $ 1,337.20 $ 26,744.00
2.18 FURNISH AND INSTALL #8 CONDUCTOR 11,305 LF $ 2.40 $ 27,132.00 $ 2.00 $ 22,610.00 $ 2.00 $ 22,610.00 $ 28.55 $ 322,757.75
2.19 FURNISH AND INSTALL #10 CONDUCTOR 22,700 LF $ 1.80 $ 40,860.00 $ 1.75 $ 39,725.00 $ 1.00 $ 22,700.00 $ 14.28 $ 324,156.00
2.2 FURNISH AND INSTALL #14 CONDUCTOR 855 LF $ 1.60 $ 1,368.00 $ 1.00 $ 855.00 $ 2.00 $ 1,710.00 $ 363.82 $ 311,066.10
2.21 FURNISH AND INSTALL CONDUIT CROSSINGS (SONORA DRIVE) 160 LF $ 200.00 $ 32,000.00 $ 152.00 $ 24,320.00 $ 145.00 $ 23,200.00 $ 184.93 $ 29,588.80
2.22 FURNISH AND INSTALL NO. 3 ½ PULL BOX PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-2 FOR SONORA DRIVE CROSSINGS 6 EA $ 605.00 $ 3,630.00 $ 1,004.00 $ 6,024.00 $ 1,100.00 $ 6,600.00 $ 2,450.67 $ 14,704.02
2.23 CONSTRUCTION 4’ x 8’ PROJECT SIGN 1 LS $ 3,000.00 $ 3,000.00 $ 3,047.00 $ 3,047.00 $ 4,100.00 $ 4,100.00 $ 2,603.00 $ 2,603.00
2.24 WATER POLLUION CONTROL, BEST MANAGEMENT PRACTICES 1 LS $ 2,000.00 $ 2,000.00 $ 3,047.00 $ 3,047.00 $ 2,500.00 $ 2,500.00 $ 5,750.00 $ 5,750.00 SCHEDULE NO. 2 RALSTON SUBTOTAL $ 1,152,879.00 $ 1,195,295.00 $ 1,243,445.00 $ 2,483,128.03 TOTAL BID SCHEDULE $ 2,045,193.00 $ 2,251,736.00 $ 2,269,537.00 $ 3,845,750.03 $ - $ - $ -
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Agreement with Econolite Control Products, Inc. for the Purchase of Traffic Signal Cabinets (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 Purchase Agreement with Econolite Control Products, Inc., for the purchase of traffic signal cabinets and related components; and
2. Authorize the Director of Administrative Services to issue a purchase order in the amount of $100,000; and
3. Authorize the City Manager or designee to extend the Goods Purchase Agreement with Econolite Control Products, Inc., for up to four additional one- year terms for an amount not to exceed $100,000 annually.
Executive Summary
A purchase order in the amount of $100,000 is requested for the purchase of traffic signal cabinets and related components from Econolite of Anaheim, CA. These cabinets are utilized for City wide traffic signal upgrades and replacement of damaged traffic cabinets at signalized intersections. This amount is consistent with the projected requirements for this fiscal year.
Background
The Operations and Maintenance Division (O&M) of the Public Works Department is responsible for the maintenance, repair, beautification, and clean-up of City-owned infrastructure and rights of way. In conjunction with the Public Works Engineering Division, it is also responsible for ensuring the City’s traffic intersections are properly
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maintained, inspected, upgraded, and repaired as needed.
Traffic signal cabinets are sometimes subject to vehicle collisions and require replacement. Staff requires these cabinets be available on-hand for quicker replacement of cabinets due to collisions rather than ordering them as each incident occurs. The replacement of cabinets is largely performed by in-house staff that are part of the Traffic and Lighting work section of the O&M Division.
Discussion
The City of San Bernardino has approximately 275 traffic intersections comprised of various traffic signal components, cabinets, and hardware. Each traffic intersection requires routine inspection and maintenance which includes replacement and repair of traffic signal cabinets. In many instances, vandalism or traffic collisions at intersections may necessitate the quick repair and replacement of cabinets. In general, the City can expect approximately 18 cabinet collisions per year.
To ensure that the City properly maintains and repairs our traffic intersection efficiently with industry standard components and hardware, staff is requesting $100,000 for traffic signal cabinets and related materials under this goods purchase agreement.
The Operations and Maintenance Division of Public Works worked with the Finance Department, and in July of 2023, a formal bid process was initiated to solicit quotes for traffic signal cabinets and related materials. Notices were posted on the City’s website.
The results of the bid opening yielded two qualified vendors as noted below. Both vendors have provided services to the City in the past. In reviewing the results of the bid solicitation, it was determined that Econolite was the lowest vendor and was therefore selected as the winning vendor. It is important to note this purchase order will be set at $100,000 to allow for additional purchases should they be required. To ensure the City continues operations uninterrupted and maintains costs within the same range, approval of the Goods Purchase Agreement authorizes a one-year agreement and four one-year extension options that would be executed administratively by staff. This is beneficial to the City, not just in cost, but also with reducing staff’s administrative burden.
NAME OF BIDDER CITY UNIT COSTS
Econolite Control
Products, Inc.
Anaheim, CA $69,986.88
Swarco McCain, Inc. Vista, CA $94,621.20
Staff is confident that Econolite is qualified to provide the required traffic signal cabinets and related materials. The City has worked with Econolite in the recent past and they have always provided quality products and timely services. 2021-2025 Strategic Targets and Goals
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This project is aligned with Key Target No. 3c: Improved Quality of Life: To evaluate and enhance the quality of public safety service, and Key Target No. 3d: Improve the City’s appearance, cleanliness, and attractiveness. The goods and services agreement will ensure City traffic intersections are properly maintained and repaired as needed in all economic corridors, neighborhoods, major thoroughfares, and secondary streets.
Fiscal Impact
The General Fund impact is $100,000 and is appropriated in the FY 2023/24 budget.
This amount will need to be programmed annually for additional four 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 Purchase Agreement with Econolite Control Products, Inc., for the purchase of traffic signal cabinets and related components; and
2. Authorize the Director of Administrative Services to issue a purchase order in the amount of $100,000; and
3. Authorize the City Manager or designee to extend the Goods Purchase Agreement with Econolite Control Products, Inc., for up to four additional one- year terms for an amount not to exceed $100,000 annually.
Attachments
Attachment 1 Goods Purchase Agreement
Attachment 2 Goods Purchase Agreement Exhibit C
Attachment 3 Summarized Cost Sheet
Attachment 4 Bid Documents– RFQ F-23-55
Ward
All Wards
Synopsis of Previous Council Actions
N/A
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CITY OF SAN BERNARDINO
GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this October 18, 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 Econolite Control Products, Inc., a CORPORATION with its principal place of business at 1250 N. Tustin Ave. Anaheim, CA. 92807 (“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 acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.
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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 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.
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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 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.
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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.”
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).
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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.
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
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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:
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;
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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.
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
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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 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
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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 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.
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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:
Econolite Control Products, Inc.
1250 N. Tustin Ave
Anaheim, CA. 92807
Attn: Corey Kelly
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.
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.
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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 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 ECONOLITE CONTROL PRODUCTS, 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
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
ECONOLITE CONTROL PRODUCTS,
INC
Signature
Name
Title
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Exhibit A
Goods Specifications
TRAFFIC SIGNAL CONTROLLER CABINETS
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 Agreement. The following is a non-inclusive description of the project work and/or goods to be provided.
The term of this agreement will be from October 18, 2023 to June 30, 2024 WITH FOUR (4) 1 year option to extend.
Specifications include the following:
General Specifications:
•Dimensions: 67” H x 24” W x 30” D
•Material: 5052-H32 aluminum, 0.125” thick
•Finish: Natural, anodized, or powder coated with optional anti-graffiti coating •Door(s): Front (1), back (1), all full size
•Handles: 3/4” round, stainless steel, with padlock feature •Mounting: Base mounted
•Interchangeable with standard 170 controllers
Standard Features:
•8-phase, 4-pedestrian operation
•36 detector channel capability
•2-channel or 4-channel industry standard detection modules •Railroad (2) and emergency vehicle (4) preemption inputs •Solid state relay (SSR)
•Relay safety feature
•Programmable “Yellow/Red” or “All Red” flashes
•DC isolation inputs for pedestrian push buttons and special functions •210 Signal Monitor slot
•Transient voltage and surge suppression filter
•Drawer/shelf combination
Assemblies:
•14-position input files (2)
•12-position output file
•Power-saving, high-efficiency power supply
•Flash transfer relay sockets (4)
•Dual-circuit flasher sockets (2)
•Input panel
•Service panel
•Police panel with signal “On/Off” and “Auto/Flash” switches
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Plug-ins required:
•12 – Load switches, 200
•2 – Flashers, 204
•18 – Detectors, 222
•3 - DC isolators, 242
•1 - CMU, 210
•4 – Flash transfer relays
•1 – Surge suppressor, 1250 ITS/1750 TEES
•1- 24VDC power supply, 206L
Must be fully compliant with 2009 Caltrans Transportation Electrical Equipment Specifications (TEES)
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Exhibit B
Delivery Schedule
Supplies must be ready to be delivered no longer than 30 days after orders are placed (notwithstanding national supply-chain issues).
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City of San Bernardino
Bid Results for Project Traffic Signal Controller Cabinets (RFQ F-23-55) Bid Due on August 17, 2023 3:00 PM (PDT)
Anaheim, CA. Vista, CA.
Econolite Swarco McCain, Inc.
Quantity 8 8
Cost Per Unit $8,748.36 $11,827.65
Total: 69,986.88 $94,621.20
Option Year #1 $73,120.56 $104,083.32
Option Year #2 $76,548.16 $109,287.49
Option Year #3 $80,312.80 $114,751.86
Option Year #4 $84,466.88 $120,489.45
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REQUEST FOR VENDOR QUOTES
FOR
CITY OF SAN BERNARDINO
FOR
TRAFFIC SIGNAL CONTROLLER CABINETS
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
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REQUEST FOR VENDOR PRICE QUOTES
PROJECT NO. RFQ F-23-55
TRAFFIC SIGNAL CONTROLLER CABINETS
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 P.M., Thursday, August 17, 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 Traffic Signal Supplies (“Project/Equipment”). To serve and promote the welfare of its residents, the City intends to procure the Project/Equipment, as described below.
The City of San Bernardino is soliciting quotes for the purchase of Traffic Signal Controller Cabinets 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 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, Finance 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 July 27, 2023, by 3:00pm local time.
D. Meeting
There is no meeting
1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.
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E. Site Examination
Vendors may visit the City and its physical facilities to determine the local conditions which may in any way 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 August 17, 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” days.
7. Additional Costs to Perform Work/Services: The Vendor’s Quote is inclusive of all cost 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”
TRAFFIC SIGNAL CONTROLLER CABINETS
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 soliciting bids for the purchase of Traffic Signal Controller Cabinets as specified in our Unit Price Sheet (Attachment C). Other specifications include the following:
General Specifications:
•Dimensions: 67” H x 24” W x 30” D
•Material: 5052-H32 aluminum, 0.125” thick
•Finish: Natural, anodized, or powder coated with optional anti-graffiti coating •Door(s): Front (1), back (1), all full size
•Handles: 3/4” round, stainless steel, with padlock feature •Mounting: Base mounted
•Interchangeable with standard 170 controllers
Standard Features:
•8-phase, 4-pedestrian operation
•36 detector channel capability
•2-channel or 4-channel industry standard detection modules •Railroad (2) and emergency vehicle (4) preemption inputs •Solid state relay (SSR)
•Relay safety feature
•Programmable “Yellow/Red” or “All Red” flashes
•DC isolation inputs for pedestrian push buttons and special functions •210 Signal Monitor slot
•Transient voltage and surge suppression filter
•Drawer/shelf combination
Assemblies:
•14-position input files (2)
•12-position output file
•Power-saving, high-efficiency power supply
•Flash transfer relay sockets (4)
•Dual-circuit flasher sockets (2)
•Input panel
•Service panel
•Police panel with signal “On/Off” and “Auto/Flash” switches
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Plug-ins required:
•12 – Load switches, 200
•2 – Flashers, 204
•18 – Detectors, 222
•3 - DC isolators, 242
•1 - CMU, 210
•4 – Flash transfer relays
•1 – Surge suppressor, 1250 ITS/1750 TEES
•1- 24VDC power supply, 206L
Must be fully compliant with 2009 Caltrans Transportation Electrical Equipment Specifications (TEES)
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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.
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 acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.
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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 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
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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.
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 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
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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 $[***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.
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.
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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.
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.
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,
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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;
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.
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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.
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 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
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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
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 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.
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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: [***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.
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.
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.
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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.
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 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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Exhibit A
Goods Specifications
[ATTACHED]
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Exhibit B
Delivery Schedule
[ATTACHED]
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Exhibit C
Fee Schedule
[ATTACHED]
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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:
TRAFFIC SIGNAL CONTROLLER CABINETS
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.
Traffic Signal Controller Cabinet Quantity
(annual)
Cost per
Unit Total Cost
332L Anodized Complete with Plug ins and No
Controller 8
TOTAL VENDOR QUOTE
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): ____________________________ The term of this agreement will be from July 1, 2023 to Jun 30, 2024 WITH FOUR (4) 1 year option to extend.
Overall Pricing for Option Years MUST be indicated below:
OPTION YEAR OVERALL TOTAL COST (ALL ITEMS)
Option Year #1 July 1, 2024 to June 30, 2025 $
Option Year #2 July 1, 2025 to June 30, 2026 $
Option Year #3 July 1, 2026 to June 30, 2027 $
Option Year #4 July 1, 2027 to June 30, 2028 $
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works,
Operations and Maintenance
Department: Public Works
Subject: Agreement with JTB Supply Co, Inc. for the
Purchase of Traffic Intersection Signal Supplies
(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 Purchase Agreement with JTB Supply Co., Inc., for the purchase of traffic signal supplies and related components; and
2. Authorize the Director of Administrative Services to issue a purchase order in the amount of $200,000; and
3. Authorize the City Manager or designee to extend the Goods Purchase Agreement with JTB Supply Co., Inc., for up to four additional one-year terms for an amount not to exceed $200,000 annually.
Executive Summary
The City of San Bernardino has approximately 275 traffic intersections comprised of various traffic signal components and hardware. Each traffic intersection requires routine inspection and maintenance which includes replacement and repair of components and related hardware. In order to maintain City infrastructure staff recommends authorizing a purchase order in the amount of $200,000 for traffic signal supplies and related components from JTB Supply Co., Inc. of Orange, CA.
Background
The Operations and Maintenance Division (O&M) of the Public Works Department is
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responsible for the maintenance, repair, beautification, and clean-up of City-owned infrastructure and rights of way. In conjunction with the Public Works Engineering Division, it is also responsible for ensuring the City’s traffic intersections are properly maintained, inspected, upgraded, and repaired as needed. Routine inspections and maintenance of traffic intersections is largely performed by in-house staff that are part of the Traffic and Lighting work section of the O&M Division.
Discussion
The City of San Bernardino has approximately 275 traffic intersections comprised of various traffic signal components and hardware. Each traffic intersection requires routine inspection and maintenance which includes replacement and repair of components and related hardware. In many instances, vandalism or traffic collisions at intersections may necessitate the repair and replacement of damaged components. Sun damage, wind, and end of component lifecycles are also contributing factors in the replacement of components and related hardware. Generally, the most critical traffic intersection supplies required for staff to have readily available or in stock will consist of signal heads, back plates, pedestrian buttons (ped), controller cabinets, red-yellow-green LED lights (in various sizes), conflict monitors, ADA ped buttons, to list a few. Some specialized items also required from time to time.
To ensure the City properly maintains and repairs its traffic intersection efficiently with industry standard components and hardware, staff is requesting $200,000 for traffic intersection signal supplies and related materials under this goods purchase agreement.
The Operations and Maintenance Division of Public Works worked with the Finance Department, and, in July of 2023, a formal bid process was initiated to solicit quotes for traffic signal supplies and related materials. Notices were posted on the City’s website.
The results of the bid opening yielded two qualified vendors as noted below. Both vendors have provided services to the City in the past. In reviewing the results of the bid solicitation, it was determined that JTB Supply Co, Inc. was the lowest vendor and was therefore selected as the winning vendor. It is important to note this purchase order will be set at $200,000 to allow for additional purchases should they be required.
To ensure the City continues operations uninterrupted and maintains costs within the same range, approval of the Goods Purchase Agreement authorizes a one-year agreement and four one-year extension options that would be executed administratively by staff. This is beneficial to the City, not just in cost, but also with reducing our administrative burden.
NAME OF BIDDER CITY UNIT COSTS
JTB Supply Co., Inc. Orange, CA $148,645.00
McCain, Inc. Anaheim, CA $174,555.70
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Staff are confident that JTB Supply Co, Inc. is qualified to provide the required traffic intersection signal supplies and related materials. The City has worked with JTB Supply Co., Inc. in the recent past and they have always provided quality products and timely services.
2021-2025 Strategic Targets and Goals
This project is aligned with Key Target No. 3c: Improved Quality of Life: To evaluate and enhance the quality of public safety service, and Key Target No. 3d: Improve the City’s appearance, cleanliness, and attractiveness. The goods and services agreement will ensure City traffic intersections are properly maintained and repaired as needed in all economic corridors, neighborhoods, major thoroughfares, and secondary streets.
Fiscal Impact
The General Fund impact is $200,000 and is appropriated in the FY 2023/24 budget.
This amount will need to be programmed annually for additional four 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 Purchase Agreement with JTB Supply Co., Inc., for the purchase of traffic signal supplies and related components; and
2. Authorize the Director of Administrative Services to issue a purchase order in the amount of $200,000; and
3. Authorize the City Manager or designee to extend the Goods Purchase Agreement with JTB Supply Co., Inc., for up to four additional one-year terms for an amount not to exceed $200,000 annually.
Attachments
Attachment 1 Goods Purchase Agreement
Attachment 2 Goods Purchase Agreement Exhibit C
Attachment 3 Summarized Cost Sheet
Attachment 4 Bid Documents– RFQ F-23-54
Ward
All Wards
Synopsis of Previous Council Actions
N/A
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CITY OF SAN BERNARDINO
GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this October 18, 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 JTB Supply Co., Inc., a CALIFORNIA CORPORATION with its principal place of business at 1030 N Batavia Street, Suite A, Orange, CA 92867 (“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 acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.
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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 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.
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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 the 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.” The 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 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.
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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.”
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).
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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.
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
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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:
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;
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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.
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
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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 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
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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 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.
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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:
JTB Supply Co., Inc.
1030 N Batavia Street, Suite A
Orange, CA 92867
Attn: Mindy Myers
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.
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.
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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 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 JTB SUPPLY CO., 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
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
JTB SUPPLY CO., INC
Signature
Name
Title
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Exhibit A
Goods Specifications
Description Quantity
(annual)
Cost per
Unit Total Cost
8” 3 Section Signal Head w/LED’s, Louvered Back
and Tunnel Visors 10 394 3,940
12” 3 Section Signal Head w/LED’s (RYG),
Louvered Back Plates and Tunnel Visors 40 407 16,280
8” Louver Back-Plates, 3 Section 10 47 470
12” Louver Back-Plates, 3 Section 30 42 1,260
12” 5 Section In-Line Signal Head w/LED’s
(RYG,YA, GA), Louvered Back Plates and Tunnel
Visors
10 682 6,820
12” 5 Section “Doghouse” Style (MAS) w/LED’s
(RYG,YA,GA), Louvered Back Plates and Tunnel
Visors
5 935 4,675
8” Tunnel Visors 100 16 1,600
12” Tunnel Visors 200 19 3,800
Pedestrian Housing (Clam Shell) Hand/Man w/LED 30 238 7,140 DC Isolator 222 25 43 1,075
Load Switch 200 100 24 2,400
Flasher 204 100 24 2,400
Detector 222 50 147 7,350
Ped-button, ADA 150 52 7,800
Ped-button Assembly w/ADA Button and directional
signs 100 123 12,300
Conflict Monitor 210 15 578 8,670
Conflict Monitor 2010 ECL 10 825 8,250
Framework (Bronze), SV-1-T (LOD) for 12” 3
section head 10 283 2,830
Framework (Bronze), SV-2-T for 12” 3 section
head 10 350 3,500
Framework (Bronze), TV-1-T (LOD) for 12 “ 3
section head 10 398 3,980
Framework (Bronze), TV-2-T for 12” 3 section
heads 10 467 4,670
Framework (Bronze), TV-2-T 12” 5 section
(LOD), 12” 3 section (ROD) 5 487 2,435
Framework (Bronze), SP-1-T 10 268 2,680
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Description Quantity
(annual)
Cost per
Unit Total Cost
Framework (Bronze), SP-2-T 10 332 3,320
8” Red LED 40 36 1,440
8” Yellow LED 12 40 480
8” Green LED 40 40 1,440
12” Red LED Ball 100 39 3,900
12” Yellow LED Ball 20 43 860
12” Green LED Ball 100 42 4,200
12” Red Arrows 50 47 2,350
12” Yellow Arrows 20 44 880
12” Green Arrows 50 46 2,300
Pedestrian Module Hand/Man (Count Down) 50 160 8,000
24VDC Power Supply 206 10 315 3,150
TOTAL VENDOR QUOTE $148,645
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Exhibit B
Delivery Schedule
Supplies must be ready to be delivered no longer than 30 days after orders are placed (notwithstanding national supply-chain issues).
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REQUEST FOR VENDOR QUOTES
FOR
CITY OF SAN BERNARDINO
FOR
TRAFFIC SIGNAL SUPPLIES
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-23-54
REQUEST FOR VENDOR PRICE QUOTES
PROJECT NO. RFQ F-23-54
TRAFFIC SIGNAL SUPPLIES
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 P.M., Thursday, August 10, 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 Traffic Signal Supplies (“Project/Equipment”). To serve and promote the welfare of its residents, the City intends to procure the Project/Equipment, as described below.
The City of San Bernardino is soliciting quotes for the purchase of Traffic Signal Supplies 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 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, Finance 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 July 24, 2023, by 3:00pm local time.
D. Meeting
There is no meeting
1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.
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E. Site Examination
Vendors may visit the City and its physical facilities to determine the local conditions which may in any way 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 August 10, 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” days.
7. Additional Costs to Perform Work/Services: The Vendor’s Quote is inclusive of all cost 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”
TRAFFIC SIGNAL SUPPLIES
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 soliciting bids for the purchase of Traffic Signal Supplies as specified in our Unit Price Sheet (Attachment C). Other requirements include the following:
•It is highly desired that the selected vendor must be able to provide ALL items in the listing below “Attachment C”; however, some flexibility will be allowed due to current national supply chain issues. •Warranty for all products and supplies (defects and/or shipping damages). Standard warranty for full replacement if damaged via shipping and/or minimum of one-year defect free.
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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.
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 acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.
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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 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
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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.
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 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
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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 $[***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.
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.
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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.
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.
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,
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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;
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.
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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.
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 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
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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
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 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.
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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: [***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.
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.
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.
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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.
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 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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Exhibit A
Goods Specifications
[ATTACHED]
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Exhibit B
Delivery Schedule
[ATTACHED]
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Exhibit C
Fee Schedule
[ATTACHED]
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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:
TRAFFIC SIGNAL SUPPLIES
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.
Description Quantity
(annual)
Cost per
Unit Total Cost
8” 3 Section Signal Head w/LED’s, Louvered Back
and Tunnel Visors 10
12” 3 Section Signal Head w/LED’s (RYG),
Louvered Back Plates and Tunnel Visors 40
8” Louver Back-Plates, 3 Section 10
12” Louver Back-Plates, 3 Section 30
12” 5 Section In-Line Signal Head w/LED’s
(RYG,YA, GA), Louvered Back Plates and Tunnel
Visors
10 12” 5 Section “Doghouse” Style (MAS) w/LED’s
(RYG,YA,GA), Louvered Back Plates and Tunnel
Visors
5 8” Tunnel Visors 100
12” Tunnel Visors 200
Pedestrian Housing (Clam Shell) Hand/Man w/LED 30
DC Isolator 222 25
Load Switch 200 100
Flasher 204 100
Detector 222 50
Ped-button, ADA 150
Ped-button Assembly w/ADA Button and directional
signs 100
Conflict Monitor 210 15
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Description Quantity
(annual)
Cost per
Unit Total Cost
Conflict Monitor 2010 ECL 10
Framework (Bronze), SV-1-T (LOD) for 12” 3
section head 10
Framework (Bronze), SV-2-T for 12” 3 section
head 10
Framework (Bronze), TV-1-T (LOD) for 12 “ 3
section head 10
Framework (Bronze), TV-2-T for 12” 3 section
heads 10
Framework (Bronze), TV-2-T 12” 5 section
(LOD), 12” 3 section (ROD) 5
Framework (Bronze), SP-1-T 10
Framework (Bronze), SP-2-T 10
8” Red LED 40
8” Yellow LED 12
8” Green LED 40
12” Red LED Ball 100
12” Yellow LED Ball 20
12” Green LED Ball 100
12” Red Arrows 50
12” Yellow Arrows 20
12” Green Arrows 50
Pedestrian Module Hand/Man (Count Down) 50
24VDC Power Supply 206 10
TOTAL VENDOR QUOTE
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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The term of this agreement will be from July 1, 2023 to Jun 30, 2024 WITH FOUR (4) 1 year option to extend.
Overall Pricing for Option Years MUST be indicated below:
OPTION YEAR OVERALL TOTAL COST (ALL ITEMS)
Option Year #1 July 1, 2024 to June 30, 2025 $
Option Year #2 July 1, 2025 to June 30, 2026 $
Option Year #3 July 1, 2026 to June 30, 2027 $
Option Year #4 July 1, 2027 to June 30, 2028 $
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Amendment No. 1 to Agreement with Infrastructure Engineers, A Bowman Company (Wards 1, 2, 3, 6 & 7)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the extension of Amendment No. 1 Professional Services Agreement with Infrastructure Engineers, A Bowman Company, until October 18, 2024, for construction management and inspections services for the creation and installation of Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue.
Executive Summary
Advanced Dilemma Zone Detection Systems improve safety by measuring vehicle speeds and flows and adjusting yellow-signal phases based on these observations to reduce rear-end crashes associated with unsafe stopping, and angle crashes due to vehicles illegally continuing into the intersection during the red phase.
This project involves the construction and installation of the Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue. The extension of the Professional Service Agreement will provide construction management and inspections services for the project and not lead to any costs beyond the amount initially awarded by the Mayor and the City Council.
Background
The Highway Safety Improvement Program (HSIP) is a core Federal-aid program with the purpose to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including roads not owned by the State and roads on tribal land. The HSIP requires a data-driven, strategic approach to improving highway safety on all
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public roads with a focus on performance.
The HSIP is legislated under Section 148 of Title 23, United States Code (23 U.S.C. 148) and regulated under Part 924 of Title 23, Code of Federal Regulations (23 CFR 924). The HSIP consists of three main components: the Strategic Highway Safety Plan (SHSP), State Highway Safety Improvement Projects (HSIP), and the Railway- Highway Crossing Program (RHCP). In addition, some states also have a High-Risk Rural Roads (HRRR) program if an area has had an increase of fatalities on rural roads.
The announcement for project submissions from HSIP Cycle 9’s came in May of 2018.
In August 2018, the City of San Bernardino submitted an application to obtain funding for construction and installation of an Advanced Dilemma Zone Detection System for 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue. On December 27, 2018, the City received a HSIP grant in the amount of $4,341,400 to carry out the project.
On June 19, 2019, the Mayor and City Council approved Resolution No. 2019-168 adopting the City’s Annual Operating Budget for Fiscal Year 2019/20. The budget included the Capital Improvement Plan (CIP) TC20-008 project to provide construction and installation of Advanced Dilemma Zone Detection systems at 49 signalized intersections on three corridors: Baseline Street, Mt. Vernon Avenue, and Highland Avenue; and established $4,341,400 in HSIP Grant funds to support the project. The Design for the project was completed in July 2021 by Iteris Corporation at a total cost of $339,547.
Discussion
On June 15, 2022, the Mayor and City Council awarded Infrastructure Engineers a Professional Services Agreement for overseeing construction management (CM) and inspection services related to the installation of the Advanced Dilemma Zone Detection system at 49 signalized intersections along three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue. Additionally, on the same date, Elecnor Belco Electric Inc. was granted a construction contract for implementing the improvements necessary for the dilemma zone project.
Following a pre-construction meeting held between City staff and the CM team, Elecnor Belco Electric Inc. requested the termination of their contract on September 13, 2022, citing price escalations for traffic signal poles, traffic signal controller cabinets, traffic signal controllers, software, conflict monitors, and additional labor cost increases.
Construction was subsequently delayed as these issues were being addressed.
Infrastructure Engineers’ responsibility for project oversight was placed on hold during this period while efforts were made to resolve Elecnor Belco Electric Inc.'s concerns.
After an extensive period of legal assistance provided by the City's legal team spanning from September 2022 to August 2023, along with consultations involving staff from Caltrans District 8 and the Federal Highway Administration, a consensus was reached.
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It was determined that the most favorable course of action for both the City and Elecnor Belco Electric Inc. was to proceed with the construction phase. With input from Caltrans District 8 staff, it was concluded that Elecnor Belco Electric Inc. had no valid grounds for requesting a cost increase prior to commencing construction. As a result, Caltrans recommended to proceed with the construction project in accordance with the original bid documents. Elecnor Belco Electric Inc. was duly notified of this decision, and a Notice to Proceed has been issued to initiate the procurement of materials for the project.
During the dispute, the Infrastructure Engineers' contract expired on June 15, 2023. To continue work on the project, it is recommended that the contract be extended to October 18, 2024.
The total design and construction cost for the project is estimated to be $4,340,947.
The design phase of the project was completed at cost amount of $339,547, leaving $4,001,400 for the construction cost. The overall construction costs of the project are as follows:
Construction Bid Amount $3,757,314.00
Construction Contingency $122,026.00
Construction Engineering & Inspections $122,060.00
Total Construction Project Cost $4,001,400.00
Total Design Cost $339,547.00
Total Construction Cost $4,001,400.00
Total Design and Construction Cost $4,340,947.00
Available Grant Fund Amount $4,341,400.00
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1d: Improved Operational & Financial Capacity – Create a framework for spending decisions. Approval of this resolution will result in the execution of public improvements which minimize risk and litigation exposure by upgrading the existing traffic signals on various arterials within the City.
Fiscal Impact
There is no General Fund impact associated with this item. The extension of the proposed term also has no impact on the cost of the project.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the extension of Amendment No. 1 Professional Services Agreement with Infrastructure Engineers, A Bowman Company, until October 18, 2024,
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for construction management and inspections services for the creation and installation of Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue.
Attachments
Attachment 1 Amendment No. 1 to Agreement – Infrastructure Engineers Attachment 2 Professional Services Agreement with Infrastructure Engineers Ward:
First Ward; Second Ward; Third Ward; Sixth Ward; Seventh Ward Synopsis of Previous Council Actions:
June 19, 2019 Mayor and City Council adopted Resolution No. 2019-168 approving Capital Program FY 2019/20.
June 15, 2022 Mayor and City Council awarding Professional Services Agreement to Infrastructure Engineers for construction
management and inspection services for the installation of advanced dilemma zone detection at 49 intersections to on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue.
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AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
INFRASTRUCTURE ENGINEERS, A BOWMAN COMPANY
This Amendment No. 1 to the Professional Services Agreement for project management services is made and entered into as of October 18, 2023, by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Infrastructure Engineers, a Bowman Company a California corporation (“Consultant”).
City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
A. WHEREAS, the City and Consultant have entered into an agreement dated June 15, 2022, for the purpose of providing construction management and inspections services for the construction and installation of Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue (the “Master Agreement”);
B. WHEREAS the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended through October 18, 2024, unless earlier terminated.
3. Amendment to Section 6 of the Master Agreement. The last sentence of Section 6 of the Master Agreement shall be amended to read as follows:
“The total duration of the Agreement, including the exercise of any options, shall not exceed October 18, 2024.”
4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this
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Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH INFRASTRUCTURE ENGINEERS, A BOWMAN COMPANY
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
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
CONSULTANT
INFRASTRUCTURE ENGINEERS, a
BOWMAN COMPANY
Signature
Name
Title
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 18, 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: Employment Agreement for the Position of City
Manager
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Mayor to execute an employment agreement for the position of City Manager with Charles A. Montoya to commence on October 30, 2023.
Executive Summary
Approving an employment agreement for the position of City Manager, effective October 30, 2023.
Background
On October 11, 2023, the Mayor and City Council discussed and provided direction to prepare an Employment Agreement appointing Charles A. Montoya as the City Manager effective October 30, 2023, for approval on October 18, 2023.
Discussion
The employment agreement presented in Exhibit "A" sets forth the terms of employing the City Manager with a commencement date of October 30, 2023, and continuing for a term of three (3) years. Other terms regarding additional benefits and standard employment provisions are set forth in the employment agreement. 2021-2025 Strategic Targets and Goals
The authorization to execute the employment agreement aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community.
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Fiscal Impact
The costs of salary and benefits for the City Manager are included in the FY 2023/24 Operating Budget
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Mayor to execute an employment agreement for the position of City Manager with Charles A. Montoya to commence on October 30, 2023.
Attachments
Attachment 1: Exhibit “A” – City Manager Employment Agreement Attachment 2 – Resume
Ward:
All Wards
Synopsis of Previous Council Actions:
On October 11, 2023, the appointment of Charles A. Montoya was approved with direction to prepare and present an employment agreement on October 18, 2023.
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CITY MANAGER EMPLOYMENT AGREEMENT
This City Manager Employment Agreement (“Agreement”) is entered into as of the 18th day of October, 2023 (the “Effective Date”), between the City of San Bernardino (hereinafter referred to as the “City”) and Charles Montoya (hereinafter referred to as the “City Manager” or the “Employee”). City and City Manager/Employee are sometimes referred to in this Agreement as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, it is the desire of the Mayor and City Council of the City to retain the services of Employee as City Manager; and
WHEREAS, Employee is competent, trained and qualified for the position of City Manager; and
WHEREAS, it is the desire of the Mayor and City Council to provide certain benefits, establish certain conditions of employment and to set certain working conditions of the City Manager.
NOW, THEREFORE, the above named Parties hereby mutually agree and promise as follows:
1. Duties, Acceptance of Appointment, Hours of Work, Regional Liaison.
1.1 Duties.
The City Manager shall perform those duties and have those responsibilities that are commonly assigned to a city manager of a city in California, and as may be further set forth in the City’s Charter and Municipal Code. City Manager shall perform such other legally permissible and proper duties and functions consistent with the Office of the City Manager, as the Mayor and City Council shall from time to time assign. It is expected that City Manager shall abide by the ICMA Code of Ethics. City Manager is encouraged to participate in community and civic affairs.
1.2 Acceptance of Appointment.
City Manager hereby accepts the appointment as City Manager of the City of San Bernardino subject to all terms and conditions set forth in this Agreement.
1.3 Hours of Work
It is recognized that City Manager devotes a great deal of time outside the normal office hours-schedule, and to that end, Employee shall be allowed to establish an
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appropriate work schedule recognizing the normal City work schedule and community meetings.
1.4 Devotion to City Business
The City Manager’s position is full-time. City Manager shall not engage in any business, educational, professional, charitable, or other activities that would conflict or materially interfere with performance of his City Manager duties, except as may be specifically authorized by the Mayor and City Council.
2. Term.
This Agreement shall be for a term of three (3) years commencing from and after October 30, 2023 (“Commencement Date”), and ending at midnight Pacific standard time on October 30, 2026, unless terminated earlier in accordance with Section 11.
3. Compensation.
3.1 Salary
City agrees to pay City Manager, and City Manager agrees to accept from City, as compensation for services rendered by City Manager pursuant to this Agreement, an annual base salary, commencing on the Commencement Date, the annual base salary shall be in the amount of Three Hundred and Twenty Five Thousand Dollars ($325,000.00) (hereinafter “Annual Base Salary”), payable in installment payments in the same manner and at the same times as salaries of other executive managers of the City are paid.
Commencing October 30, 2023 and each year thereafter, said Annual Base Salary shall be automatically increased by the percentage change to the Consumer Price Index for All Urban Consumers (CPI–U) for the Riverside-San Bernardino-Ontario area for the preceding 12 months ending in July (subject to a 5% maximum cap) (“CPI Increase”).
The term “Annual Base Salary” as used in this Agreement shall also include any such adjustments approved by the Mayor and City Council other than payments not eligible to be added to the City Manager’s Annual Base Salary pursuant to the terms of any applicable salary resolution of City.
Agreement.
Any salary adjustment shall be memorialized by an amendment to this
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3.2 Benefits
Except for such benefits as are inconsistent with this Agreement (including, for example any CPI Increase) or the position of City Manager, City Manager shall receive all such other benefits and compensation that are generally applicable to new Executive employees of the City as set forth in the Executive Compensation and Benefits Plan approved by Resolution No. 2022-59 (as amended by the Side Letter executed October 18, 2022), as the same may be modified from time to time after the date of this Agreement, including but not limited to CalPERS retirement benefits, health insurance, life insurance, holidays, administrative leave, vacation leave, executive leave, and sick leave. In the event the City Manager’s employment is terminated, either voluntarily or involuntarily, the City Manager shall be compensated for accrued leave in accordance with the Executive Compensation and Benefits Plan.
3.3 Relocation Benefit
City Manager shall receive a one-time relocation benefit of up to $10,000 to cover the costs associated with relocating to work for the City. Such relocation benefit shall be payable to City Manager upon presentation of receipts showing expenses related to City Manager’s relocation.
4. Performance Evaluation.
The Mayor and Council shall review the City Manager’s job performance at least once annually. The City Manager shall remind the Mayor and Council of its obligations under this Section each year and shall work with the Mayor and Council in finding an appropriate time to place his annual evaluation on the agenda. The Mayor and Council shall in writing and in accordance with criteria established by the Mayor and Council in consultation with the City Manager, develop the annual performance reviews and evaluations. The Mayor and Council shall provide the City Manager a reasonable and adequate opportunity to discuss the City Manager's evaluation with the Mayor and Council.
The annual performance reviews and evaluations shall be reasonably related to the City Manager's written job description and shall be based, in whole or in part, on goals for the City Manager's performance that are jointly developed and adopted by the Mayor and Council and the City Manager.
5. Bonds.
City shall bear the full cost of any fidelity or other bonds required of City Manager under any law or ordinance.
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6. Vehicle Allowance.
City agrees to pay to the City Manager, during the term of this Agreement and in addition to other salary and benefits herein provided a vehicle allowance as provided in Resolution No. 2018-171 as amended or its successor.
7. [Intentionally Omitted]
8. General Business Expenses
8.1 City agrees to budget and pay for professional dues and subscriptions for City Manager necessary for Employee’s continuation and participation in national, regional, state and local boards, task-forces, conferences and meetings, associations and organizations desirable for City Manager’s continued participation, professional growth, and advancement, and for the benefit of the City.
8.2 City agrees to budget and pay for travel and subsistence expenses of City Manager for professional and official travel, board and task-force meetings, conferences, and occasions to adequately continue the professional development of City Manager and to pursue necessary official functions for City.
8.3 City recognizes that the City Manager may incur expenses of a non- personal, job-related nature that are reasonably necessary to the City Manager’s service to the City. The City agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted in accordance with the City’s normal expenditure reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by documentation meeting the City’s normal requirements and must be submitted within time limits established by the City.
9. Abuse of Office or Position.
Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if City Manager is convicted of a crime involving an abuse of Employee’s office or position, all of the following shall apply: (1) if Manager is provided with administrative leave pay pending an investigation, City Manager shall be required to fully reimburse City such amounts paid; and (2) if City pays for the criminal legal defense of City Manager (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), City Manager shall be required to fully reimburse City such amounts paid; and (3) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the termination that City Manager may receive from City shall be fully reimbursed to City or void if not yet paid to City Manager. For purposes of this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code.
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10. Notices.
Any notice required or permitted by this Agreement shall be in writing and shall be personally served upon the other Party, or sent by United States Postal Service, postage prepaid and addressed to the appropriate Party as follow:
If to City: Attn: Mayor and City Council
City of San Bernardino
If to City Manager: Personal Address on File
City Manager
Notice shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.
11. Termination.
11.1 At-Will Employee
City Manager shall serve at the will and pleasure of the Mayor and City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Mayor and City Council to suspend from duty, remove from office or otherwise terminate the services of City Manager at any time, at the sole discretion of the Mayor and City Council. This Agreement may be terminated as follows.
11.2 Termination – Mayor and Council Vote
The Mayor and City Council may remove the City Manager with or without cause by motion adopted by five (5) affirmative votes of the Mayor and City Council.
11. 3 Resignation
City Manager may voluntarily resign his position as City Manager, after giving City at least sixty (60) days written notice prior to the effective date of such resignation, unless such notice is waived in whole or part by the Mayor and City Council.
In the event the City Manager resigns from his employment with City, the City Manager shall not be entitled to any Severance Pay.
11.4 Death
If, during the Term or any extended Term, the City Manager dies, the City Manager’s estate shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment, including Severance Pay.
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11.5 Disability
In the event the City Manager is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, or mental incapacity for a period of six (6) consecutive months, the City may terminate the City Manager’s employment and this Agreement.
11.6 For Cause Termination
The City Council may remove the City Manager For Cause at any time without prior notice by motion adopted by the affirmative votes of a majority of the City Council. “For Cause” for purposes of this Agreement shall mean any of the following:
(a) Conviction of, or plea of guilty or nolo contendre to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the City or on the City Manager’s reputation;
(b) Gross misconduct which is likely to have a material adverse impact on the City or on the City Manager’s reputation;
(c) Proven failure of the Manager to observe or perform any of his duties and obligations, if that failure continues for a period of thirty (30) days from the date of his receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure; or
(d) Any other action or inaction by the City Manager that materially and substantially impedes or disrupts the performance of the City and its organizational component units, is detrimental to employee or public safety, violates properly established rules or procedures, or adversely affects the reputation of the City, its officers, or its employees.
11.7 Severance Pay
In the event this Agreement is terminated pursuant to Section 11.2 of this Agreement, the City Manager shall receive a severance payment, in a lump sum, equal to twelve (12) months of City Manager’s then monthly Base Salary or, if lesser, an amount equal to the Annual Base Salary remaining on the unexpired term of the contract (“Severance Pay”). Such severance payment shall be City Manager’s sole remedy for termination under Section 11.2 of this Agreement. The Severance Pay shall only be paid after the City Manager executes a waiver and release agreement prepared by the City Attorney in a form substantially similar to that one set forth as Exhibit “A” to this Agreement. Government Code section 53260 provides that all contracts of employment with a city manager must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary multiplied by the number of months left on the unexpired term.
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City Manager shall not be eligible for Severance Pay if this Agreement is terminated for any reason other than pursuant to Section 11.2 of this Agreement.
12. General Provisions.
12.1 This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written representations or written agreements on the subject matter hereof, which may have been entered into between the parties. No modification or revision to this Agreement shall be of any force or effect, unless the same is in writing and executed by the Parties hereto.
12.2 Each Party agrees and acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any Party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either Party.
12.3 If any provision, or portion thereof, contained in the Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
12.4 This Agreement shall be governed by and construed in accordance with the law of the State of California. Venue shall be in San Bernardino County.
12.5 This Agreement shall be construed as a whole, according to its fair meaning, and not in favor or against any Party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit or against the Party responsible for any particular language in this Agreement.
12.6 City Manager acknowledges that he has had an opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.
12.7 In any dispute arising out of this Agreement, the prevailing party shall recover its reasonable attorneys’ fees and costs.
13. Other Terms and Conditions of Employment
The City, only upon written agreement with City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Code, or any other law, ordinance or City Resolution.
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14. Indemnification
14.1 City shall defend, hold harmless and indemnify City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the performance of City Manager’s duties or resulting from the exercise of his judgment or discretion in connection with the performance of his duties, unless the act or omission involved unlawful conduct. City shall not unreasonably refuse to provide for legal representation at City’s expense. Legal representation, provided by City for City Manager, shall extend until a final determination of the legal action including any and all losses, damages, judgment, interests, settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings, including appeals, and including attorneys’ fees, and expert witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by such City Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of City Manager’s duties.
14.2 City agrees to pay all reasonable litigation expenses of City Manager throughout pendency of any City-related litigation to which City Manager is a party, witness or advisor to the City. Such expense payments shall continue beyond City Manager’s employment with the City as long as litigation is pending. Post-employment, City agrees to pay City Manager for reasonable consulting fees, travel expenses and other costs, when City Manager serves as a witness, advisor or consultant to City regarding pending litigation.
IN WITNESS WHEREOF, the parties have executed this City Manager Employment Agreement on this th day of October, 2023.
EMPLOYEE/CITY MANAGER
CHARLES MONTOYA, City Manager
CITY OF SAN BERNARDINO
HELEN TRAN, Mayor
ATTEST:
City Clerk
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EXHIBIT A – TEMPLATE WAIVER AND RELEASE
Exhibit “A”
GENERAL WAIVER AND RELEASE
I, the undersigned, do hereby acknowledge and attest that I have read and understood Section 11.7 of my Employment Agreement with the City of San Bernardino and hereby agree that by accepting Severance Pay in the amount of twelve (12) months’ or, if lesser, an amount equal to the Annual Base Salary remaining on the unexpired term of the Agreement, I agree to waive all rights to further claims, remedies, or legal action against the City of San Bernardino, its officers and employees.
In exchange for receipt of the Severance Pay, and all other salary and benefits owing, I and my representatives, heirs, successors, and assigns do hereby completely release and forever discharge the City of San Bernardino and its related entities and their present and former officers, directors, council members, agents, employees, attorneys, and successors (collectively, “Released Parties”) from all claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character, known or unknown, mature or unmatured, which I may have now or in the future arising from any act or omission or condition occurring on or prior to the date this General Waivers and Release is signed whether based on tort, contract (express or implied), or any federal, state, or local law, statute, or regulation (collectively, the “Released Claims”). Released Claims shall also include, but not be limited to, claims for wages or other compensation due, severance pay, bonuses, sick leave, vacation pay, life or health insurance, or any other fringe benefit. This General Waivers and Release specifically releases and waives any and all claims arising out of my employment and separation from employment with the City of San Bernardino, including but not limited to claims arising under the California Fair Employment and Housing Act (“FEHA”), the California Labor Code, the California Family Rights Act (“CFRA”), the California Constitution, federal Title VII of the Civil Rights Act of 1964, as amended, the federal Age Discrimination in Employment Act (“ADEA”), the federal Equal Pay Act (“EPA”), the federal Americans with Disabilities Act (“ADA”), the federal Fair Labor Standards Act (“FLSA”), the federal Family and Medical Leave Act (“FMLA”), tort and contract claims, privacy claims, and any other applicable state, federal, local or other laws that may apply.
I knowingly and voluntarily waive any and all rights or benefits that I may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.
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EXHIBIT A – TEMPLATE WAIVER AND RELEASE
I acknowledge that I have read and understand this waiver and voluntarily and knowingly am waiving his right under Section 1542 to pursue unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of any kind that may have materially affected this General Waivers and Release.
Unless otherwise required by law, I shall not file any claim, sue or initiate an action against any Released Party or participate in any compliance review, action, or proceeding, individually or as a member of a class, under any contract (express or implied), or any federal, state, or local law, statute, or regulation pertaining in any manner to the Released Claims.
By signing this Agreement, I certify that Employee has read all of this Agreement, understands its terms and conditions, and knowingly and voluntarily consents to such terms. Employee acknowledges that the Company has advised Employee in writing to consult with an attorney before signing this Agreement. Employee certifies that Employee has been given at least twenty-one (21) days to consider this Agreement, and that Employee’s signature below indicates either that Employee has taken twenty-one (21) days to consider this Agreement, or has knowingly and voluntarily waived some or all of this consideration period. In addition, Employee has seven (7) days from the date of signing this Agreement to revoke the Agreement, after which the Agreement will become final and binding (which shall be deemed the “Effective Date” of this Agreement). If Employee does not execute and return this Agreement upon expiration of the twenty-one (21) day period, the Agreement and any severance payment offer it contains shall be deemed rescinded and no longer offered to Employee.
Approved and Agreed to By:
CHARLES MONTOYA, City Manager
CITY OF SAN BERNARDINO
HELEN TRAN, Mayor
[DO NOT SIGN]
[FOR TEMPLATE PURPOSES ONLY]
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DISCUSSION
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Mary Lanier Interim Agency Director of Community, Housing, and Economic Development
Department: Community, Housing, and Economic Development Subject: San Bernardino Regional Housing Trust Letter of Intent
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Receive and file presentation from San Bernardino Council of Governments; and
2. Authorize the City to join the San Bernardino Regional Housing Trust by submitting a Letter of Intent to the San Bernardino Council of Governments.
Executive Summary
The recommended action is for the Mayor and City Council to listen to a Regional Housing Trust presentation from the San Bernardino Council of Governments that highlights the purpose and benefits of the City joining a Regional Housing Trust, which would give the City a competitive edge when applying for various funding which is needed to increase the development of affordable housing in the City.
The submission of a Letter of Intent to the San Bernardino Council of Governments serves as the initial step in becoming a member of the San Bernardino Regional Housing Trust. Participation in the Regional Housing Trust does not financially obligate the City in any way.
Background
In response to increasing concern around the region’s housing shortage, the San Bernardino Council of Governments (SBCOG) City/County Managers Technical Advisory Committee (CCMTAC) determined that an ad hoc Committee was needed to explore the feasibility of implementing a housing trust for the San Bernardino region.
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On January 4, 2023, SBCOG approved the establishment of an ad hoc committee to review the governance structure of the proposed Regional Housing Trust.
On January 23, 2023, the ad hoc committee met to discuss governance structure options and voted to proceed with SBCOG’s staff recommendations to establish a separate Joint Powers Authority (JPA) for the Regional Housing Trust. It was recommended that the JPA be its own separate legal entity known as the San Bernardino Regional Housing Trust (SBRHT) and be made up of member agencies with a non-profit component that would enable the SBRHT to solicit and accept private donations. The purpose of SBRHT is to attract significant funding and affordable housing interest into the San Bernardino Region. The goals of the SBRHT are to:
•Attract affordable housing developers.
•Increase/preserve the region’s affordable housing supply. •Increase equitable access to community resources.
•Provide financial relief for vulnerable and cost burdened households. •Protect against displacement, overcrowding, and poor housing conditions.
On April 5, 2023, SBCOG authorized the following:
•The process of establishing a San Bernardino Regional Housing Trust; •The process of establishing a new JPA;
•Hiring necessary consultants upon receipt of award of Regional Early Action Planning (REAP) 2.0 funds; and
•Direction for its staff to work with the housing trust ad hoc committee to develop recommendations for SBCOG Board’s consideration on policy decisions regarding the establishment of a Regional Housing Trust.
SBCOG will utilize Southern California Association of Governments (SCAG) REAP
2.0 funds once awarded to initiate and implement the new JPA. This includes all studies, research, analysis, legal action/fees, etc. to be funded by REAP 2.0. Qualified staffing will be selected through a procurement process that will likely include member agency staff.
Discussion
The HOME Investment Partnerships Program (HOME) is administered by the United States Department of Housing and Urban Development (HUD) and is the largest federal block grant to state and local governments designed exclusively to create affordable housing for low-income households. HOME funds are awarded annually as formula grants to participating jurisdictions, and funding can be used to perform a wide range of activities including building, buying, and/or rehabilitating affordable housing for rent or homeownership or providing direct rental assistance to low-income people.
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On average, the City receives approximately $1.4 million in HOME funds annually. This amount is not nearly enough to create the level of affordable housing needed in the City. According to the SCAG 2021-2029 6 th cycle Regional Housing Needs Assessment (RHNA) Report, the County needs 8,832 affordable housing units to meet its housing demand, but specifically, the City has a future housing need of 1,415 units for very low-income units, of which half (703 units) are the projected need for extremely low-income households.
A Housing Trust is created to provide the following:
•Raise funds for new construction of affordable and workforce housing •Affordable housing preservation or rehabilitation
•Financing for the purchase of land
•Transitional and supportive housing
•Pre-development loans
•Down payment assistance
•Community land trust
The above listed items would be offered to the City should it decide to join the San Bernardino Regional Housing Trust. There are several benefits to joining a Regional Housing Trust that include flexible gap financing, pooled funding to preserve and produce affordable housing in the City, strengthening the financial viability of individual housing projects and programs, and increasing each project’s competitiveness for additional state and federal funding sources. Additionally, a Housing Trust works with a variety of government and philanthropic groups to attract more housing funds to the San Bernardino region.
Joining the SBRHT would allow the City the opportunity to work with other jurisdictions’ policy makers who have submitted a Letter of Intent to SBCOG’s Board to participate in SBHRT. To date, there are eleven (11) jurisdictions that have provided a Letter of Intent:
•City of Colton
•City of Fontana
•City of Needles
•City of Ontario
•City of Rancho Cucamonga
•City of Redlands
•City of Rialto
•City of Twentynine Palms
•City of Yucaipa
•City of Yucca Valley
•County of San Bernardino
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The first step in becoming a member of the SBRHT is to submit a Letter of Intent (LOI), signed by the City Manager, to the San Bernardino Council of Governments. The LOI does not financially obligate the City or commit the City to remaining in the SBRHT; it only serves to communicate the City’s interest in becoming a member. 2021-2025 Strategic Targets and Goals
Joining a Regional Housing Trust aligns with Strategic Target No. 3: Focused, Aligned Leadership and Unified Community as a Regional Housing Trust would allow the City to expand its funding pool and the resources necessary to increase affordable housing.
Joining a Regional Housing Trust also aligns with Strategic Target No. 4 - Improved Quality of Life. According to the 2021-2029 6 th cycle Regional Housing Needs Assessment (RHNA) Report, the City is in need of 1415 affordable housing units for low- and very low-income residents.
Fiscal Impact
There is no financial impact in expressing the City’s intent to join a Regional Housing Trust. Should the City enter a Memorandum of Understanding (MOU) with SBCOG to administer a Housing Trust the annual administrative fee would be approximately $26,000 (based on population size).
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Receive and file presentation from San Bernardino Council of Governments; and
2. Authorize the City to join the San Bernardino Regional Housing Trust by submitting a Letter of Intent to the San Bernardino Council of Governments.
Attachments
Attachment 1: Regional Housing Trust Fund Slide Deck
Attachment 2: Regional Housing Trust Letter of Intent
Ward:
All Wards
Synopsis of Previous Council Actions:
Feb 1, 2023 The City declared a Homelessness State of Emergency, which is exacerbated by the lack of affordable housing.
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1 SBCTA/SBCOG in Collaboration with
Regional Housing Trust
San Bernardino Region
MARCH 2023
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2 What is a Housing
Trust?01
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3 Housing Trust Overview
A program
or
organization
that raises
funding for:
New Construction of Affordable & Workforce Housing
Affordable Housing Preservation or Rehabilitation
Financing for the Purchase of Land
Transitional and Supportive Housing
Pre-Development Loans
Down Payment Assistance
Community Land Trusts
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4 Housing Trust Benefits
Flexible
Source of
Gap
Financing
• Revolving
Loan Funds
Ability to
Compete
for State
Funds
• Local
Housing
Trust
Program
Targeted
Solutions
for
Regional
Issues
• Workforce
Housing
Ability to
Pool
Resources
• Helps funds
go further
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5 Housing Trust Vision and Goals
• Attract affordable housing developers.
• Increase/preserve the region’s affordable
housing supply.
• Increase equitable access to community
resources.
• Provide financial relief for vulnerable and
cost-burdened households.
• Protect against displacement and poor
housing conditions
Attract significant
funding and
affordable housing
development
interest into the
San Bernardino
region.
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6 Why Do We Need a
Housing Trust?02
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7 Why are we here?
Household Overcrowding
(more than 1 persons per bedroom)
• The Region has Census tracts with concentrations
of more than 20% of households that experience
overcrowded.
Household Overpayment
(spending more than 30% of income on housing
costs)
• Renters are especially cost burdened
• The Region has Census tracts where more than
80% of renters are burdened by the cost of
housing.
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8 Why are we here?
Poverty
(varies by number of people per household – a family
of 4 [2 adults and 2 children] are considered to live in poverty if they earn less than $27k per year)
• The Region has Census tracts with concentrations
of more than 40% of households living below the
poverty level
Cost of Transportation
(as a percent of total household income)
• Regional average transportation cost is 27%
• Regional average combined housing and
transportation cost is 59%
Tax Credit - Higher Resource Areas
(higher resource areas are more competitive for
accessing TCAC funds for affordable housing)
• Most areas in the region fall within the moderate
to low resource categories.
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9 5th Cycle 6th Cycle
Lower-Income Moderate/ Above Moderate-Income
22,663
34,543
2,216
25,220
5th Cycle RHNA Compared to Units Permitted
San Bernardino County
RHNA Units Permitted
10%
of Lower-
Income
RHNA
Achieved
Lower-Income Moderate/ Above Moderate-Income
57,570
80,540
6th Cycle RHNA Allocation
San Bernardino County
RHNA
Increase
of 140%
73%
of Mod/Above
Mod-Income
RHNA
Achieved
Regional Housing Needs Assessment (RHNA) Cycles
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10 Steps Taken To Date03
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11 Strategic Plan
Outreach
Summary
Housing Need
Analysis
Funding
Opportunity
Analysis
Housing Trust
Activities
Affordable
Housing and
Project Pipeline
Inventory
Local Funding
Gap Analysis
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12 Outreach Summary
Outreach to all SBCOG member jurisdictions
Individual meetings with 15+ member jurisdictions
Letters of Interest Received from 11 member jurisdictions Interviews with outside organizations
• Orange County Housing Finance Trust
• County of Orange
• San Gabriel Valley Regional Housing Trust
• Inland SoCal Housing Collective
• San Diego Innovative Housing Trust
Group Presentations
• SBCOG Board and Ad-Hoc Committee
• City/County Managers
• Planning Directors
• City Councils
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13 Funding Opportunity Analysis
Grant
Funding
Pursuits
Member
Agency
Revolving
Loan Fund
• Interest gained
over time
Nonprofit
Component
• Private
Donations
VMT
Mitigation
Bank
Earmark
Funds
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15 Local Funding Gap Analysis
5 Recently Completed Developments
• 445 affordable units created
• $247,258,861 total investment
• Local funding share is 33% total project cost
4 Pipeline Projects
• 321 affordable units
• $146,880,151 total investment
• Local funding share is 35% total project cost
*Local funds provide a notable financing layer that closes the affordable housing development gap.
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16 Housing Trust Structure04
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17 Purpose and Structure
§ Includes the following:
§ Vision
§ The San Bernardino Regional Housing Trust will attract significant funding and affordable housing development interest into the San Bernardino region. Through strong participatory governance, member jurisdictions will increase the region’s affordable housing supply, reduce household overcrowding, increase equitable access to community resources, and provide financial relief for vulnerable and cost-burdened households. § Goals
§ Increase/preserve region’s affordable housing supply
§ Attract affordable housing developers
§ Increase housing opportunities
§ Protect against displacement and poor housing conditions
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18 A program
or
organization
that raises
funding for:
New Construction of Affordable Housing
Affordable Housing Preservation or Rehabilitation
Community Land Trusts
Workforce Housing
Pre-Development Loans
Down Payment Assistance
Financing for the Purchase of Land
Programming Priorities
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19 Administration05
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20 Proposed JPA Board of Directors Composition
§ Board of Directors:
§ One Director perJurisdiction (elected or designee by the jurisdictions’ appointed body)
§ Alternates for each Director position
§ Members could be incentivized to join as founding members
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21 Administration
MOU with SBCOG to Administer Housing Trust
§ Staffing
§ Executive Director and agency staff
§ Independent contractors, agents, volunteers, and consultants § Treasurer and Auditor/Controller
§ Lumped in with COG Annual Audits
§ Attorney
§ Account Set Up
§ Need to establish accounts and subaccounts in commercial banking institutions
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22 Cost of the Trust06
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23 Projected Cost
§ $315,000 Annual Operating Budget (this option totals $315k) Population Annual Admin Fee
Up to 25,000 $26,000
25,001 – 50,000 $30,000
50,001 – 100,000 $32,000
250,001+ $35,000
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24 Visualizing How it
Works07
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28 Next Steps08
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29 Steps to Establish a Regional Housing Trust
Identify Participating Jurisdictions
Draft Administrative Plan (based on grant
criteria)
REAP 2.0 Funding Application
Establish a Joint Powers Authority (JPA)
Adopt an Administrative Plan
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30 Schedule
October November December January February March April May • CCMTAC
• Letters of
Interest
• CCMTAC
• GPC
• MVSS
• Mtn/ Desert
Committee
• Board
• Ad-Hoc
Committee
• Board • Establish
JPA
• (Ongoing)
• REAP 2.0
Application
• Launch
Housing
Trust
• (Ongoing)
2022
2023
City Council Presentations – Letters of Interest
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31 Thank you
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290 North D St, San Bernardino, CA 92401 | P: 909-384-5122 | F: 909-384-5138 | www.SBCity.org Office of the City Manager | Charles E McNeely, City Manager
LETTER OF INTENT
July 19, 2023
Raymond Wolfe, Executive Director
San Bernardino Council of Governments
1170 W. Third Street, 2nd Floor
San Bernardino, California
92410
RE: INTEREST IN PARTICIPATING IN SAN BERNARDINO REGIONAL HOUSING TRUST Dear Mr. Wolfe,
The City of San Bernardino is interested in participating in the San Bernardino Regional Housing Trust (SBRHT) to be established by the San Bernardino Council of Governments (SBCOG). Through the SBHRT, the City of San Bernardino intends to further the SBHRT’s goal to attract significant funding and affordable housing development interest into the San Bernardino region.
The City of San Bernardino anticipates that SBCTA/SBCOG will administer SBRHT and that each participating Party shall make annual contributions toward the budgeted administrative costs of SBRHT.
In return, SBRHT will provide services and support to the region and its Parties to carry out the purpose of SBRHT.
This letter of interest is not a commitment, and we are providing this letter only to further the planning for the establishment of the SBRHT. Final commitment to join the SBHRT will be subject to City Council approval, funding availability, and other factors.
Should you have any questions regarding the City of San Bernardino’s interest, please contact Cassandra Searcy at [email protected] or at 909-210-7767.
Thank you.
Sincerely,
Charles E McNeely
Interim City Manager
On behalf of the City of San Bernardino
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DISCUSSION
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Introduction of Ordinance No. MC-1622: Floodplain Ordinance (FPO) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by title, and waive further reading of Ordinance No. MC- 1622: adopting a new Chapter 8.79 of the City of San Bernardino municipal code; adopting flood hazard maps; designating a floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal code.
Executive Summary:
The goal and objective is to adopt the latest floodplain regulations per state and federal agencies in order for the City of San Bernardino (the “City”) to remain in the National Flood Insurance Program. The National Flood Insurance Program (NFIP) is administered by the Federal Emergency Management Agency (FEMA) and enables property owners in participating communities to purchase insurance in exchange for state and community floodplain management regulations to reduce exposure to flooding and lessen the financial burden during disaster events. In order to remain in the NFIP, the City of San Bernardino is required to adopt a floodplain ordinance in accordance with FEMA and the Department of Water Resources (DWR) requirements. These requirements can be found in the Background and Discussion parts of this report.
Background
The U.S. Congress established the National Flood Insurance Program (NFIP) with the passage of the National Flood Insurance Act of 1968. The NFIP is administered by the Federal Emergency Management Agency (FEMA) and enables property owners in participating communities to purchase insurance in exchange for state and community floodplain management regulations to reduce exposure to flooding and lessen the financial burden during future disaster events. Jurisdictions such as the City may participate in the NFIP subject to certain ongoing federal and state
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requirements. The NFIP is based on a mutual agreement between the Federal Government and communities such as the City. Communities that participate agree to regulate development in mapped flood hazard areas according to certain criteria and standards as stated above. The partnership involves: flood hazard maps, flood insurance, and regulations as presented above and in the proposed ordinance attached.
Discussion
The City applied for and was accepted into the NFIP on July 16, 1979. Since that time, the City has been required to meet state and federal requirements in order to continue to participate. These requirements include Title 44, Parts 59 and 60, of the Code of Federal Regulations. The Code of Federal Regulations (CFR) Title 44 is a codified set of U.S. federal laws and regulations issued by federal agencies of the United States regarding emergency management and assistance, including insurance and hazard mitigation, fire prevention and control, disaster assistance, and emergency preparedness.
In addition, the City is required by California Health and Safety Code, Division 13, Parts 1.5 and 2.5, to administer and enforce the California Building Standards Code, as adopted and modified by the City. The California Building Standards Code contains certain provisions related to the design and construction of buildings and structures in flood hazard areas.
Both state and federal regulations in this area continue to be updated. In order to remain in the NFIP, the City is required to adopt and implement a Floodplain Ordinance (Ordinance) in accordance with FEMA and the Department of Water Resources (DWR) requirements. These requirements can be found in the Ordinance document that was created through joint effort from both agencies (attached).
Currently, Chapter 19.16 of the City’s Municipal Code has a floodplain section in Chapter 19.16, FP (Flood Plain Overlay) Zone. In order to continue to remain enrolled in NFIP, the City needs to incorporate an updated version reflecting the new floodplain management regulations (attached). The attached Ordinance MC-1622 implements the needed changes to the Chapter, by repealing and replacing Chapter
19.16 in its entirety. These changes include the following list of items:
•recognizing flood hazards in community planning
•adopting and enforcing flood maps and a flood damage prevention ordinance •requiring permits for all types of development in the floodplain •assuring that building sites are reasonably safe from flooding •establishing base flood elevations (BFE) where not determined on Flood Insurance Rate Map (FIRM)
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•requiring new and substantially improved homes and manufactured homes to be elevated above the BFE
•requiring non-residential buildings to be elevated above the BFE or dry flood- proofed
•determining if damaged buildings are substantially damaged •conducting field inspections
•citing and issuing remedy violations
•requiring and maintaining surveyed elevation information to document compliance
•carefully considering requests for variances
•resolving non-compliance and violations of floodplain management requirements
•advising and working with FEMA and the State when updates to flood maps are needed
•maintaining records for review
•responding to periodic requests for reports to FEMA
The projected date for the effective date of the FIRM and Flood Insurance Study (FIS) is September 28, 2023. This date is subject to change and not final as the date is dependent of when the Letter of Final Determination is sent to the City. Per DWR, the City will have six months after the Letter of Final Determination until maps become effective. A FIS is a report containing detailed flood elevation data in flood profiles, maps, and data tables; this is compiled once a flood study is performed for NFIP. A FIRM is the official community map showing special flood hazard areas and risk premium zones.
2021-2025 Strategic Targets and Goals
Adoption of this Ordinance aligns with the City’s Guiding Principles, as set forth in the 2020-2025 “Key Strategic Targets and Goals” document. In particular, the Ordinance furthers:
•Key Target No. 1: Financial Stability. This action will help enable property owners to purchase federally backed flood insurance to provide financial protection against flood losses, reduce potential hazards, and minimize the risks associated with flooding.
•Key Target No. 3: Improved Quality of Life. Specifically, updating the Flood Plain Overlay zone as reflected in Chapter 19.16 of the City’s Municipal Code will help the City maintain its enrollment in the NFIP, which will in turn help protect public health, safety, and general welfare by ensuring the City remains up to date with applicable federal and state floodplain laws and regulations.
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Fiscal Impact
There is no fiscal impact to the City‘s General Fund as a result of this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by title, and waive further reading of Ordinance No. MC-1622:
adopting a new Chapter 8.79 of the City of San Bernardino Municipal Code; adopting flood hazard maps; designating a floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal code.
Attachments
Attachment 1 – Ordinance No. MC-1622
Attachment 2- Email Communications
Attachment 3-Presentation Powerpoint
Ward:
All Wards
Synopsis of Previous Council Actions:
None
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Ordinance No. MC-1622
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9 ORDINANCE NO. MC-1622
AN ORDINANCE BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO ADOPTING A NEW
CHAPTER 8.79 OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE; ADOPTING FLOOD HAZARD MAPS;
DESIGNATING A FLOODPLAIN ADMINISTRATOR; AND
REPEALING CHAPTER 19.16 OF THE CITY OF SAN
BERNARDINO MUNICIPAL CODE.
WHEREAS, the Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of San Bernardino and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and
WHEREAS, the City of San Bernardino was accepted for participation in the National Flood Insurance Program on July 16, 1979, and the Mayor and City Council of the City of San Bernardino desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part 1.5 and Part 2.5, the City of San Bernardino is required to administer and enforce the California Building Standards Code, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas; and WHEREAS, the Mayor and City Council of the City of San Bernardino has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the California Building Standards Code.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Adoption of Chapter 8.79. Chapter 8.79 of Title 8 of the San Bernardino Municipal Code is hereby adopted to read in its entirety as follows:
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9 “CHAPTER 8.79
FLOODPLAIN MANAGEMENT
PART I. – SCOPE AND ADMINISTRATION
ARTICLE 101 GENERAL PROVISIONS
8.79.010 - Title. This chapter, in combination with the flood provisions of California Code of Regulations Title 24, the California Building Standards Code (hereinafter “building codes,” consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related codes), shall be known as the Floodplain Management Regulations of the City of San Bernardino.
8.79.020 - Statutory authority. The legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
8.79.030 - Scope. The provisions of this chapter, in combination with the flood provisions of the building codes, shall apply to all proposed development entirely or partially in flood hazard areas established in Section 8.79.110 of this chapter.
8.79.040 – Purposes and objectives. The purposes and objectives of this chapter and the flood load and flood resistant construction requirements of the building codes are to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
a) Minimize unnecessary disruption of commerce, access and public service during times of flooding.
b) Require the use of appropriate construction practices in order to prevent or minimize future flood damage.
c) Manage the alteration of natural floodplains, stream channels and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain. d) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential.
e) Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
f) Contribute to improved construction techniques in the floodplain. g) Minimize damage to public and private facilities and utilities.
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9 h) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
i) Minimize the need for rescue and relief efforts associated with flooding. j) Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
k) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
l) Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
8.79.050 - Coordination with the California Building Standards Code. Pursuant to the requirement established in State statute that the City of San Bernardino administer and enforce the California Building Standards Code, the Mayor and City Council of the City of San Bernardino hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, this chapter is intended to be administered and enforced in conjunction with the building codes.
8.79.060 - Warning. The degree of flood protection required by this chapter and the building codes is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of this chapter and the building codes does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise this chapter to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this chapter.
8.79.070 - Disclaimer of liability. These regulations shall not create liability on the part of Mayor and City Council of the City of San Bernardino, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damage that results from reliance on this chapter, or any administrative decision lawfully made hereunder. The Floodplain Administrator and any employee charged with the enforcement of this chapter, while acting for the community in good faith and without malice in the discharge of the duties required by this chapter or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by a legal representative of the community until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that
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9 is instituted in pursuance of the provisions of this chapter.
8.79.080 - Other laws. The provisions of this chapter shall not be deemed to nullify any provisions of local, State or federal law.
8.79.090 - Abrogation and greater restrictions. These regulations supersede any ordinance in effect in flood hazard areas. However, this chapter is not intended to repeal, abrogate, or impair any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes, nor any existing easements, covenants, or deed restrictions. In the event of an overlap or conflict between this chapter and any other ordinance, code, regulation, easement, covenant, or deed restriction, the more restrictive shall govern.
ARTICLE 102 APPLICABILITY
8.79.100 - General applicability. These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land; filling, grading and other site improvements; installation of utilities; installation, placement and replacement of manufactured homes; placement of recreational vehicles; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; certain building work exempt from permit under the building codes; and flood control projects.
8.79.110 - Establishment of flood hazard areas. The Flood Insurance Study for the County of San Bernardino, California and Incorporated Areas dated July 16, 1979, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are hereby adopted by reference as a part of this chapter and serve as the basis for establishing flood hazard areas. Where the building code establishes flood hazard areas, such areas are established by this section. Additional maps and studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood hazard areas. Maps and studies that establish flood hazard areas are on file at the following address: 825 E Third St. San Bernardino, CA 92415, County of San Bernardino, Department of Public Works.
8.79.120 - Interpretation. In the interpretation and application of this chapter, all provisions shall be:
a) Considered as minimum requirements.
b) Liberally construed in favor of the governing body.
c) Deemed neither to limit nor repeal any other powers granted under state statutes.
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9 ARTICLE 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
8.79.130 - Designation. The City Engineer is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate the performance of certain duties to other employees.
8.79.140 - General authority. The Floodplain Administrator is authorized and directed to administer and enforce this chapter. The Floodplain Administrator shall have the authority to render interpretations of this chapter and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of this chapter and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Article 107 of this chapter. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this chapter but that are not required to be prepared by a qualified California (CA) Licensed Land Surveyor or Civil Engineer when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this chapter.
8.79.150 - Coordination. The Floodplain Administrator shall coordinate with and provide comments to the Building Official to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of this chapter. The Floodplain Administrator and the Building Official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 8.79.170 of this chapter.
8.79.160 - Duties. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall:
a) Review all permit applications and plans to determine whether proposed development is located in flood hazard areas.
b) Review all applications and plans for development in flood hazard areas for compliance with this chapter.
c) Review, in coordination with the Building Official, required design certifications and documentation of elevations specified by the building code to determine that such certifications and documentations are complete.
d) Review applications and plans for modification of any existing development in flood hazard areas for compliance with this chapter.
e) Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
f) Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
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9 g) Determine whether additional flood hazard data shall be obtained from other sources or developed by the applicant.
h) Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobil home Installations when submitted by applicants. i) Review requests submitted to the Building Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Article 107 of this chapter.
j) Coordinate with the Building Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
k) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available. l) Require applicants who propose alteration of a watercourse to notify adjacent communities and the NFIP State Coordinating Agency, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA). m) Inspect development in accordance with Article 106 of this chapter and inspect flood hazard areas to determine when development is undertaken without issuance of permits. n) Prepare comments and recommendations for consideration when applicants seek variances for development other than buildings in accordance with Article 107 of this chapter.
o) Cite violations in accordance with Article 108 of this chapter. p) Notify FEMA when the corporate boundaries of the City of San Bernardino have been modified and provide a map and legal description of the changes in the corporate boundaries.
8.79.170 - Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
a) Estimate the market value or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building
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9 or structure shall be the market value before the damage occurred and before any repairs are made.
b) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure. c) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
d) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.
8.79.180 - Department records. In addition to the requirements of the building code and this chapter, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this chapter and the flood provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and this chapter; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this chapter and the flood resistant provisions of the building codes.
ARTICLE 104 PERMITS FOR FLOODPLAIN DEVELOPMENT
8.79.190 - Permits required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make an application to the Floodplain Administrator and shall obtain the required permit for floodplain development. No permit shall be issued until compliance with the requirements of this chapter and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on Conditional Letters of Map Revision issued by FEMA. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine a permit for floodplain development is required in addition to a building permit.
8.79.200 - Application for permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. The information provided shall:
a) Identify and describe the development to be covered by the permit. b) Describe the land on which the proposed development is to be conducted by legal
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c) Indicate the use and occupancy for which the proposed development is intended. d) Be accompanied by a site plan and construction documents as specified in Article 105 of this chapter, including grading, excavation and filling plans and other information deemed appropriate by the Floodplain Administrator.
e) State the valuation of the proposed work.
f) Be signed by the applicant or the applicant's authorized agent. g) Include such other data and information required by the Floodplain Administrator to demonstrate compliance with this chapter.
8.79.210 - Validity of permit. The issuance of a permit for floodplain development under this chapter or the building codes shall not be construed to be a permit for, or approval of, any violation of this chapter, the building code, or any other ordinance of the community. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of this chapter.
8.79.220 - Other permits required. The applicant shall obtain all other required state and federal permits prior to initiating work authorized by this chapter and shall provide documentation of such permits to the Floodplain Administrator. Such permits include but are not limited to the California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
8.79.230 - Expiration. A permit for floodplain development shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences.
Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each unless FEMA has issued notification of revision to the Flood Insurance Rate Study and Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid.
8.79.240 - Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit for floodplain development issued under this chapter wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this chapter or any ordinance or code of this community.
8.79.250 - Appeals of decisions. When it is alleged, there is an error in any decision or determination made by the Floodplain Administrator in the interpretation or enforcement of this chapter, such decision or determination may be appealed to the Council, Commission, and
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ARTICLE 105 SITE PLANS AND CONSTRUCTION DOCUMENTS
8.79.260 - Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this chapter shall be drawn to scale and shall include, as applicable to the proposed development:
a) Delineation of flood hazard areas; floodway boundaries and flood zone(s); base flood elevation(s); ground elevations; proposed filling, grading, and excavation; and drainage patterns and facilities when necessary for review of the proposed development. b) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 8.79.270 or Section
8.79.280 of this chapter.
c) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 8.79.270(b) of this chapter.
d) Location of the proposed activity and proposed structures; locations of water supply, sanitary sewer, and other utilities; and locations of existing buildings and structures. e) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. f) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.
g) Existing and proposed alignment of any proposed alteration of a watercourse.
8.79.270 - Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator is authorized to:
a) Require the applicant to include base flood elevation data prepared by a qualified CA Licensed Civil Engineer in accordance with currently accepted engineering practices.
Such analyses shall be performed and sealed by a qualified CA Licensed Civil Engineer.
Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant. b) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.
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1) Require the applicant to include base flood elevation data in accordance with Section 8.79.270(a) of this chapter; or
2) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. d) Where the base flood elevation data are to be used to support a request for a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.
8.79.280 - Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this chapter, the applicant shall have the following analyses signed and sealed by a qualified CA Licensed Civil Engineer for submission with the site plan and construction documents:
a) For development activities proposed to be located in a floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 8.79.290 of this chapter and shall submit the Conditional Letter of Map Revision, when issued by FEMA, with the site plan and construction documents.
b) For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the Flood Insurance Study or on the FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
c) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices that demonstrates the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood- carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section
8.79.290 of this chapter. The applicant shall notify the chief executive officer of adjacent communities and the California Department of Water Resources. The Floodplain Administrator shall maintain a copy of the notification in the permit records and shall
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8.79.290 - Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.
ARTICLE 106 INSPECTIONS
8.79.300 - Inspections, in general. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this chapter or the building code.
Inspections presuming to give authority to violate or cancel the provisions of this chapter or the building code or other ordinances shall not be valid.
8.79.310 - Inspections of development other than buildings and structures. The Floodplain Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under this chapter. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.
8.79.320 - Inspections of manufactured homes installations. The Floodplain Administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under this chapter. Upon installation of a manufactured home and receipt of the elevation certification required in Section 8.79.580 of this chapter the Floodplain Administrator shall inspect the installation or have the installation inspected.
8.79.330 - Buildings and structures. The Building Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:
a)Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the building official.
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ARTICLE 107 VARIANCES
8.79.340 - Nature of variances. The considerations and conditions for variances set forth in this article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be issued for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. The issuance of a variance is for floodplain management purposes only. Federal flood insurance premium rates are determined by the National Flood Insurance Program according to actuarial risk and will not be modified by the granting of a variance.
It is the duty of the Mayor and City Council of the City of San Bernardino to promote public health, safety and welfare and minimize losses from flooding. This duty is so compelling and the implications of property damage and the cost of insuring a structure built below flood level are so serious that variances from the elevation or other requirements in the building codes should be quite rare. The long term goal of preventing and reducing flood loss and damage, and minimizing recovery costs, inconvenience, danger, and suffering, can only be met when variances are strictly limited. Therefore, the variance requirements in this chapter are detailed and contain multiple provisions that must be met before a variance can be properly issued. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
8.79.350 – Variances; general. The Development Review Committee (DRC) shall hear and decide requests for variances from the strict application of this chapter.
8.79.360 - Limitations on authority. The Development Review Committee (DRC) shall base its determination on technical justifications submitted by applicants, the considerations and conditions set forth in this article, the comments and recommendations of the Floodplain Administrator and Building Official, as applicable, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of this chapter and the building code.
8.79.370 - Records. The Floodplain Administrator shall maintain a permanent record of all variance actions, including justification for issuance.
8.79.380 - Historic structures. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic structure upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure.
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8.79.390 - Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analyses required in Section 8.79.280(a) of this chapter.
8.79.400 - Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the criteria in Section 1612 of the building code (CCR Title 24 Part 2) or Section R322 of the residential code (CCR Title 24 Part 2.5) are met, as applicable, and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damages during the base flood and create no additional threats to public safety.
8.79.410 - Considerations for issuance of variances. In reviewing applications for variances, all technical evaluations, all relevant factors, all other requirements of this chapter and the building code, as applicable, and the following shall be considered:
a) The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
b) The danger to life and property due to flooding or erosion damage. c) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners. d) The importance of the services provided by the proposed development to the community. e) The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable. f) The compatibility of the proposed development with existing and anticipated development. g) The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
h) The safety of access to the property in times of flood for ordinary and emergency vehicles. i) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, if applicable, expected at the site. j) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.
8.79.420 - Conditions for issuance of variances. Variances shall only be issued upon:
a) Submission by the applicant of a showing of good and sufficient cause that the unique
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b) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable. c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or future property owners, or conflict with existing local laws or ordinances.
d) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
e) When the request is to allow construction of the lowest floor of a new building or substantial improvement of a building below the base flood elevation, notification to the applicant in writing over the signature of the Floodplain Administrator specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that issuance of a variance to construct below the elevation required in the building code will result in increased premium rates for federal flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the required elevation increases risks to life and property.
ARTICLE 108 VIOLATIONS
8.79.430 - Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of the elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this chapter or the building code, is presumed to be a violation until such time as required documentation is submitted. Violation of the requirements shall constitute a misdemeanor.
8.79.440 - Authority. The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner’s agent, or to the person or persons doing the work for development that is not within the scope of the building codes, but is regulated by this chapter and that is determined to be a violation.
8.79.450 - Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. Penalties, fines, and remediation fees will be determined by Public Works Department on case-by-case basis.
PART II. – DEFINITIONS
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8.79.460 – General. The following words and terms shall, for the purposes of this chapter, have the meanings shown herein. Where terms are not defined in this chapter and are defined in the building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 2.5), such terms shall have the meanings ascribed to them in those codes. Where terms are not defined in this chapter or the building code, such terms shall have ordinarily accepted meanings such as the context implies.
8.79.470 - Definitions
“Accessory Structure” means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage. “Alteration of a watercourse” means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. “ASCE 24” means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA.
Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code. “Base flood” means the flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in CCR Title 24 Part 2.]
”Base flood elevation” means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in CCR Title 24 Part 2.] “Basement” means, for the purpose of floodplain management, the portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in CCR Title 24 Part 2.] “Building code” means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:
(1) Part 2, applicable to buildings and structures other than dwellings within the scope of this part.
(2) Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.
(3) Part 10, applicable to existing buildings (as defined in that code). (4) Other specified codes.
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(1) Area with a flood plain subject to a 1-percent or greater chance of flooding in any year. (2) Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.
“Design flood elevation” means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet (610 mm). [Also defined in CCR Title 24 Part 2.] “Development” means any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations, flood control projects, and other land-disturbing activities. “Encroachment” means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
"Exceptional hardship" means, for the purpose of variances from this chapter or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before July 16, 1979.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
“Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land from:
(1) The overflow of inland or tidal waters.
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(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.
(2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated.
“Flood Insurance Rate Map (FIRM)” means an official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the community. [Also defined in CCR Title 24 Part 2.]
”Flood Insurance Study” means the official report provided by the Federal Emergency Management Agency containing the Flood Insurance Rate Map (FIRM), the Flood Boundary and Floodway Map (FBFM), the water surface elevation of the base flood and supporting technical data. [Also defined in CCR Title 24 Part 2.]
“Floodplain Administrator” means the community official designated by title to administer and enforce the floodplain management regulations.
“Floodway” means the channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Also defined in CCR Title 24 Part 2.] "Fraud or victimization" means, for the purpose of variances from this chapter or the building code, the intentional use of deceit to deprive another of rights or property, making a victim of the deprived person or the public. As it pertains to buildings granted variances to be constructed below the elevation required by the building code, future owners or tenants of such buildings and the community as a whole may bear the burden of increased risk of damage from floods, increased cost of flood insurance, and increased recovery costs, inconvenience, danger, and suffering. “Functionally dependent use” means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities
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9 necessary for the loading or unloading of cargo or passengers, and shipbuilding or ship repair facilities. The term does not include long-term storage, manufacture, sales or service facilities. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. "Historic structure" means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on the inventory of historic places maintained by the California Office of Historic Preservation; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by the California Office of Historic Preservation.
“Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. (2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
“Light-duty truck” means, as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
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(2) Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or
(3) Available with special features enabling off-street or off-highway operation and use. “Lowest floor” means the lowest floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the building codes. [Also defined in CCR Title 24 Part 2.]
“Manufactured home” means a structure that is transportable in one or more sections, built on a permanent chassis, designed for use as a single-family dwelling with or without a permanent foundation when connected to the required utilities, and constructed to the Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development. Also see definitions in Health and Safety Code sections18000.(a)(2) and 18001.(a).
For the purposes of floodplain management, the term also includes mobile homes and recreational vehicles, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “Market value” means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this chapter, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by one of the following methods: (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) a qualified independent appraiser. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after July 16, 1979.
"Nuisance" means that which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. “Permit for floodplain development” means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to
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“Recreational vehicle” means a vehicle that is built on a single chassis, 400 square feet (37.16 m2) or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use when it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. Also see definitions in Health and Safety Code section 18010. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Special flood hazard area (SFHA)" means the land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE, or V1-30. [Also defined in CCR Title 24 Part 2.] “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. [Also defined in CCR Title 24 Part 2.] “Substantial improvement” means any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. When the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in CCR Title 24 Part 2.]
(1) Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. “Utility and Miscellaneous Group U” means buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code.
“Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited and where specific enforcement would result in exceptional hardship.
“Violation” means a development that is not fully compliant with this chapter or the flood provisions of the building code, as applicable.
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PART III. – FLOOD RESISTANT DEVELOPMENT
ARTICLE 301 BUILDINGS AND STRUCTURES
8.79.480 - Requirements for buildings and structures in flood hazard areas. Applications for building and structures within the scope of the building code that are proposed in flood hazard areas shall comply with the applicable requirements of the building code.
8.79.490 – Detached garages and accessory storage structures. Detached garages and accessory storage structures used only for parking or storage are permitted below the base flood elevation provided the garages and accessory storage structures:
a) Are one story and not larger than 600 square feet in area when located in special flood hazard areas.
b) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. c) Have flood openings in accordance with the building code. d) Have flood damage-resistant materials used below the base flood elevation. e) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation.
8.79.500 - Utility and Miscellaneous Group U. Utility and miscellaneous Group U includes buildings that are accessory in character and miscellaneous structures not classified in any specific occupancy in the building code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, fences more than 6 feet (1829 mm) high, grain silos (accessory to a residential occupancy), greenhouses, livestock shelters, private garages, retaining walls, sheds, stables, and towers. In addition to the building code requirements for fire and life safety, the following shall apply to utility and miscellaneous Group U buildings and structures in flood hazard areas:
a) New construction and substantial improvement of such buildings and structures shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions of the design flood. b) New construction and substantial improvement of such buildings and structures, when fully enclosed by walls, shall be elevated such that the lowest floor, including basement, is elevated to or above the design flood elevation in accordance with ASCE 24 or shall be dry floodproofed in accordance with ASCE 24.
c) Unless dry floodproofed, fully enclosed areas below the design flood elevation shall be constructed in accordance with ASCE 24 and limited to parking, storage, and building access.
d) When fully enclosed by walls, flood openings shall be installed in accordance with ASCE
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e) Flood damage-resistant materials shall be used below the design flood elevation. f) Mechanical, plumbing and electrical systems, including plumbing fixtures, shall be located or installed in accordance with ASCE 24.
ARTICLE 302 SUBDIVISIONS
8.79.510 - Minimum requirements. Subdivision proposals in flood hazard areas, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:
a) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.
b) All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage in accordance with Section 8.79.520 and Section 8.79.530 of this chapter, as applicable, and appropriate codes.
c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.
8.79.520 - Subdivision requirements. In addition to the requirements of Section 8.79.510 of this chapter, where any portion of proposed subdivisions, including proposals for manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
a) The flood hazard area, including floodways, as appropriate, shall be delineated on preliminary subdivision plats.
b) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 8.79.270(a) of this chapter.
c) When, as part of a proposed subdivision, fill will be placed to support buildings, the fill shall be placed in accordance with the building code and approval of the subdivision shall require submission of as-built elevations for each filled pad certified by a licensed land surveyor or registered civil engineer.
ARTICLE 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
8.79.530 - Minimum requirements. All proposed development in flood hazard areas shall be reviewed to determine that:
a) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.
b) Where the proposed development has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in
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c) All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage. d) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.
8.79.540 - Sanitary sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.
8.79.550 - Water supply facilities. All new and replaced water supply facilities shall be designed in accordance with the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the systems.
8.79.560 - Development in floodways. Development, site improvements and land disturbing activity involving fill or regrading shall not be authorized in the floodway unless the floodway encroachment analysis required in Section 8.79.280(a) of this chapter demonstrates the proposed work will not result in any increase in the base flood level during occurrence of the base flood discharge.
8.79.570 - Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures, fill shall comply with the requirements of the building code. The placement of fill intended to change base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs shall be subject to the requirements of Section 8.79.290 of this chapter.
ARTICLE 304 INSTALLATION OF MANUFACTURED HOMES
8.79.580 - Installation. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the Business and Professions Code and shall comply with the requirements of the Department of Housing and Community Development (HCD) and the requirements of this chapter. In addition to permits pursuant to this chapter, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes. Upon completion of installation and prior to the final inspection by the Floodplain Administrator, the installer shall submit certification of the elevation of the manufactured home, prepared by a licensed land surveyor or registered civil engineer, to the Floodplain Administrator.
8.79.590 - Foundations. All new and replacement manufactured homes, including substantial improvement of manufactured homes installed in flood hazard areas shall be installed on
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Foundations for manufactured homes subject to Section 8.79.620 of this chapter are permitted to be reinforced piers or other foundation elements of at least equivalent strength.
8.79.600 - Anchoring. All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring are authorized to include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind loads and seismic loads.
8.79.610 - General elevation requirement. Unless subject to the requirements of Section
8.79.620 of this chapter, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the lowest floor, or bottom of the lowest horizontal member of the lowest floor, as applicable to the flood hazard area, is at or above the base flood elevation.
8.79.620 - Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 8.79.610 of this chapter, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as a result of flooding has occurred, shall be elevated such that either the:
a) Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the flood hazard area, is at or above the base flood elevation. b) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade.
8.79.630 - Flood damage-resistant materials. Materials below elevated manufactured homes shall comply with the flood-damage resistant materials requirements of Section R322 of the residential code (CCR Title 24 Part 2.5).
8.79.640 - Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the enclosed area requirements of Section R322 of the residential code (CCR Title 24 Part
2.5).
8.79.650 - Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the lowest floor or bottom of the lowest horizontal structural member of the manufactured home, as applicable to the flood hazard area.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are
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8.79.610 or Section 8.79.620, as applicable, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
ARTICLE 305 RECREATIONAL VEHICLES
8.79.660 - Temporary placement. Recreational vehicles in flood hazard areas, shall be placed on a site for less than 180 consecutive days or shall be fully licensed and ready for highway use.
Ready for highway use means the recreational vehicle is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, such as rooms, stairs, decks and porches.
8.79.670 - Permanent placement. Recreational vehicles that do not meet the limitations in Section 305-1 for temporary placement shall meet the requirements of Article 304 for manufactured homes.
ARTICLE 306 OTHER DEVELOPMENT
8.79.680 - General requirements for other development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this chapter or the building code, shall:
a) Be located and constructed to minimize flood damage. b) Meet the limitations of Section 8.79.560 of this chapter when located in a regulated floodway.
c) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. d) Be constructed of flood damage-resistant materials.
e) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of the building code for wet locations.
8.79.690 - Tanks. Tanks that serve buildings shall comply with the requirements of the building code. Underground and above-ground tanks that serve other purposes shall be designed, constructed, installed and anchored in accordance with ASCE 24.
8.79.700 - Requirements for temporary structures and temporary storage in flood hazard areas. Temporary structures shall be erected for a period of less than 180 days and temporary
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a) Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters. b) Temporary stored materials shall not include hazardous materials. c) The requirements of Section 8.79.560 of this chapter, when located in floodways.
8.79.710 - Fences in floodways. Fences in floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section
8.79.560 of this chapter.
8.79.720 - Oil derricks. Oil derricks located in flood hazard areas shall be designed in conformance with flood loads required by the building code.
8.79.730 - Retaining walls, sidewalks and driveways in floodways. Retaining walls and sidewalks and driveways that involve placement of fill in floodways shall meet the limitations of Section 8.79.560 of this chapter and the requirements for site grading in Chapter 18 of the building code.
8.79.740 - Roads and watercourse crossings in floodways. Roads and watercourse crossings that encroach into floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side shall meet the limitations of Section 8.79.560 of this chapter. Alteration of a watercourse that is part of work proposed for a road or watercourse crossing shall meet the requirements of Section 8.79.280(c) of this chapter.
8.79.750 - Swimming pools. Above-ground swimming pools, on-ground swimming pools, and in- ground swimming pools that involve placement of fill in floodways shall meet the requirement of Section 8.79.560 of this chapter.
ARTICLE 307 FLOOD CONTROL PROJECTS
8.79.760 - Flood control projects; general. In addition to applicable Federal, State and other local permits, a permit for floodplain development is required for construction of flood control projects.
The purpose for the permit is to examine the impact on flood hazard areas, floodways, and base flood elevations shown on the FIRM. Unless otherwise authorized by separate regulations, issuance of this permit does not address the sufficiency of the structural elements of the proposed flood control project. Permits for floodplain development and building permits in areas affected by proposed flood control projects shall not be issued based on Conditional Letters of Map
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8.79.770 - Flood control projects; applications. Applications for permits for flood control projects shall include documentation including but not limited to:
a) Site plan or document showing the existing topography and the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations shown on the FIRM. b) Site plan or document showing the proposed topography and the proposed changes to the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations. c) The documentation submitted to FEMA for a Conditional Letter of Map Revision (CLOMR) and, if issued, the Conditional Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant. A CLOMR is required when a proposed flood control project alters a floodway and increases base flood elevations more than greater than 0.00 feet, or alters a watercourse a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated and increases base flood elevations more than 1.0 foot.”
SECTION 3. Applicability. For the purposes of jurisdictional applicability, this Ordinance shall apply in the City of San Bernardino. This Ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this Ordinance.
SECTION 4. Chapter 19.16 Repealed. Chapter 19.16 (FP (Flood Plain Overlay) Zone) of the San Bernardino Municipal Code is hereby repealed.
SECTION 5. Inclusion into the San Bernardino Municipal Code. It is the intent of the City Council of the City of San Bernardino that the provisions of this Ordinance shall become and be made a part of the San Bernardino Municipal Code, and that the sections of this Ordinance may be renumbered or re-lettered and the word “ordinance” may be changed to “section,” “article,” “regulation,” or such other appropriate word or phrase in order to accomplish such intentions.
SECTION 6. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared.
SECTION 7. Effective Date. This Ordinance shall become effective 30 days after the date of its adoption.
SECTION 8. 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.
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9 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested to by the Clerk this ___ day of __________________, 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia R. Carvalho, City Attorney
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9 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-1622, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 18 th day of October, 2023. Ordinance No. MC-1622 was approved, passed and adopted at a regular meeting held 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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INTRODUCTION: FLOODPLAIN
ORDINANCE (FPO)
Presented by
City of San Bernardino
Public Work Department
October 18, 2023
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Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by title, and waive further reading of the following Ordinance:
Ordinance No. MC-___: AN ORDINANCE BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A
NEW CHAPTER 8.79 OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE; ADOPTING FLOOD HAZARD MAPS;
DESIGNATING A FLOODPLAIN ADMINISTRATOR; AND
REPEALING CHAPTER 19.16 OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE.
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National Flood Insurance Program
• Purpose
• Enables property owners in participating communities
to purchase flood insurance.
• Background
• Established by the U.S. Congress through the
National Flood Insurance Act of 1968.
• Administered by the Federal Emergency Management
Agency (FEMA).
• Partnership / mutual agreement between the Federal
Government and State and local governments.
• City applied and was accepted into the NFIP on July
16, 1979.
• FEMA and State Dept. of Water Resources (DWR)
last updated the regulations in August 2020.
• City last updated the Floodplain Ordinance on
January 2, 2014.
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• Requirements
• Jurisdictions must adopt the latest floodplain regulations and a floodplain ordinance.
• Regulations must be in accordance with FEMA and DWR
requirements.
• Process
• Repealing Chapter 19.16 of the City Municipal Code, which contains outdated floodplain regulations.
• Adopt a new Chapter 8.79 of the City Municipal Code for the up-to-date Floodplain Ordinance.
• Adopt Flood Insurance Rate Map and Flood Insurance Study when finalized by DWR.
• Designate City Engineer to be the Floodplain Administrator.
National Flood Insurance Program
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Adopting and enforcing flood maps and a flood damage prevention ordinance. Recognizing flood hazards in community planning.
Requiring permits for all types of development in the floodplain. Assuring that building sites are reasonably safe from flooding. establishing base flood elevations (BFE) where not determined on Flood Insurance Rate Map.
Requiring new and substantially improved homes and manufactured homes to be elevated above the BFE.
Requiring non-residential buildings to be elevated above the BFE or dry flood-proofed.
Proposed Regulations
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Determining if damaged buildings are substantially damaged. Conducting field inspections.
Citing and issuing remedy violations.
Requiring and maintaining surveyed elevation information to document compliance. Carefully considering requests for variances
Resolving non-compliance and violations of floodplain management requirements. Advising and working with FEMA and the State when updates to flood maps are needed. Maintaining records for review.
Responding to periodic requests for reports to FEMA.
Proposed Regulations
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There is no fiscal impact to the City‘s General Fund as a result of this action.
Fiscal Impact
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Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by title, and waive further reading of the following Ordinance:
Ordinance No. MC-___: AN ORDINANCE BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A
NEW CHAPTER 8.79 OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE; ADOPTING FLOOD HAZARD MAPS;
DESIGNATING A FLOODPLAIN ADMINISTRATOR; AND
REPEALING CHAPTER 19.16 OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE.
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Questions?
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DISCUSSION
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely; Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Amendment No. 1 to Memorandum of Understanding for Temporary License between the City of San Bernardino
and the San Bernardino City Unified School District, and Southern California Gas Company; and Approve a Task
Order for Design Services for the Cross Street Bridge
Emergency Replacement (Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 1 to the Memorandum of Understanding (“MOU”) for the Temporary License between the City of San Bernardino and the San Bernardino City Unified School District and Southern California Gas Company (“SoCal Gas”) for use of property on Fairfax Elementary School; and
2. Authorize the Agency Director of Administrative Services to approve a task order for design services to the City’s on-call consultant, IMEG Consultants Corp., in the amount of $190,190 for the Cross Street Bridge Emergency Replacement project.
Executive Summary
There are two actions requested in this staff report.
(1) Approval of Amendment No. 1 to the current MOU is a crucial step as it allows for the temporary use of Fairfax Elementary School's property for the installation of a temporary utility gas line. This is a required step before the demolition of the Cross Street Bridge.
(2) Authorize the Agency Director of Administrative Servies to approve a task order for design services by IMEG Consultants Corp., the City's on-call consultant, for the final design and permitting activities for the new Cross Street bridge
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construction.
These two actions will ensure successful completion of the project, with efficient temporary utility services and a seamless transition to bridge construction, benefiting the City of San Bernardino and its residents.
Background
In late February 2023, the vehicular bridge located at 1367 Cross Street was condemned due to fire damage. Subsequently, the bridge was closed to both vehicular and pedestrian traffic. Given the emergency nature of the situation, the City's on-call consultant, IMEG, was promptly issued a task order for conducting structural assessments and preliminary design work, in accordance with City Municipal Code, Section 3.04.030.
The bridge is situated over the flood control channel and serves as the sole access point to a small residential neighborhood. The condemnation of the bridge following the fire incident resulted in a total loss of access, including for emergency services, to the neighborhood, creating an urgent situation. In response to these conditions, the City evaluated available options and determined that the open field within the northeastern part of the adjacent property belonging to Fairfax Elementary School, could be utilized to establish a temporary access route from East 17th Street to North Fairfax Drive. With the cooperation of the San Bernardino City Unified School District (SBCUSD), a temporary access road was constructed that connects North Fairfax Drive to East 17th Street through the school property. Access was promptly provided upon the bridge's closure.
On April 19, 2023, the City Council officially approved an MOU between the SBCUSD and the City to allow temporary access until the restoration of the bridge.
Discussion
The Cross Street Bridge spans the Del Rosa Channel, which is operated and maintained by the San Bernardino County Flood Control District (SBCFCD).
Consequently, the City is required to obtain a permit for the construction of the newly proposed bridge. The City has collaborated with the (SBCFCD) and has submitted the proposed plans for permit issuance.
The bridge replacement requires the removal and replacement of utilities currently situated within the existing bridge. The City has coordinated efforts with the San Bernardino Municipal Water Department (SBMWD) and the SoCal Gas Company to facilitate the relocation of their existing utilities from the bridge. To meet the permit requirements set forth by the San Bernardino County Fire Department (SBCFD), the existing gas line must be relocated before proceeding with the demolition.
A task order in the amount of $190,190 is being requested with IMEG Consultants Corp., the City's on-call consultant, for the final design and permitting activities for
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the new Cross Street bridge construction under the City Manger’s authority.
Proposed Plan to Address the Bridge
As part of their initial scope, IMEG conducted a review of the site conditions and presented a two-phase strategy for establishing a permanent access solution to the neighborhood served by the Cross Street Bridge.
Originally, IMEG was authorized to proceed with an analysis aimed at rehabilitating the existing bridge. However, after conducting field inspections and in-depth structural investigations, it became evident that replacing the bridge would be a more cost-effective solution than attempting to rehabilitate the aging bridge.
The design for the bridge replacement includes additional elements that were not initially covered in IMEG's original scope and the associated fee of $88,750.
IMEG will be responsible for developing construction plans, specifications, and estimates (PS&E) for the planned bridge replacement. Furthermore, their scope of work will encompass bid support and construction assistance as well.
SoCal Gas will oversee the design and replacement of the gas line separately. This necessitates an amendment to the existing MOU between the City and the SBCUSD to include SoCal Gas. The City has worked in cooperation with SoCal Gas, and they have agreed to enter into an MOU with both the City and the SBCUSD.
To minimize ongoing disruption to Fairfax Elementary School and to return the school property to its original state, staff and IMEG are working to complete the bridge design and permitting so that the construction phase can begin as soon as possible.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Strategic Target and Goal 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. Approval of this amendment will assist the City with establishing multiagency partnerships and restructure governmental relationships to meet shared goals while appropriately utilizing public school spaces for educational and community purposes.
Fiscal Impact
There is no additional fiscal impact to the General Fund with this action. Sufficient funding is available in the project budget to complete design services. The Mayor and City Council approved a $1,000,000 budget amendment for the project construction in FY 2022/23 and this amount will be carried over into FY 2023/24.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 1 to the Memorandum of Understanding (“MOU”) for the Temporary License between the City of San Bernardino and the San Bernardino City Unified School District and Southern California Gas Company (“SoCal Gas”) for use of property on Fairfax Elementary School; and
1. Authorize the Agency Director of Administrative Services to approve a task order for design services to the City’s on-call consultant, IMEG Consultants Corp., in the amount of $190,190 for Cross Street Bridge Emergency Replacement project.
Attachments
Attachment 1 MOU with SBCUSD Amendment No. 1
Attachment 2 Original MOU with SBCUSD
Attachment 3 Design Services Agreement with IMEG
Attachment 4 Scope of Work, IMEG
Ward:
Second Ward
Synopsis of Previous Council Actions:
April 19, 2023 Ratify Memorandum of Understanding for Temporary License between the City of San Bernardino and the San Bernardino City Unified School District and Southern California Gas Company.
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-1-
AMENDMENT NO. 1 TO
MEMORANDUM OF UNDERSTANDING BETWEEN
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT,
SOUTHERN CALIFORNIA GAS COMPANY
AND THE CITY OF SAN BERNARDINO
This Amendment No. 1 to the Memorandum of Understanding for is made and entered into as October 18, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”), the San Bernardino City Unified School District (“SBCUSD”) and Southern California Gas Company (“SoCalGas”).
For the purposes of this Amendment No. 1, City, SBCUSD, and SoCalGas are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and SBCUSD have entered into a Memorandum of Understanding, dated March 10, 2023, for the purpose of providing temporary road access during the construction of a new channel bridge (the “MOU”).
B. WHEREAS, construction of the new channel bridge will require the removal of the existing gas line in order to proceed with bridge demolition activities.
C. WHEREAS, there is no auxiliary gas main to service the existing residential neighborhood adjacent to the channel bridge.
D. WHEREAS, City and SBCUSD desire to install a temporary gas line to allow residents to maintain gas service while the construction of the new channel bridge continues.
E. WHEREAS, SoCalGas has agreed to perform the installation of the temporary gas line.
F. WHEREAS, the purpose of this Amendment No. 1 is to define the rights and responsibilities of the Parties related to the installation of the temporary gas line and add SoCalGas as a party to the MOU for the purposes of carrying out the installation of the temporary gas line.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the MOU, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
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2. Addition of New Party. The Parties hereby agree that SoCalGas shall be added as a Party to the MOU solely with respect to the installation services and obligations outlined in Section 12 of the MOU.
3. Addition of Section 12 to the MOU. Section 12 shall be added to the MOU to read as follows:
“12. Installation of Temporary Gas Line.
a. General Grant. Subject to the terms and conditions hereinafter set forth, SBCUSD hereby grants to SoCalGas a revocable, non-exclusive license in, on, over, under and across the Property to install approximately 550 linear feet of 2” plastic main for distribution of natural gas (herein after, referred to as the "Temporary Natural Gas Line"), on the Property, across or along the Property. The exact location of the Temporary Natural Gas Line being more particularly shown on Exhibit "B-1" attached hereto and incorporated herein by reference.
b. Use. SoCalGas shall use Property and the Temporary Natural Gas Line solely for the transmission of natural gas and shall not use it for any other purpose whatsoever. No change shall be made by SoCalGas in the use of the Property or Temporary Natural Gas Line without SBCUSD’s prior written approval. c. Hazardous Materials Use and Related Indemnity.
i. Use and Termination. SoCalGas intends to use the
Temporary Natural Gas Line to transport medium pressure natural gas. The Parties acknowledge that natural gas may be considered a Hazardous Material. As used in this license, "Hazardous Materials" means any chemical, substance or material which is now or becomes in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, its properties or effects. As used in this preceding sentence, "Environmental Law" means any federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of the courts, permits or permit conditions, currently existing or as amended or adopted in the future which are or become applicable to the SoCalGas or the Property. In using, transporting or handling the medium pressure natural gas in the Temporary Natural Gas Line and/or on the Property, SoCalGas agrees fully to comply with all applicable federal, state, and local laws, rules, regulations, orders, decisions and ordinances (hereinafter referred to as "Hazardous Materials Standards") concerning Hazardous Materials.
SoCalGas further agrees that at SBCUSD's request it will furnish SBCUSD with proof, reasonably satisfactory to SBCUSD, that SoCalGas is in such compliance. SoCalGas further covenants that it will not handle or transport any Hazardous Materials other than medium pressure natural gas on the Temporary Natural Gas Line or the Property; however, in the event that any other Hazardous Materials are used, handled or transported in the Temporary Natural Gas Line or the Property, SoCalGas shall comply with all requirements set forth in this section.
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d. Maintenance and Repair. SoCalGas shall, at its own cost and subject to the approval of SBCUSD or his designee, repair and maintain the parts of the Temporary Natural Gas Line and those portions of the Property used or occupied by SoCalGas so that it will not at any time be a source of danger to or interference with other activities on the Property. SoCalGas shall provide SBCUSD no less than ten (10) days written notice and shall acquire all necessary approvals from SBCUSD prior to SoCalGas's commencement of any such repair or maintenance work. e. Construction and Installation.
i. The Temporary Natural Gas Line shall be installed and constructed at the SoCalGas’s sole cost in accordance with the design plans attached hereto as Exhibit "B-1." Any deviation from the plans shall be approved in writing by the SBCUSD, which approval shall not be unreasonably withheld, conditioned or delayed. ii. The construction of the Temporary Natural Gas Line shall be accomplished in such a manner so that it will not interfere with or be a source of danger to the property of SBCUSD, or the safe operation of activities on the Property.
SBCUSD may require that SBCUSD’s representative be present during some or all of the installation of the Temporary Natural Gas Line. Notwithstanding the presence of the SBCUSD’s representative, SoCalGas shall, at all times, retain full liability and responsibility for all aspects of the installation.
f. Insurance. SoCalGas, at its sole cost and expense, shall obtain and maintain in full force and effect insurance as required by SBCUSD and SoCalGas in the amounts and coverage specified and issued by insurance companies as described on Exhibit "C- 1". SoCalGas reserves the right, to review and change the amount and type of insurance coverage it requires in connection with this agreement or the work to be performed on the Temporary Natural Gas Line. Prior to (i) entering the Property or (ii) performing any work or maintenance on the Temporary Natural Gas Line, SoCalGas shall furnish SBCUSD and SoCalGas with the insurance endorsements and certificates in the form and amounts specified in Exhibit "C-1," evidencing the existence, amounts and coverage of the insurance required to be maintained hereunder.
i. Restoration of the Property, Claims for Costs. Upon the termination of this MOU or when the Temporary Natural Gas Line is no longer needed, SoCalGas, upon demand of SBCUSD and at SoCalGas's own cost and expense, shall commence and diligently prosecute to completion the abandonment and removal of the Temporary Natural Gas Line and restoration of the Property to the same condition in which they were prior to the placing of the Temporary Natural Gas Line thereunder, reasonable wear and tear excepted. In no event shall SoCalGas have any claim against the SBCUSD for any of the costs of constructing, maintaining or removing the Temporary Natural Gas Line. No termination hereof shall release SoCalGas from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts,
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omissions or events happening prior to the date the Temporary Natural Gas Line is removed and the Property restored as above provided.
4. Addition of Exhibits “B-1” and “C-1” to the MOU. The MOU is hereby amended by adding Exhibits “B-1” and “C-1”, attached hereto to this Amendment No. 1 and incorporated herein by this reference.
5. Full Force. Except as amended by this Amendment No. 1, all provisions of the MOU, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
6. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND
THE CITY OF SAN BERNARDINO
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
SBCUSD
APPROVED BY:
Charles McNeely,
Interim City Manager
Terry Comnick,
Associate Superintendent
SOCALGAS
APPROVED BY:
Will Liao
Region Planning Supervisor
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EXHIBIT B-1
EXHIBIT B-1
Depiction of Temporary Gas Line/Location
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EXHIBIT C-1
EXHIBIT C-1
INSURANCE
SoCalGas shall obtain, and shall require any consultant or contractor entering the Property on its behalf to obtain insurance of the types and in the amounts described below and satisfactory to SBCUSD and City.
A.Commercial General Liability Insurance. SoCalGas shall maintain occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than two million dollars ($2,000,000) per occurrence and the general aggregate limit not less than four million dollars ($4,000,000). Such insurance shall:
1. Include the SBCUSD and City, their respective officials, officers, employees, agents, and consultants as additional insureds with respect to the use of the Property and shall contain no special limitations on the scope of coverage or the protection afforded to the additional insureds;
2. Be primary with respect to any insurance or self-insurance programs covering the SBCUSD and City, its officials, officers, employees, agents and consultants; and
3. Contain standard separation of insured provisions.
4. Contain a waiver of subrogation that waives any right the insurer has against SBCUSD and City for any claims or suits.
B.Workers' Compensation Insurance. SoCalGas shall maintain workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000 per occurrence.
C.Automobile Liability. SoCalGas 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 with limits of not less than $1,000,000 combined single limit.
E.Certificates of Insurance. SoCalGas shall, prior to entering the Property, furnish SBCUSD and City with properly executed certificates of insurance and, if requested by SBCUSD and City, certified copies of endorsements s, which clearly evidence all insurance required under this MOU and provide that such insurance shall be not canceled, allowed to expire or be materially reduced in coverage, except on thirty (30) days' prior written notice to SBCUSD and City. SBCUSD and City shall have the sole discretion to determine whether the certificates and endorsements presented comply with the provisions of this MOU.
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EXHIBIT C-1
F.Coverage Maintenance. SoCalGas shall replace certificates, policies and endorsements for any insurance expiring prior to the termination of this MOU. Unless otherwise provided for in this MOU, SoCalGas shall maintain such insurance from the execution of this MOU until completion of the agreed use of SBCUSD’s property is complete and the Property is fully restored, except as otherwise provided in this MOU.
G.Licensed Insurer. SoCalGas shall place such insurance with insurers having A.M. Best Company ratings of no less than” A-,:VII”.
H.Self-Insurance.SoCalGas shall have the right to self-insure with respect to any or all of the insurance required to be carried by SBCUSD and the City, and such insurance shall be deemed to have satisfied any or all obligations required under this agreement.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
AND THE CITY OF SAN BERNARDINO
This Memorandum of Understanding (“MOU”) is entered into as of this 10 day of March, 2023 by and between the San Bernardino City Unified School District, a California school district (“SBCUSD”); and the City of San Bernardino, a municipal corporation and charter city (“City”). SBC USD and City may be individually referred to as “Party” and collectively as the “Parties”.
RECITALS
A. SBCUSD owns that certain real property described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).
B. City has recently conducted an inspection of the bridge on Cross Street which connects Conejo Drive and N Fairfax Drive and has determined that bridge must be replaced.
C. The bridge replacement will result in a loss of road access for residents of Cross Street and North Fairfax Drive.
D. City desires to obtain temporary access, as defined below, across the Property for the purpose of providing alternate access for residents of Cross Street and North Fairfax Drive during construction of a new channel bridge (“Project”).
NOW THEREFORE, FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
TERMS
1. Recitals. The Recitals states above are incorporated into and made part of this MOU for all purposes.
2. Gr ant of Temporary License SBC USD hereby grants to City , its invitees, guests and contractors, a temporary and non- exclusive license for ingress and egress , construction and maintenance of an access road (“Access Road”) upon, over, and across the Property (“Temporary Access Area”) as described in Exhibit “A”, attached hereto and incorporated herein by this reference. Notwithstanding anything to the contrary above, SBCUSD, its invitees, guests and tenants, may make any use of the Temporary Access Area and Access Road.
3. O bligations of City .
a. Improvements. City shall improve the Temporary Access Area, at its sole cost and expense, with grading, gravel and such other improvements in order to construct and install the Access Road. Such other improvements shall include t he DocuSign Envelope ID: 38B6BB0E-DC91-4BD9-A897-50D3F93072C7
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installation of fencing in order to prevent access to the Property other than the Temporary Access Area.
b. Maintenance. City shall be responsible, at its sole cost and expense, for the maintenance and repair of the Access Road . City shall also employ and utilize prudent dust control measures, signage and other actions to keep and maintain the Access Road in good condition and to prevent City ’s use of the Access Road from becoming a nuisance to SBCUSD, SBCUSD’s tenants or invitees. c. C
ondition of Property. Upon expiration of this MOU, City shall restore the Temporary Access Area to the condition, as near as practicable, that existed prior to City’s activities. Additionally, upon expiration of this MOU, City shall have no other or further obligation, liability or duty in connection with the Property or to SBCUSD except any liability conditions addressed in Section 5 below that may have arisen during City’s use of the Temporary Access Area.
d. Security. City shall, at its own cost and expense, provide security services until fencing is installed within the Temporary Access Area.
4. Term. This MOU shall go into effect upon the Effective Date and shall remain in effect until an alternative access arrangement is entered into or construction on the new bridge is completed.
5. Indemnity Each Party (“Indemnifying Party”) shall defend, indemnify and hold every other Party (each an “Indemnified Party”), and their officials , officers, employees, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses (including legal fees), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death (the “Claims”), arising out of or in connection with the Indemnifying Party’s performance and obligations under this MOU , except that the Indemnified Party shall not be responsible for any such Claim arising out of Indemnified Party’s sole negligence or willful misconduct.
6. E
ntire MOU. This MOU is the result of negotiations between the Parties.
This MOU is intended by the Parties as a full and final expression of their understanding with respect to the matters contained in this MOU.
7. A uthority to Enter MOU . City warrants that the undersigned is authorized to execute this MOU on behalf of City. SB CUSD warrants that it is the owner of the Property and that the undersigned is authorized to execute this MOU on behalf of SBCUSD.
8. A mendment; Modification. No supplement, modification, or amendment of this MOU shall be binding unless executed in writing and signed by both Parties.
9. A ttorneys’ Fees, Governing Law, Venue. In the event of a dispute between the Parties with respect to the terms or conditions of this MOU, the prevailing Party shall be entitled to collect from the other its reasonable attorneys’ fees as established by the DocuSign Envelope ID: 38B6BB0E-DC91-4BD9-A897-50D3F93072C7
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judge or arbitrator presiding over such dispute. This MOU shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
10. Counterparts. This MOU may be executed in any number of counterparts each of which shall he deemed an original, but all of which together shall constitute one and the same instrument.
11. S everability . If any term of this MOU is held by any court of competent jurisdiction to contravene, or to be invalid under, the laws of any political body having jurisdiction over this subject matter, that contravention or invalidity shall not invalidate the entire MOU. Instead, this MOU shall be construed as reformed to the extent necessary to render valid the particular provision or provisions held to be invalid, consistent with the original intent of that provision and the rights and obligations of the parties shall be construed and enforced accordingly, and this MOU shall remain in full force and effect as reformed.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
AND THE CITY OF SAN BERNARDINO
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be duly executed as of the date first written above
SBCUSD:
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
By:
Mohammad Islam
Interim Associate Superintendent
CITY:
CITY OF SAN BERNARDINO
By:
Charles McNeely,
Interim City Manager
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EXHIBIT “A”
DESCRIPTION OF PROPERTY AND
TEMPORARY ACCESS AREA
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1 CITY OF SAN BERNARDINO
DESIGN SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into as March 30th, 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 IMEG, a California Corporation with its principal place of business at 901 Via Piemonte, Suite 400, Ontario, Ca 91764 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 City. 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.
2.2 D esigner . 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.
2.3 Pr oject . City desires to engage Designer to render such services for the Cross Street Bridge Rehabilitation ("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. Al l 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 Ter
m . The term of this Agreement shall be from March 30th 2023 to March 30th 2024, 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.
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2 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 John M. Thompson (License No. C82557) to act as the Project Designer for the Project. 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 K ey 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: John M. Thompson, Ci vil Client Executive, C82557.
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 th eir qualifications and approve to their participation on the Project in its sole and reasonable discretion.
3.3.2 Q
ualification 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 S
tandards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB
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3 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 subjec t to approval by City.
3.3.5 D
raftsman 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 P
erformance 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 b y 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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4 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 A
mericans with Disabilities Act . Designer will us e 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 responsibilit y 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 P
ermits, 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 W ater 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 DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB
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5 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 tha t 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) L iability 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) D
efense: 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) D
amages : 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 A
ir 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 DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB
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6 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 Ti mely 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.
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erformance 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 E
xcusable 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 DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB
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7 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 De finition . 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 t he 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 E xamples 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) S
eparately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid.
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8 (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 P
roject 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 B id Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
3.9.4 Tes ting. Retain consultant(s) to conduct chemical, m echanical, 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 R
equired 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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9 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 Cit y’s Representative . The City hereby designates Charles E. McNeely, 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, Director of Public Works, 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 R
eview 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 adv ise 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 Eighty Eight Thousand Seven Hundred and Fifty Dollars ($88,750.00) (“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 P
ayment 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 R
eimbursable 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) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB
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10 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, pe rcentage 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.
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revailing 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, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB
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11 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 Project and the construction work thereon, or to terminate this Agreement at any time with or DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB
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12 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 D ocuments and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary s tudies, 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 E
mployment of other Designer s. 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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13 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 compensati on 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 R ight to License. D esigner 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. Des igner 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.
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onfidentiality . All Project Documents, either created by or provided to Designer in connection with the perfor mance 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 DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB
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14 magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.
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, subcontrac tors, 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 D esigner’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 su ch 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 A
dditional 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 Co
mmercial 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.
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15 (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
(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 endorsemen ts 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) T he 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.
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16 (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
(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
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17 Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and aggregate (b) Defense costs shall be payable in addition to the limits. (c) Requirements of specific coverage or limits contained in t his 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.
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18 (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 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) T he 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 Des igner 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 DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB
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19 the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If reques ted by Designer , City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
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 s ubsequent 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 buildi ng 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 DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB