Agenda packet — Mayor and City Council, November 1, 2023 (part 2 of 2)

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8 7
RESOLUTION NO. 2023-170

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, 1. ESTABLISHING THE DIRECTOR OF ECONOMIC DEVELOPMENT (U) CLASSIFICATION; 2. ESTABLISHING THE

DIRECTOR OF COMMUNITY DEVELOPMENT AND HOUSING (U)
CLASSIFICATION; AND 3. 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; and
WHEREAS, on June 30, 2023, a Special Workshop (“Workshop”) was held to address the Council’s goals and priorities; and
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; and
WHEREAS, the presentation contained the addition of several new positions and established new position classifications within several departments; and WHEREAS, the salary schedule includes all adopted and approved classification and salaries; and
WHEREAS, the salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.

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

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

SECTION 2. The classification of Director of Economic Development (U), range 662, $13,060-$15,874/month, is hereby established and approved.

SECTION 3. The classification of Director of Community Development and Housing (U), range 662, $13,060-$15,874/month, is hereby established and approved.

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Resolution No. 2023-170
Resolution 2023-170
November 1, 2023

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SECTION 4. The city-wide salary schedule incorporated herein as Exhibit A, is hereby approved.

SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

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

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2023-170
Resolution 2023-170
November 1, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-170, adopted at a regular meeting held on the ___ day of _______ 2023 by the following vote:

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

Genoveva Rocha, CMC, City Clerk

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ADOPTED 11/1/23
EFFECTIVE 11/2/23

EXHIBIT A
City of San Bernardino
Salary Schedule
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30011
30012
10012
20013
10860
30017
30018
30030
30709
10081
10092
10093
10534
20457
10979
30140
30141
30092
20320
30130
20319
30119
00300
20620
30400
30894
10492
30271
50141
10644

PENDING
30168
10216
10104
10105
10106
10107
20169
00194
10060
10062
20250

ACCOUNTANT I (FLEX)

ACCOUNTANT II
ACCOUNTANT II ‐ PAYROLL

ACCOUNTANT III

ACCOUNTING DIVISION MANAGER (U)

ACCOUNTING TECHNICIAN I (FLEX)

ACCOUNTING TECHNICIAN II

ACCOUNTING TECHNICIAN III

ADMINISTRATIVE ASSISTANT

ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)

ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)

ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)

ADMINISTRATIVE CLAIMS SPECIALIST

ADMINISTRATIVE SERVICES SUPERVISOR

ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)

ANIMAL CONTROL OFFICER I (FLEX)

ANIMAL CONTROL OFFICER II

ANIMAL LICENSE INSPECTOR

ANIMAL SERVICES MANAGER

ANIMAL SERVICES REPRESENTATIVE

ANIMAL SERVICES SUPERVISOR

ANIMAL SHELTER ATTENDANT

APPRENTICE (PT)
465
485
485
520
608
399
419
437
400
464
410
430
420
484
535
411
424
370
526
370
478
370
381
468
452
500
583
430
P6
705
365
486
580
430
480
530
580
515
493
608
581
542
$5,001.98
$5,527.33
$5,401.95
$6,575.74
$9,976.33
$3,599.92
$3,976.75
$4,350.27
$3,617.65
$4,864.68
$3,716.48
$4,106.44
$3,906.04
$5,494.91
$6,931.44
$3,821.59
$4,077.61
$3,114.46
$6,775.07
$3,114.46
$5,333.23
$3,114.46
$2,969.00
$5,073.00
$4,688.31
$5,956.26
$8,806.47
$4,201.75
$23,765.30
$16,184.19
$3,037.98
$5,555.04
$8,676.49
$4,106.44
$5,268.72
$6,761.38
$8,676.49
$6,414.06
$5,190.00
$9,976.33
$8,719.81
$7,338.73
$6,080.40
$6,718.81
$6,566.40
$7,993.21
$12,126.50
$4,374.65
$4,833.51
$5,287.93
$4,396.82
$5,913.23
$4,516.97
$4,990.33
$4,747.69
$6,678.72
$8,425.18
$4,645.09
$4,956.53
$3,786.12
$8,235.73
$3,786.12
$6,482.71
$3,786.12
$3,608.00
$6,167.11
$5,699.13
$7,239.73
$10,704.25
$5,106.16
$23,765.30
$19,669.95
$3,693.02
$6,752.06
$10,546.10
$4,990.33
$6,403.92
$8,218.29
$10,546.10
$7,796.09
$6,308.00
$12,126.50
$10,598.09
$8,920.10

MONTHLY

GENERAL

CONFIDENTIAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

CONFIDENTIAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL
NA

AQUATICS SUPERVISOR

ARBORIST

ASSESSMENT DISTRICT/REAL PROP SPECIALIST

ASSISTANT BUILDING OFFICIAL

ASSISTANT BUYER

MIDDLE MANAGEMENT

GENERAL

MANAGEMENT

GENERAL

ASSISTANT CHIEF OF POLICE POLICE MANAGEMENT

EXECUTIVEASSISTANT CITY MANAGER (U)

ASSISTANT LITERACY PROGRAM COORDINATOR

ASSISTANT PLANNER (FLEX)

ASSISTANT TO THE CITY MANAGER (U)

ASSISTANT TO THE MAYOR I (U)

ASSISTANT TO THE MAYOR II (U)

ASSISTANT TO THE MAYOR III (U)

ASSISTANT TO THE MAYOR IV (U)

ASSOCIATE PLANNER

GENERAL

MANAGEMENT

MIDDLE MANAGEMENT
NA

MANAGEMENT

MIDDLE MANAGEMENT

BACKGROUND INVESTIGATOR (PT)

BUDGET DIVISION MANAGER (U)

BUDGET OFFICER

BUILDING INSPECTION SUPERVISOR
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8

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ADOPTED 11/1/23
EFFECTIVE 11/2/23
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30072
30073
30074
10500
30502
20263
30650
30651
20271
10870
30292
10398
50280
10399
00601
10370
10495
10273
30450
30455
10135
30135
30890
30120
10100
30754
20923
30821
20925
20504
30758
20781
30990
20424
10072
30604
30603
00605
20600
30602
00054
20616
30621
30222
30226
30227

BUILDING INSPECTOR I (FLEX)

BUILDING INSPECTOR II

BUILDING INSPECTOR III

BUILDING OFFICIAL (U)

BUSINESS REGISTRATION INSPECTOR

BUSINESS REGISTRATION MANAGER

BUSINESS REGISTRATION REPRESENTATIVE I

BUSINESS REGISTRATION REPRESENTATIVE II
BUYER

CAPITAL IMPROVEMENT PROJECT MANAGER

CEMETERY CARETAKER

CHIEF DEPUTY CITY CLERK (U)

CHIEF OF POLICE

CITY CLERK (U)

CITY COUNCIL

CITY MANAGER (U)

CIVIL ENGINEERING DIVISION MANAGER (U)

CODE ENFORCEMENT DIVISION MANAGER (U)

CODE ENFORCEMENT OFFICER I (FLEX)

CODE ENFORCEMENT OFFICER II

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT

COMMUNITY DEVELOPMENT TECHNICIAN

COMMUNITY INTERVENTION PROGRAM COORDINATOR

COMMUNITY INTERVENTION PROGRAM MANAGER (U)

COMMUNITY POLICING SPECIALIST

COMMUNITY RECREATION MANAGER

COMMUNITY RECREATION PROGRAM COORDINATOR

COMMUNITY RECREATION PROGRAM SUPERVISOR

COMMUNITY SERVICES CENTER SUPERVISOR

COMMUNITY SERVICES OFFICER

COMMUNITY SERVICES OFFICER SUPERVISOR

COMMUNITY SERVICES PROGRAM COORDINATOR

CONSTRUCTION MANAGER

COUNCIL ADMINISTRATIVE SUPERVISOR (U)

CRIME ANALYSIS SUPPORT ASSISTANT

CRIME ANALYST
460
487
511
613
459
530
419
429
460
591
395
565
NA
$4,878.95
$5,582.75
$6,292.09
$10,228.72
$4,854.57
$6,912.39
$3,976.75
$4,180.69
$4,874.77
$9,165.01
$3,527.87
$8,050.39
$28,565.57
$10,590.00
$3,125.00
$23,750.00
$10,591.59
$7,970.23
$4,437.83
$5,180.42
$5,321.79
$3,996.70
$4,549.77
$4,372.43
$9,586.38
$5,128.33
$7,869.18
$3,407.06
$5,605.65
$4,827.15
$4,138.57
$5,386.39
$4,372.43
$9,093.96
$5,998.80
$3,617.65
$5,752.33
$2,700.00
$5,662.13
$5,752.33
$2,687.00
$5,306.66
$3,083.43
$3,373.81
$3,545.61
$3,545.61
$5,930.77
$6,785.31
$7,648.71
$12,431.96
$5,900.85
$8,401.84
$4,833.51
$5,080.67
$5,925.69
$11,140.78
$4,288.20
$9,785.69
$28,565.57
$12,873.00
$3,125.00
$23,750.00
$12,873.91
$9,688.20
$5,394.33
$6,296.53
$6,468.91
$4,857.89
$5,530.66
$5,314.53
$11,652.05
$6,234.46
$9,564.61
$4,141.90
$6,813.83
$5,867.00
$5,030.79
$6,546.94
$5,314.53
$11,052.95
$7,291.06
$4,396.82
$6,991.46
$3,282.00
$6,882.49
$6,991.46
$3,266.00
$6,449.49
$3,748.43
$4,100.89
$4,310.37
$4,310.37

MONTHLY

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

MANAGEMENT

EXECUTIVE
636
NA
NA
NA
NA

MANAGEMENT

GENERAL

CONFIDENTIAL

GENERAL
620
563
441
472
482
420
446
438
600
470
556
388
488
458
427
480
438
585
506
400
493
362
490
493
361
477
368
386
396
396

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

CONFIDENTIAL

GENERAL

GENERAL
NA

MIDDLE MANAGEMENT

GENERAL

CRIME DATA TECHNICIAN (PT)

CRIME FREE PROGRAM COORDINATOR

CRIMINAL INVESTIGATION OFFICER

CUSTODIAL AIDE (PT)

CUSTODIAL SUPERVISOR

CUSTODIAN

CUSTOMER SERVICE REPRESENTATIVE

CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)

CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)
NA

MIDDLE MANAGEMENT

GENERAL

GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8

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ADOPTED 11/1/23
EFFECTIVE 11/2/23
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30224
30100
10650
10654
10372

PENDING
10066
10720
10610
10638
10830
10732
10803
10802
10400
40466
10685

PENDING
09520

PENDING

PENDING
09665
10625
10731
09753
20200
10140
10125
10127
10120
30831
30841
10367
30432
30434
30436
20441
10180
30445
10200
30420
20444
20024
20025
30921
30902

CUSTOMER SERVICE REPRESENTATIVE (U)

DATA ANALYST

DEPUTY CITY CLERK I (U)

DEPUTY CITY CLERK II (U)

DEPUTY CITY MANAGER (U)
386
444
490
530
681
619
629
629
629
629
629
629
678
662
575
P2
630
662
692
662
692
660
660
662
692
560
590
600
560
500
445
465
565
450
475
511
532
590
446
532
464
560
551
523
431
450
$3,373.81
$4,505.44
$5,538.44
$6,761.38
$14,357.90
$10,538.52
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$14,144.51
$13,060.22
$8,462.01
$8,746.90
$11,133.20
$13,060.22
$15,168.14
$13,060.22
$15,168.14
$12,930.24
$12,930.24
$13,060.22
$15,168.14
$8,027.54
$9,119.52
$9,586.38
$7,852.17
$5,821.15
$4,527.60
$5,001.98
$8,050.39
$4,641.76
$5,258.00
$6,292.09
$6,981.04
$9,119.52
$4,549.77
$6,828.53
$4,977.59
$8,027.54
$7,675.38
$6,675.40
$4,221.70
$4,641.76
$4,100.89
$5,476.35
$6,732.13
$8,218.29
$17,452.63
$12,810.00
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$17,192.66
$15,874.39
$10,286.13
$11,471.16
$13,532.50
$15,874.39
$18,436.18
$15,874.39
$18,436.18
$15,716.25
$15,716.25
$15,874.39
$18,436.18
$9,757.29
$11,085.54
$11,652.05
$9,544.13
$7,075.51
$5,502.95
$6,080.40
$9,785.69
$5,642.60
$6,391.85
$7,648.71
$8,486.00
$11,085.54
$5,530.66
$8,300.61
$6,050.47
$9,757.29
$9,329.84
$8,113.91
$5,131.65
$5,642.60

MONTHLY

GENERAL

CONFIDENTIAL

MANAGEMENT

POLICE SAFETY

EXECUTIVE

DEPUTY DIRECTOR OF ANIMAL SERVICES (U)

DEPUTY DIRECTOR OF FINANCE (U)

DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)

DEPUTY DIRECTOR OF HUMAN RESOURCES (U)

DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)

DEPUTY DIRECTOR OF OPERATIONS (U)

DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)

DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)

DEPUTY DIRECTOR/CITY PLANNER (U)

DEPUTY LIBRARY DIRECTOR (U)

DETECTIVE/CORPORAL

DIRECTOR OF ANIMAL SERVICES (U)

DIRECTOR OF COMMUNITY DEVEOPMENT AND HOUSING (U)

DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U)

DIRECTOR OF ECONOMIC DEVEOPMENT

DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)

DIRECTOR OF HUMAN RESOURCES (U)

DIRECTOR OF INFORMATION TECHNOLOGY (U)

DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)

DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U)

DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST

DIVERSITY, EQUITY & INCLUSION OFFICER (U)

ECONOMIC DEVELOPMENT DIVISION MANAGER (U)

ECONOMIC DEVELOPMENT PROJECT MANAGER

ECONOMIC DEVELOPMENT SPECIALIST

ELECTRICIAN I (FLEX)

ELECTRICIAN II

EMERGENCY OPERATIONS MANAGER

ENGINEERING ASSISTANT I (FLEX)

ENGINEERING ASSISTANT II

ENGINEERING ASSISTANT III

ENGINEERING ASSOCIATE

ENGINEERING PROJECT MANAGER

ENGINEERING TECHNICIAN

MIDDLE MANAGEMENT

MANAGEMENT

CONFIDENTIAL

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER

ENVIRONMENTAL PROGRAMS COORDINATOR

ENVIRONMENTAL PROJECT MANAGER

EQUIPMENT MAINTENANCE MANAGER

EQUIPMENT MAINTENANCE SUPERVISOR

EQUIPMENT MECHANIC I (FLEX)

EQUIPMENT MECHANIC II GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8

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ADOPTED 11/1/23
EFFECTIVE 11/2/23
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30943
30707
10707
10982
10978
10976
10951
00083
10939
30623
20092
10512
30506
30944
00259
20060
30165
30166
20160
20490
10624
10623
10730
10778
30133
30136
20100
30098
30516
10700
10121
10129
10657
10683
10684
10682
10672
10673
30207
30101
10627
10626
10637
10631
10388
30638

EQUIPMENT SERVICE WORKER

EXECUTIVE ASSISTANT

EXECUTIVE ASSISTANT (U)
408
430
430
464
502
502
550
361
591
420
515
532
398
438
361
478
448
478
543
542
580
483
601
506
476
390
506
392
452
556
500
601
518
500
518
476
590
490
418
460
498
520
599
530
430
447
$3,765.06
$4,201.75
$4,106.44
$4,864.68
$5,879.65
$5,879.65
$7,469.79
$2,687.00
$9,165.01
$3,996.70
$6,414.06
$6,828.53
$3,581.07
$4,372.43
$2,687.00
$5,333.23
$4,596.32
$5,337.81
$7,375.28
$7,338.73
$8,676.49
$5,347.79
$9,634.04
$5,998.80
$5,284.61
$3,441.42
$6,132.78
$3,475.78
$4,688.31
$7,697.27
$5,821.15
$9,634.04
$6,368.17
$5,821.15
$6,368.17
$5,164.73
$9,119.52
$5,538.44
$3,956.80
$4,878.95
$5,763.74
$6,432.08
$9,538.72
$6,761.38
$4,106.44
$4,573.05
$4,576.37
$5,106.16
$4,990.33
$5,913.23
$7,147.00
$7,147.00
$9,080.52
$3,266.00
$11,140.78
$4,857.89
$7,796.09
$8,300.61
$4,353.59
$5,314.53
$3,266.00
$6,482.71
$5,586.08
$6,488.27
$8,964.40
$8,920.10
$10,546.10
$6,500.32
$11,710.55
$7,291.06
$6,423.99
$4,182.91
$7,453.90
$4,225.02
$5,699.13
$9,355.66
$7,075.51
$11,710.55
$7,740.59
$7,075.51
$7,740.59
$6,278.27
$11,085.54
$6,732.13
$4,810.23
$5,930.77
$7,006.18
$7,818.59
$11,593.56
$8,218.29
$4,990.33
$5,558.37

MONTHLY

GENERAL

CONFIDENTIAL

MANAGEMENT
NA

EXECUTIVE ASSISTANT TO DIRECTOR (U)

EXECUTIVE ASSISTANT TO MAYOR (U)

EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)

EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)

EXTRA RELIEF HEAVY LABORER (PT)

FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)

FACILITIES MAINTENANCE MECHANIC

FACILITIES MAINTENANCE SUPERVISOR

FINANCIAL ANALYST

FLEET PARTS STOREKEEPER

FLEET PARTS TECHNICIAN

FOOD SERVICE PROGRAM SPECIALIST (PT)

FOOD SERVICE SUPERVISOR

FORENSICS SPECIALIST I (FLEX)

FORENSICS SPECIALIST II

FORENSICS SUPERVISOR

FORESTRY SUPERVISOR

GIS ADMINISTRATOR

GIS ANALYST

GRANT DIVISION MANAGER (U)

GRANT WRITER

GRANTS ANALYST

GRANTS ASSISTANT

GRANTS MANAGER (U)

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

GENERAL
NA

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

CONFIDENTIAL

MANAGEMENT

CONFIDENTIAL

GENERAL

MIDDLE MANAGEMENT

GENERALGROUNDWORKER ARBORIST

HAZMAT TECHNICIAN GENERAL

HOMELESS SERVICES COORDINATOR

HOUSING COMPLIANCE SPECIALIST

HOUSING DIVISION MANAGER (U)

HUMAN RESOURCES ANALYST

HUMAN RESOURCES ANALYST I

HUMAN RESOURCES ANALYST II

HUMAN RESOURCES ANALYST TRAINEE

HUMAN RESOURCES DIVISION MANAGER (U)

HUMAN RESOURCES GENERALIST

HUMAN RESOURCES TECHNICIAN

HVAC MECHANIC

INFORMATION TECHNOLOGY ANALYST I (FLEX)

INFORMATION TECHNOLOGY ANALYST II

INFORMATION TECHNOLOGY MANAGER

INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR

INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)

LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)

MANAGEMENT

CONFIDENTIAL

MANAGEMENT

CONFIDENTIAL

GENERAL

CONFIDENTIAL

MANAGEMENT

CONFIDENTIAL

GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8

Packet Page.
158

ADOPTED 11/1/23
EFFECTIVE 11/2/23
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30639
00308
30113
30080
30463
30311
30932
20170
30490
30593
10319

PENDING
30335
30366
30341
20388
10401
20385
30380
00361
20387
30391
30392
00133
30215
20484
30486
30487
30488
10530
10531
10532
10533
10516
30515
00502
10503
10190
10528
30425
30426
20555

PENDING
10868

PENDING

LANDSCAPE & IRRIGATION INSPECTOR II

LAW ENFORCEMENT TRAINEE

LEAD ANIMAL CONTROL OFFICER

LEAD BUILDING INSPECTOR

LEAD CODE ENFORCEMENT OFFICER

LEAD CUSTODIAN

LEAD EQUIPMENT MECHANIC

LEAD FORENSICS SPECIALIST

LEAD MAINTENANCE WORKER

LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER

LEGAL ADMINISTRATIVE ASSISTANT (U)

LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U)

LIBRARIAN I (FLEX)
467
NA
$5,052.96
$34.77
$6,141.36
$34.77

MONTHLY
HOURLY

GENERAL
NA

GENERAL

GENERAL
437
526
498
397
470
516
452
471
497
593
450
479
370
460
635
492
422
361
450
380
402
370
470
522
393
415
425
476
476
506
506
476
461
NA
$4,350.27
$6,780.88
$5,897.52
$3,563.34
$5,128.33
$6,446.17
$4,688.31
$5,154.93
$5,734.50
$9,257.08
$4,641.76
$5,364.41
$3,114.46
$4,874.77
$11,414.83
$5,718.61
$4,036.60
$2,687.00
$4,637.79
$3,274.06
$3,653.12
$2,810.00
$5,128.33
$6,642.18
$3,493.51
$3,898.06
$4,097.56
$5,164.73
$5,164.73
$5,998.80
$5,998.80
$5,164.73
$4,903.33
$4,166.67
$8,676.49
$7,891.16
$8,090.47
$4,903.33
$5,527.33
$6,741.85
$6,368.17
$9,165.01
$3,563.34
$5,386.39
$5,287.93
$8,242.79
$7,168.80
$4,331.43
$6,234.46
$7,834.85
$5,699.13
$6,265.49
$6,970.44
$11,252.35
$5,642.60
$6,520.41
$3,786.12
$5,925.69
$13,873.71
$6,951.14
$4,906.66
$3,266.00
$5,637.77
$3,980.08
$4,441.15
$3,416.00
$6,234.46
$8,072.94
$4,246.08
$4,738.19
$4,980.92
$6,278.27
$6,278.27
$7,291.06
$7,291.06
$6,278.27
$5,960.70
$4,166.67
$10,546.10
$9,591.80
$9,834.43
$5,960.70
$6,718.81
$8,194.75
$7,740.59
$11,140.78
$4,331.43
$6,546.94

MONTHLY

GENERAL

MIDDLE MANAGEMENT

GENERAL

CONFIDENTIAL

MANAGEMENT

GENERAL

LIBRARIAN II

LIBRARY ASSISTANT

GENERAL

MIDDLE MANAGEMENT

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL

LIBRARY CIRCULATION SUPERVISOR

LIBRARY DIRECTOR (U)

LIBRARY NETWORK ADMINISTRATOR

LIBRARY NETWORK TECHNICIAN

LIBRARY PAGE (PT)

LIBRARY PROGRAM COORDINATOR

LIBRARY TECHNICIAN I (FLEX)

LIBRARY TECHNICIAN II
NA

MIDDLE MANAGEMENT

GENERAL

GENERAL
NA

GENERAL

LIFEGUARD (PT)

LITERACY PROGRAM COORDINATOR

MAINTENANCE SUPERVISOR

MAINTENANCE WORKER I (FLEX)

MAINTENANCE WORKER II

MIDDLE MANAGEMENT

GENERAL

GENERALMAINTENANCE WORKER III

MANAGEMENT ANALYST I (FLEX)

MANAGEMENT ANALYST I (FLEX)(U)

MANAGEMENT ANALYST II

MANAGEMENT ANALYST II (U)

MARKETING & MEDIA SPECIALIST

MARKETING & PUBLIC RELATIONS SPECIALIST
MAYOR

MAYOR'S CHIEF OF STAFF (U)

NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)

NETWORK SYSTEMS ADMINISTRATOR

NPDES INSPECTOR I (FLEX)

NPDES INSPECTOR II

NPDES MANAGER

OMBUDSPERSON

OPERATIONS & MAINTENANCE DIVISION MANAGER (U)

PARK RANGER

MANAGEMENT

CONFIDENTIAL

GENERAL
NA
580
561
566
461
485
525
518
591
397
480

MANAGEMENT

CONFIDENTIAL

GENERAL

MIDDLE MANAGEMENT

CONFIDENTIAL

MANAGEMENT

GENERAL

PARK RANGER SUPERVISOR MIDDLE MANAGEMENT
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8

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ADOPTED 11/1/23
EFFECTIVE 11/2/23
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30581
20603
30611
30622
10064
10068
20400
30691
10713
30680
30682
30481
00192
00520
50283
20775
20772
32767
32768
30848
50402
40751
30218
20765
30219
30220
40332
30585
00331
00333
20019
10182
10243
20864
00360
10132
10639
20949
30947
30948
10212
30580
30583
30584
10900
10863

PARKING ENFORCEMENT OFFICER

PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR

PARKS MAINTENANCE WORKER I (FLEX)

PARKS MAINTENANCE WORKER II

PAYROLL SUPERVISOR

PAYROLL TECHNICIAN

PERMIT SERVICES SUPERVISOR

PLANNING AIDE

PLANNING DIVISION MANAGER (U)

PLANS EXAMINER I (FLEX)

PLANS EXAMINER II

PLUMBER

POLICE CADET (PT)

POLICE CALL TAKER (PT)

POLICE CAPTAIN

POLICE DISPATCH MANAGER

POLICE DISPATCH SUPERVISOR

POLICE DISPATCHER I (FLEX)

POLICE DISPATCHER II

POLICE FLEET MAINTENANCE EXPEDITOR

POLICE LIEUTENANT
380
534
390
421
521
430
494
456
594
499
534
450
NA
$3,274.06
$7,050.81
$3,441.42
$4,016.65
$6,464.58
$4,106.44
$5,776.19
$4,782.52
$9,303.66
$5,927.45
$7,056.85
$4,641.76
$15.50
$3,980.08
$8,571.27
$4,182.91
$4,882.27
$7,857.58
$4,990.33
$7,020.91
$5,813.29
$11,308.68
$7,204.26
$8,578.62
$5,642.60
$17.00

MONTHLY

MONTHLY
HOURLY

GENERAL

MIDDLE MANAGEMENT

GENERAL

MANAGEMENT

CONFIDENTIAL

MIDDLE MANAGEMENT

GENERAL

MANAGEMENT

GENERAL

GENERAL
NA
396
P5
$19.85 $24.14 HOURLY NA
$19,412.09
$6,843.73
$5,892.47
$4,146.40
$4,839.53
$3,581.07
$16,494.29
$7,532.62
$4,903.33
$4,973.33
$3,098.94
$3,441.42
$9,898.35
$4,016.65
$3,624.00
$4,044.00
$7,636.62
$9,586.38
$8,676.49
$6,575.74
$3,264.00
$7,469.79
$7,469.79
$5,776.19
$3,821.59
$5,180.42
$9,257.08
$5,284.61
$5,927.45
$6,883.95
$6,119.03
$9,491.06
$19,412.09
$8,318.78
$7,162.66
$5,040.29
$5,882.58
$4,353.59
$16,494.29
$10,059.74
$5,960.70
$6,045.29
$3,767.28
$4,182.91
$12,962.73
$4,882.27
$4,405.00
$4,916.00
$9,283.33
$11,652.05
$10,546.10
$7,993.21
$3,967.00
$9,080.52
$9,080.52
$7,020.91
$4,645.09
$6,296.53
$11,252.35
$6,423.99
$7,204.26
$8,366.92
$7,438.38
$11,536.15

MONTHLY

POLICE MANAGEMENT

MIDDLE MANAGEMENT

POLICE DISPATCHER

GENERAL

POLICE MANAGEMENT

POLICE SAFETY

GENERAL
528
498
425
456
398
P4
POLICE OFFICER P1

POLICE PERSONNEL AND TRAINING TECHNICIAN

POLICE RECORDS SUPERVISOR

POLICE RECORDS TECHNICIAN I (FLEX)

POLICE RECORDS TECHNICIAN II

POLICE SERGEANT

POOL MAINTENANCE COORDINATOR

POOL MANAGER I (PT)

POOL MANAGER II (PT)
461
464
369
390
P3

MIDDLE MANAGEMENT

GENERAL

POLICE SAFETY
GENERAL421
421
443
550
600
580
520
400
550
550
494
411
472
593
476
499
529
510
598
NA
NA

PRINCIPAL ACCOUNTANT

PRINCIPAL CIVIL ENGINEER

PRINCIPAL PLANNER

MIDDLE MANAGEMENT

MANAGEMENT

MIDDLE MANAGEMENT
NA

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL

PROCUREMENT CONTRACT SPECIALIST

PROGRAMMING/TRAFFIC ASSISTANT

PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)

PROJECT MANAGER/COMMUNITY SERVICES

PROPERTY AND EVIDENCE SUPERVISOR

PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)

PROPERTY AND EVIDENCE TECHNICIAN II

PUBLIC INFORMATION OFFICER (U)

PUBLIC WORKS INSPECTOR I (FLEX)

PUBLIC WORKS INSPECTOR II

PUBLIC WORKS INSPECTOR III

PUBLIC WORKS SAFETY AND TRAINING OFFICER

PURCHASING DIVISION MANAGER (U)

GENERAL

MANAGEMENT

GENERAL

MANAGEMENT

MANAGEMENT
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8

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ADOPTED 11/1/23
EFFECTIVE 11/2/23
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30770
10440
10259
00222
00244
00230
00256
30825
30115
10690
10538
00266
00265
30708
30229
30410
10154
30228
30230
30232
10222
10632
10656
10622
10385
00283
10513
10514
10529
30710
10223
20243
00294
10300
30978
20995
00019
10689
20336
10443
20437
20438
20370
30447
30448
30449

RANGEMASTER

REAL PROPERTY MANAGER

RECORDS MANAGEMENT SPECIALIST (U)

RECREATION AIDE (PT)

RECREATION LEADER (PT)

RECREATION SPECIALIST (PT)

RECREATION SUPERVISOR (AQUATICS) (PT)

RECREATION THERAPIST

REGISTERED VETERINARY TECHNICIAN

RISK DIVISION MANAGER (U)

SAFETY OFFICER

SECURITY OFFICER I (PT)

SECURITY OFFICER II (PT)

SENIOR ADMINISTRATIVE ASSISTANT

SENIOR ANIMAL SERVICES REPRESENTATIVE

SENIOR ARBORIST
465
580
460
361
368
393
481
468
450
590
530
371
395
420
390
502
581
435
445
445
435
530
461
553
488
396
556
556
592
375
375
549
375
644
450
490
361
559
502
573
532
552
533
450
484
513
$5,001.98
$8,676.49
$4,768.28
$2,687.00
$2,782.00
$3,152.00
$4,888.00
$5,077.34
$4,641.76
$9,119.52
$6,761.38
$2,824.00
$3,183.00
$3,996.70
$3,441.42
$6,016.12
$8,719.81
$4,307.04
$4,527.60
$4,527.60
$4,209.34
$6,761.38
$4,792.11
$7,582.45
$5,483.19
$3,199.00
$7,697.27
$7,697.27
$9,211.59
$3,193.15
$3,120.72
$7,598.97
$2,881.00
$11,938.02
$4,641.76
$5,662.13
$2,687.00
$7,813.17
$6,010.96
$8,378.60
$6,981.04
$7,714.14
$7,016.48
$4,641.76
$5,499.62
$6,355.27
$6,080.40
$10,546.10
$5,796.24
$3,266.00
$3,382.00
$3,831.00
$5,942.00
$6,172.39
$5,642.60
$11,085.54
$8,218.29
$3,433.00
$3,869.00
$4,857.89
$4,182.91
$7,312.88
$10,598.09
$5,235.84
$5,502.95
$5,502.95
$5,117.07
$8,218.29
$5,825.49
$9,217.01
$6,664.97
$3,889.00
$9,355.66
$9,355.66
$11,196.02
$3,881.44
$3,793.39
$9,236.82
$3,502.00
$14,511.72
$5,642.60
$6,882.49
$3,266.00
$9,496.47
$7,306.62
$10,184.31
$8,486.00
$9,376.35
$8,528.08
$5,642.60
$6,684.45
$7,725.19

MONTHLY

GENERAL

MANAGEMENT

CONFIDENTIAL
NA
NA
NA
NA

GENERAL

MANAGEMENT

CONFIDENTIAL
NA
NA

GENERAL

MANAGEMENT

GENERAL

SENIOR CIVIL ENGINEER

SENIOR CUSTOMER SERVICE REPRESENTATIVE

SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)

SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)

SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)

SENIOR GIS ANALYST

SENIOR HUMAN RESOURCES TECHNICIAN

SENIOR INFORMATION TECHNOLOGY ANALYST

SENIOR INFORMATION TECHNOLOGY TECHNICIAN

SENIOR LIFEGUARD (PT)

SENIOR MANAGEMENT ANALYST

SENIOR MANAGEMENT ANALYST (U)

SENIOR NETWORK SYSTEMS ADMINISTRATOR

SENIOR OFFICE ASSISTANT

SENIOR OFFICE ASSISTANT (U)

SENIOR PLANNER

SENIOR RECREATION LEADER (PT)

SHELTER VETERINARIAN

SOLID WASTE FIELD INSPECTOR

STATION MANAGER

STUDENT INTERN (PT)

SUPERVISING HUMAN RESOURCES ANALYST

TECHNOLOGY LIBRARIAN

GENERAL

CONFIDENTIAL

CONFIDENTIAL
NA

MANAGEMENT

CONFIDENTIAL

GENERAL

CONFIDENTIAL

MIDDLE MANAGEMENT
NA

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT
NA

CONFIDENTIAL

MIDDLE MANAGEMENT

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL

TRAFFIC ENGINEER

TRAFFIC ENGINEERING ASSOCIATE

TRAFFIC OPERATIONS AND SYSTEMS ANALYST

TRAFFIC SIGNAL AND LIGHTING SUPERVISOR

TRAFFIC SIGNAL TECHNICIAN I (FLEX)

TRAFFIC SIGNAL TECHNICIAN II

TRAFFIC SIGNAL TECHNICIAN III

GENERAL

GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8

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ADOPTED 11/1/23
EFFECTIVE 11/2/23
CLASS
CODE

HOURLY/

MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30667
10740
20666

PENDING
30620

TREASURY ASSISTANT

TREASURY MANAGER

TREASURY SUPERVISOR

VETERINARY ASSISTANT

VOLUNTEER COORDINATOR
399
598
502
400
358
$3,599.92
$9,491.06
$6,010.96
$3,617.65
$2,933.80
$4,374.65
$11,536.15
$7,306.62
$4,414.22
$3,565.56

MONTHLY

GENERAL

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL

GENERAL
GENERAL30000 WEED ABATEMENT COORDINATOR 462 $4,927.72 $5,990.62 MONTHLY (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 REVISION ADOPTED BY MCC 6/19/17
REVISION ADOPTED BY MCC 6/20/18
REVISION ADOPTED BY MCC 06/19/19
REVISION ADOPTED BY MCC 8/21/19
REVISION ADOPTED BY MCC 1/15/20
REVISION ADOPTED BY MCC 6/24/20
REVISION ADOPTED BY MCC 9/2/20
REVISION ADOPTED BY MCC 12/16/20
REVISION ADOPTED BY MCC 2/17/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 6/16/21
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
REVISION ADOPTED BY MCC 7/20/22
REVISION ADOPTED BY MCC 8/17/22
REVISION ADOPTED BY MCC 9/21/22
REVISION ADOPTED BY MCC 10/19/22
REVISION ADOPTED BY MCC 11/2/22
REVISION ADOPTED BY MCC 11/16/22
REVISION ADOPTED BY MCC 12/7/22
REVISION ADOPTED BY MCC 1/18/23
REVISION ADOPTED BY MCC 6/21/23
REVISION ADOPTED BY MCC 8/16/23
REVISION ADOPTED BY MCC 10/4/23
REVISION ADOPTED BY MCC 10/18/23
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8

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CITY OF SAN BERNARDINO POLICE DEPARTMENT
First 6
Months
Service
Following
18 Months
Service
Third
Year
Service
Fourth
Year
Service
Fifth & Sub-
sequent Yrs
Service
JOB
TITLE
Monthly Pay Rates Effective July 1, 2023:

Police Officer
P-1
$7,532.62 $8,164.13 $8,796.73 $9,428.23 $10,059.74
Detective/Corporal $8,746.90
P-2
$9,428.23 $10,109.56 $10,789.83 $11,471.16
$11,430.00 $12,196.91 $12,962.73Sergeant
P-3
$9,898.35 $10,664.17
Lieutenant
P-4
--
--
--
--
--
--
--
--
--
--
--
--
$16,494.29
$19,412.09
$23,765.30
Captain
P-5
Assistant Chief
P-6

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 1, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks & Recreation & Community Services
Subject: Accept the Anonymous Donation of $40,000 for the Verdemont Community Center
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-171 to:

1. Authorize City Manager to accept the Anonymous Donation in the amount of $40,000, and

2. Authorize the Director of Finance and Management Services to amend the FY2023/24 General Fund Operating Budget in both revenue and expenditures by $40,000; and allocate the expenditures to the following, Senior Programming at the Verdemont Community Center ($10,000), Movies in the Parks at Verdemont ($10,000) and After School Homework Help ($20,000).

Executive Summary
The City received a donation from Anonymous donor, in the amount of $40,000 to be used to subsidize programming and event costs at Verdemont Community Center.

Specifically senior programming, movies in the parks at Verdemont and the after- school homework help at the community center.

Background
The Verdemont Community Center continues to grow its participation rate while functioning out of a small trailer. The Verdemont Community Center was built in 2011

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and in 2016 the building was closed and demolished; a rental half the size was placed in the area. To continue programming, options were decreased; this reduction in program and activity options prompted community members to approach the Director of Parks, Recreation and Community Services (PRCS) with the anonymous donation to be specifically earmarked for Senior programs, afterschool homework help, and additional movies in the park events to be held at Al Guhin Park.

Discussion
In 2022, the department increased staffing levels and implemented new programming in and outside the Verdemont Community Center at Al Guhin Park. Community members have responded to programming efforts and staff are working to provide a more consistent and positive recreational experience. While efforts inquiring about a larger space for the community center are in the works, this donation of $40K will assist in growing the programs and events that this community is seeking.

The donation has specifically been identified and three target areas to be enhanced:

1. $10,000 for senior programming. Funds will allow for additional opportunities for social interaction and stimulating activities that promote social and emotional wellness.

2. $10,000 for family movies in the park. Funds for movie licensing fees and supplies to host at least five more events at Al Guhin Park.

3. $20,000 for after-school homework help. Funds for educational supplies for staff to assist with daily homework assignments, projects, and relevant STEAM activities, and to offset the cost of subscriptions and licensing for online learning platforms.
2021-2025 Strategic Targets and Goals
This request aligns with Strategic Target No. 2.b. Focused, Aligned Leadership and Unified Community – Build a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
$40,000 in revenues and expenditures will be appropriated into the General Fund FY2023/24 Operating Budget. There is no additional General Fund impact with this item.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-171 to:

1. Authorize City Manager to accept the Anonymous Donation in the amount of $40,000, and

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Attachments
Attachment 1 Resolution 2023-171 Accept Anonymous Donation_Verdemont CC
Ward:

Fifth Ward
Synopsis of Previous Council Actions:

N/A

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Resolution No. 2023-171
Resolution 2023-171
November 1, 2023

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RESOLUTION NO. 2023-171

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZE THE CITY MANAGER TO ACCEPT THE
ANONYMOUS DONATION IN THE AMOUNT OF $40,000,

AND AUTHORIZE THE DIRECTOR OF FINANCE TO
AMEND THE FY2023/24 GENERAL FUND OPERATING

BUDGET IN BOTH REVENUE AND EXPENDITURES BY
$40,000 AND ALLOCATE THE EXPENDITURES TO THE
FOLLOWING: SENIOR PROGRAMMING AT THE
VERDEMONT COMMUNITY CENTER ($10,000), MOVIS IN
THE PARKS AT VERDEMONT ($10,000, AND AFTER
SCHOOL HOMEWORK HELP ($20,000).

WHEREAS, the Parks, Recreation and Community Services Department operate senior programming, afterschool homework help, and various special events to provide unique experiences and enrichment for residents; and
WHEREAS, to continue to operate and host quality programs and events at the Verdemont Community Center, donations are needed accepted to supplement and expand programming ; and WHEREAS, an anonymous donor has donated a total of $40,000 for to enhance senior programming ($10,000) and afterschool homework help ($20,000), and movies in the park ($10,000) at the Verdemont Community Center and Al Guhin Park.

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

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

SECTION 2. The Mayor and City Council hereby authorize the City Manager to accept the donation from an anonymous donor in the amount of $40,000.

SECTION 3. The Mayor and City Council hereby authorize the Director of Finance to amend the FY 23-24 Budget revenue and expenditure accounts to approve donated funds to be used for senior programming ($10,000) and afterschool homework help ($20,000), and movies in the park ($10,000) at the Verdemont Community Center and Al Guhin Park.

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

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Resolution No. 2023-171
Resolution 2023-171
November 1, 2023

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the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

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

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2023-171
Resolution 2023-171
November 1, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-171, adopted at a regular meeting held on the ___ day of _______ 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 1, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Ernesto Salinas, Acting Director, Public Works
Department: Public Works
Subject: Amendment No. 1 to Agreement with Environmental Project Services, Inc. (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute Amendment No. 1 to Maintenance Services Agreement with Environmental Project Services, Inc. for Concrete Maintenance Services; and

2. Authorize the Director of Finance and Management Services to issue a purchase order in the amount not to exceed $2,000,000.

Executive Summary
A purchase order in the amount not to exceed $2,000,000 is being requested for concrete maintenance services with Environmental Project Services, Inc. These services are utilized for City wide sidewalk maintenance and repair. This reflects an increase of $1,000,000 from the current purchase order amount.

Background
The Department of Public Works, Operations and Maintenance Division, is responsible for all sidewalks, curbs, gutters, and cross gutters, as keeping them in good repair is essential to the safety of the public.

On March 16, 2022, the Mayor and City Council was presented with a staff report recommending the issuance of an annual purchase order for $1,000,000 for concrete maintenance services with the low bidder, Environmental Project Services Inc. (EPS). At that meeting, the Mayor and City Council approved the recommendation, which authorized the execution of an agreement with Environmental Project Services,

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Inc. and the issuance of an annual purchase order in the amount of $1,000,000.

On June 21, 2023, the Mayor and City Council adopted Resolution No 2023-080 authorizing the Agency Director of Administrative Services to allocate $3,000,000 of the General Fund balance designated as the “Capital Contingency Reserve” for street segment repairs and sidewalk projects. From that amount, $1,000,000 has been set aside for additional sidewalk projects.

Discussion
The City's Public Works Department has contracted-out sidewalk and gutter concrete repair services for several years and has been limited to work within a $1,000,000 cap. However, in recent years, the City has had significant increases in its concrete maintenance needs, particularly in terms of sidewalk maintenance. Repairing City sidewalks and gutters are a quality-of-life issue for the City's residents and a liability issue for the City.

The repairs that need to be made will vary; for example, they may involve a relatively simple replacement of a section or might consist of complex and/or larger concrete repairs. In other words, some repairs may involve lengthier stretches of sidewalk while others may involve complex repairs that involve matching curbs and gutters to existing forms.

In an effort to improve the City infrastructure and prevent potential legal claims from injuries resulting from broken or missing sidewalks, Staff is requesting an additional increase of $1,000,000 for concrete services. This increase will provide an opportunity for the Department to maintain, upgrade, and repair sidewalks, curbs, and gutters, and significantly reduce the amount of open work order requests which currently total 405 requests.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1d: Minimize risk and litigation exposure.

Approval of this recommendation will significantly reduce the risk of potential liability, and significantly reduce the amount of open work order requests.

Fiscal Impact
Therre is no General Fund impact with this action. The Purchase order amount of $2,000,000. was included in the FY 2023/24 budget.

Conclusion
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. 1 to Maintenance Services Agreement with Environmental Project Services, Inc. for Concrete Maintenance Services; and

2. Authorize the Director of Finance and Management Services to issue a purchase order in the amount not to exceed $2,000,000.

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Attachments
Attachment 1 Amendment No. 1 to Maintenance Services Agreement Attachment 2 Maintenance Services Agreement - Environmental Project Services Ward:

All Wards
Synopsis of Previous Council Actions:

June 21, 2023 Mayor and City Council adopted Resolution No. 2023-080 authorizing the Agency Director of Administrative Services to allocate $3,000,000 of the General Fund balance designated as the “Capital Contingency Reserve” for street segment repairs and sidewalk projects.

March 16, 2022 Mayor and City Council approved the recommendation, authorizing the execution of agreement with Environmental Project Services, Inc., and the issuance of an annual purchase order in the amount of $1,000,000.

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AMENDMENT NO. 1 TO

MAINTENANCE SERVICES AGREEMENT
WITH ENVIRONMENTAL PROJECT SERVICES, INC.

This Amendment No. 1 to the Agreement for concrete maintenance services is made and entered into as of November 1, 2023 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Environmental Project Services, Inc. a California Corporation (“Vendor”). City and Vendor are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Vendor have entered into an agreement, dated March 16, 2022, for the purpose of providing concrete maintenance services (the “Master Agreement”).

B. WHEREAS, the City and the Vendor have entered into Amendment No. 1 to the Master Agreement, dated November 1, 2023, for the purpose of amending the compensation of the Master Agreement.

C. WHEREAS, the Parties now desire to amend the Master Agreement in order to include additional funds for the continued performance of the services in accordance with the compensation provisions 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. There is no change to the term of the Master Agreement.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed One Million Dollars ($1,000,000), thereby increasing the total not to exceed compensation of the Master Agreement to the amount not to exceed Two Million Dollars ($2,000,000). Work shall be performed at the rates set forth in the Master Agreement.

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, 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.

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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 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 MAINTENANCE SERVICES AGREEMENT WITH
ENVIRONMENTAL PROJECT SERVICES, INC.

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

ENVIRONMENTAL PROJECT
SERVICES, INC.

Signature
Name
Title

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 1, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Ernesto Salinas, Acting Director, Public Works
Department: Public Works
Subject: Amendment No. 1 to Agreement with Horizons
Construction Company International (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 Amendment No. 1 to Maintenance Services Agreement with Horizons Construction Company International for Asphalt Maintenance and Repair Services; and

2. Authorize the Director of Finance and Management Services to issue a purchase order in the amount of $2,450,000.

Executive Summary
A purchase order in the amount of $2,450,000 is requested for Asphalt Maintenance and Repair Services with Horizons Construction Company International. These services are utilized for City wide street maintenance and repair. This request reflects a $2,000,000 increase to the current purchase order.

Background
The Operations and Maintenance Division (O&M) of the Public Works Department is responsible for the maintenance, repair, and clean-up of City-owned infrastructure and rights of way. In collaboration with the Engineering Division of Public Works, the Division is also responsible for ensuring the City’s streets, street medians, islands, curbs and related infrastructure are properly maintained, inspected, repaired, and painted/marked as needed. General maintenance and minor repair of asphalt streets (such as pothole filling or small segment repairs) is largely performed through in-house staff. Larger repairs (to include full street rehabilitation and slurry seals) are managed

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by the Engineering Division.

On February 1, 2023, the Mayor and City Council were presented with a staff report recommending the issuance of an annual purchase order for $450,000 for Asphalt Maintenance and Repair Services with the low bidder, Horizons Construction Company International. At that meeting, the Mayor and City Council adopted Resolution No. 2023-021 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget, execute an agreement with Horizons Construction Company International and issue an annual purchase order in the amount of $450,000.

On June 21, 2023, the Mayor and City Council adopted Resolution No 2023-080 authorizing the Agency Director of Administrative Services to allocate $3,000,000 of the General Fund balance designated as the “Capital Contingency Reserve” for street segment repairs and sidewalk projects. Of that amount, $2,000,000 was earmarked for street segment repairs and related maintenance.

Discussion
The City of San Bernardino has nearly 1,300 lane miles (574 center lane miles) of streets requiring routine inspection, maintenance, and repair. Routine repairs performed by O&M division staff generally involve traditional pothole patching, hot patch segment repairs and minor street shoulder repairs. Larger repairs and full street rehabilitation are managed by the City Engineer using contractual forces and are typically part of the City’s Capital Improvement Program (CIP). Medium-sized repairs of asphalt street segments, however, have been identified as an area requiring additional resources and contractual support.

Medium-sized repairs are typically defined as repairs which go beyond traditional pothole patching and may require hot patch asphalt segment repairs beyond 10 feet by 10 feet in size. These repairs may also include repairs to sections of asphalt streets that are deteriorated (alligatored) to the point that traditional pothole patching has no effect. Deterioration of street segments is often referred to as “alligatored” because of the unique appearance of the asphalt surface that resembles the pattern of an alligator’s skin (see Attachment 3). It is important to note that these repairs are not meant to provide a long-term solution, but, rather, provide a short-term solution while a street is awaiting a full rehabilitation.

As a result of an increase in medium-sized repairs throughout the City, the O&M Division began looking into alternatives designed to properly address such repairs in a more efficient, quicker, albeit short-term manner. They found that such repairs are best performed by contractors who can provide a variety of asphalt repair services a la carte, rather than taking on larger projects (such as full street rehabilitations) which may take years to complete. Similar in concept to contractual sidewalk repairs (which are beyond the scope of in-house staff), staff determined this was a feasible alternative that will provide a quicker response to alligatored and/or deteriorated street segments while the street awaits a full replacement.

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To ensure our City conducts timely and first-rate repair of deteriorated street segments, staff is requesting a revised purchase order in the amount $2,450,000 be established under this maintenance services agreement. This reflects an increase of $2,000,000 from the original amount of $450,000. Staff anticipates this increase will expedite the repair of streets that have potholes and deterioration that go beyond traditional pothole patching repairs.
2021-2025 Strategic Targets and Goals
This project is consistent with several City goals and targets. It is aligned with Key Target 1e: Minimize risk and litigation exposure. Approval of this agreement will reduce the risk of potential liability associated with tort cases and significantly reduce the amount of open work order requests. It is also aligned with Key Target 3c: Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
The total General Fund impact is $2,450,000. $2,000,000 has been appropriated to the FY 2023/24 operating budget for street segment repairs. Additionally, a purchase order was established in FY 2023/24 in the amount of $450,000 that is being carried over into FY 2023/24.

Conclusion
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. 1 to Maintenance Services Agreement with Horizons Construction Company International. for Asphalt Maintenance and Repair Services; and

2. Authorize the Director of Finance and Management Services to issue a purchase order in the amount of $2,450,000.

Attachments
Attachment 1 Amendment No. 1 to Maintenance Services Agreement Attachment 2 Maintenance Services Agreement with Horizons Construction Company International
Attachment 3 Fact Sheet on Types of Asphalt Surface Damage Ward:

All Wards
Synopsis of Previous Council Actions:

February 1, 2023 Mayor and City Council adopted Resolution No. 2023-021 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget and
approve the recommendation, awarding a Maintenance

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Services Agreement to Horizons Construction Company
International.

June 21, 2023 Mayor and City Council adopted Resolution No 2023-080 authorizing the Agency Director of Administrative Services to allocate $3,000,000 of the General Fund balance designated as the “Capital Contingency Reserve” for street segment repairs and sidewalk projects.

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AMENDMENT NO. 1 TO

MAINTENANCE SERVICES AGREEMENT

WITH HORIZONS CONSTRUCTION COMPANY INTERNATIONAL
This Amendment No. 1 to the Maintenance Services Agreement for asphalt maintenance and repair services is made and entered into as of November 1, 2023 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Horizons Construction Company International, a California Corporation (“Vendor”). City and Vendor are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Vendor have entered into an agreement, dated February 1, 2023, for the purpose of providing asphalt maintenance and repair services (the “Master Agreement”).

B. WHEREAS, the City and the Vendor have entered into Amendment No. 1 to the Master Agreement, dated November 1, 2023, for the purpose of amending the term and compensation of the Master Agreement.

C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of one year, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.

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 for an additional term of one year through June 30, 2025, unless earlier terminated.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed Two Million Dollars ($2,000,000), thereby increasing the total not to exceed compensation of the Master Agreement to the amount of Two Million Four Hundred Fifty Thousand Dollars ($2,450,000). Work shall be performed at the rates set forth in the Master Agreement.

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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 MAINTENANCE SERVICES AGREEMENT WITH

HORIZONS CONSTRUCTION COMPANY INTERNATIONAL
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

HORIZONS CONSTRUCTION
COMPANY INTERNATIONAL, INC.

Signature
Name
Title

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CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 1st day of February, 2023, by and between the City of San Bernardino, a 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 HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, a CALIFORNIA CORPORATION, with its principal place of business at 432 W Meats Avenue, Orange, CA 92865 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing Asphalt Maintenance and Repair Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the Asphalt Maintenance and Repair Services project (“Project”) as set forth in this Agreement.

3. T ERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Asphalt Maintenance and Repair Services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from February 1, 2023, to June 30, 2024, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

The Parties may, by mutual, written consent, extend the term of this Agreement, if necessary, to complete the Services.

DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB

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3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor 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. Contractor 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.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Ernesto Salinas, 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 Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Kinan Kotrash, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB

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Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, 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, Contractor 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 Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, 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.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB

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requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.2.10.6 Air Quality. 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 DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB

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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.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor 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, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

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(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and the policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability $2,000,000 MINIMUM per occurrence for bodily injury, personal injury, and property damage; and $4,000,0000 aggregate. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $1,000,000 MINIMUM; per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease; (4) Cyber Liability: $1,000,000 PER OCCURRENCE/AGGREGATE for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; (Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB

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including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB

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against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. 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 provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

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3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

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3.2.15 Work Site.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB

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replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred Fifty Thousand Dollars ($450,000). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies 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 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” 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.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB

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penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). 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.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor 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 Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. 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.

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3.5 General Provisions.

3.5.1 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:

Contractor:

Horizons Construction Company International, Inc.
432 W Meats Avenue
Orange, CA 92865
Attn: Kinan Kotrash
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
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB

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award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB

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3.5.10 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.

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 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.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the 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.

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

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

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

3.5.19 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB

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incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

HORIZONS CONSTRUCTION
COMPANY INTERNATIONAL, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
DIR Registration Number
Charles E. McNeely,
Interim City Manager
DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB Vice President
Kinan Kotrash

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EXHIBIT A

SCOPE OF SERVICES

PROPOSED SCOPE OF PROJECT/EQUIPMENT SERVICES
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.

Asphalt Maintenance and Repair
General. The City of San Bernardino has approximately 534 center lane miles, approximately 45 parking lots at City parks and City owned facilities, and nearly 120 alleys with asphalt pavement. The City is responsible for repairing, maintaining, and replacing (as needed) asphalt pavement at all these locations through a combined effort between the Engineering and Operations and Maintenance (O&M) Divisions of Public Works. The O&M Division performs minor maintenance and temporary repairs of many asphalt streets and parking lots while the Engineering Division manages larger projects.

This project addresses minor to medium-sized asphalt repairs on City streets, parking lots, alleys, and other related infrastructure and is administered through the O&M division. It seeks the services of an experienced, fully licensed contractor for Asphalt Maintenance Repair Services with experience in municipal settings.

Materials. All asphalt materials shall meet the standard requirement of Section 400 of the Green Book standard specification for Public Works Construction, latest edition.

Materials shall also be free of any residues caused by the artificial distillation of coal, coal tar, or paraffin. The material shall also be free of water and must be of the same kind/texture for the entire job. All types must be of PG6410 grade. Contractor must have the ability to supply the following:

Asphalt Material
• Type 3/4”
• Type ½”
• Type 3/8”
• Type extra fine
• Asphalt emulsion SS 1h
Reporting and Notification. The vendor will be required to notify the Contract Administrator 24 hours prior to any scheduled work at a pre-approved work site. Before and after pictures of work are required and will be sent to the contract administrator after completion of each job or work task.

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EXHIBIT A
Hours of Operation. All work will be performed Mondays to Saturday within the hours of 7 a.m. to 9 p.m. unless otherwise exempted by the Contract Administrator.

Customer Service and After-Hours Notification. The vendor is required to have a dedicated after-hours notification line monitored and answered by an employee that can dispatch crews should an after-hour emergency or urgent issue occur.

Special Projects. The Contract Administrator will determine when areas of maintenance may require significant upgrades that are not within the normal scope of the maintenance services agreement. In such cases, a quote will be requested for the desired work performed and work may begin once approved and a purchase order is issued.

Requests from The Public. The vendor is prohibited from taking direct requests from any residents, City staff (not affiliated with the Operations and Maintenance Division), or any other organizations. The vendor will make every effort to politely inform the requesting individual to contact the Contract Administrator or San Bernardino’s Help Line. Any instance of work performed as a result of a direct request outside of the Contract Administrator will be cause for termination of the vendor services agreement.

Licenses The Vendor shall confirm that it has all licenses (A, Class C-8, and Class C- 12), permits, certifications, qualification and approvals of whatever nature that are legally required to provide asphalt paving/repair services, including a City business license, and that such license and approvals shall be maintained throughout the term of this Contract.

Safety Requirements. Vendor’s employees shall wear appropriate personal protection equipment as required.

Traffic Control. Traffic control is the responsibility of the vendor to implement; however, the contract administrator may assist as needed for larger lane or road closures which may require an official traffic control plan.

Contractor Compliance/Other Info. If the Contract Administrator determines that there are deficiencies in the performance of this project, he or she will provide a written notice to the contractor stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be at least a 30-day notice or as determined by the Contract Administrator to correct the specified deficiencies.

Should the contractor fail to correct any deficiencies within the stated time frame, the Contract Administrator may exercise the following measures:
a. Deduct from the contractor’s payment the amount necessary to correct the deficiency, including City overhead costs and impose a deficiency deduction. b. Withhold the entire or partial payment.

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EXHIBIT A
c. Terminate the contract.

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EXHIBIT B

SCHEDULE OF SERVICES
Technical. Vendor shall provide manpower, tools, equipment, and materials to perform minor to medium-sized asphalt repair or construction services. Vendor shall possess valid Class C12 Earthwork and Paving contractor license from the State of California at the time of this quote, and for the duration of this contract. Vendor’s staff will have the applicable training, certifications, and skills necessary to perform the services required as requested in this request for quotes. Generally, the Vendor will be notified at least two weeks before services are required unless services are of an emergency nature. The Contract Administrator will work with the vendor to determine appropriate time-frame for completion of the requested work task and will consider factors such as material shortages due to national supply chain delays.

Services Required
Asphalt Overlay (Machine Method). Vendor shall place a 1” thick overlay of PG70-10 ½” over an existing asphalt-leveling course or a PG70 10 3/4” patch. Lap edges tee cut twelve inches. The areas normally range in size from 10 to 100 square feet, but some requests may be larger. A tack coat is required. Please note: If an existing patch or temporary material is too high, the vendor will scrape down and/or saw cut and remove existing patch prior to overlay. Saw-cutting is absorbed with the cost provided for this task and is not billed separately.

Slurry Seal Single Coat. Slurry seal single coat shall be Guard top as manufactured by Industrial Asphalt or of any equal kind. It shall be applied with 15% water mix at 20 gallons per every 1,000 square foot area. The vendor will remove, clean, and scrape any accumulation of oil and foreign matter prior to application of the slurry seal. The oil seal and crack filler to be applied shall confirm to Section 37-1 of Caltrans Standard Specification, current edition. Oil and crack filler costs are included in the price quoted for slurry seal single coat by the vendor. Payment is based on square footage.

Slurry Seal Double Coat. Slurry seal double coat shall be Guard top as manufactured by Industrial Asphalt or of any equal kind. It shall be applied with 15% water mix at 30 gallons per every 1,000 square foot area. The vendor will remove, clean, and scrape any accumulation of oir and foreign matter prior to application of the slurry seal. The oil seal and crack filler to be applied shall confirm to Section 37-1 and 37-2 of Caltrans Standard Specification, current editions. Oil and crack filler costs are included in the price quoted for slurry seal single coat by the vendor. Payment is based on square footage.

Asphalt Berm. Asphalt berm shall be placed per City standards unless otherwise exempted by the Contract Administrator. Some special berms may be requested for flood-prone areas and may require a height up to 10”.

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EXHIBIT B
Rubberized Crack Sealing. Crack sealing work will include cleaning and sealing asphalt pavement cracks ¼” and greater in width. The crack filler shall be a mixture of paving asphalt and ground rubber or ground rubber and polymer that confirms to current Caltrans standards. The gradation of the ground rubber shall be such that 100% will pass a No. 8 sieve. All cracks shall be blown free of loose materials with a high- pressure nozzle (at least 90 psi or greater). All excess materials shall such as sand shall be swept upon job completion.

Striping and Marking. The City will provide striping and marking services for completed jobs that may require it. Should striping be requested of the vendor, a separate quote will be requested.

Emergency Response. The vendor shall respond to emergencies within 2 hours of request by the Contract Administrator or his representative.

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EXHIBIT C

COMPENSATION
ATTACHMENT “C”

VENDOR QUOTE FORM
VENDOR NAME: Horizons Construction Company International, Inc.

ADDRESS: 432 W Meats Avenue, Orange, CA 92865
PHONE: (714) 626-0000
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:

ASPHALT MAINTENANCE AND REPAIR
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 Unit Estimated Qty. Unit Cost Total Cost
Asphalt Skin Patching –
1” Machine Overlay
• 1 to 1,500 square feet SF 1,500 8.90 13,350
• 1,501 to 2,500 square feet SF 2,500 5.38 13,450
• 2,501 to 4,000 square feet SF 4,000 4.23 16,920
• 4,001 to 10,000 square feet SF 10,000 4.16 41,600
Slurry Seal Single Coat
• 1 to 100 square feet SF 400 0.98 392
• 101 to 500 square feet SF 1,500 0.75 1,125
• 501 to 1,000 square feet SF 4,000 0.58 2,320
• 1,001 to 5,000 square feet SF 10,000 0.50 5,000
Slurry Seal Double Coat
• 1 to 100 square feet SF 400 1.69 676
• 101 to 500 square feet SF 1,000 1.40 1,400
• 501 to 1,000 square feet SF 1,000 1.35 1,350
• 1,001 to 5,000 square feet SF 5,000 1.30 6,500
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EXHIBIT C
Remove Temporary Asphalt and
Replace with 3” Permanent
Asphalt
• 1 to 100 square feet SF 400 6.86 2,744
• 101 to 500 square feet SF 1,000 6.61 6,610
• 501 to 1,000 square feet SF 3,000 6.50 19,500
• 1,001 to 5,000 square feet SF 5,000 6.44 32,200
10” Asphalt Berm (lineal feet) LF 120 52.00 6,240
Rubberized Crack Filling LF 1,500 1.50 2,250
Total Number of Additional Pages: 0
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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Attachment 3
Fact Sheet on the Types of Asphalt Surface Damage and Suggested Repairs Because of its durability, asphalt remains the most common type of road surfacing material used for streets, roads, and parking lots in the United States. Unfortunately, asphalt is not foolproof and will sustain damage over time. This damage is most represented in the form of potholes. Potholes, however, are not the only type of surface damage on asphalt streets and the suggested repairs will vary depending on the desired outcome and desired timespan.

The below table describes the type of asphalt surface damage and suggested methods of repair (whether temporary or longer term).

Type Description and Suggested Method of Repair
Asphalt Cracks Most common type of pavement damage. Vary in size but most are thin and may run deep into the surface of the asphalt pavement.

These are typically resolved with a process called crack-sealing. If left unrepaired, it may lead to large potholes or full street deterioration which would require street resurfacing.

Potholes The most commonly-reported asphalt damage by residents and motorists, potholes occur when cracks grow large enough to allow water to seep into the asphalt and break it apart. This results in large or small holes in the surface (sometimes, deep into the sublayers of the street). Potholes are generally repaired with asphalt mix (hot or cold) depending on size and depth. Pothole repairs are always temporary and will usually return if the pavement is not resurfaced. Rains will generally cause potholes to reappear (especially once the weather warms up).

Alligatoring Alligatoring is typically the result of the expansion or contraction of asphalt due to weather/temperature changes. As its names implies, the surface of the street will resemble the scales of an alligator. If left untreated, it can result in large segments of asphalt deterioration. Resurfacing or hot mix-segment repairs are effective options although completely rehabilitating the street section is best.

Ruts Ruts are best described as deep depressions (dips or mounds) in the middle of the pavement or near the edges. They are typically caused by heavy loads and/or excessive traffic volume. Most ruts are found near industrial areas where large trucks are common or at bus stop intersections. Ruts may be repaired with grinding and resurfacing treatments but are best resolved with a full rehabilitation of the street segment.

Raveling Raveling occurs when asphalt particles flake off the surface of the asphalt pavement. Once the top layer wears off and the underlying aggregate is exposed, decreased traction will become common and further deterioration of the surface will occur. Raveling may be repaired with a resurfacing treatment but it is important that it be caught early on. Hot mix segment repairs may be a good option.

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6 2
Images of Type of Asphalt Damages
Asphalt Cracks
Alligatoring
Traditional Pothole

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Ruts
Raveling

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: November 1, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Suzie H. Soren, Director of Human Resources
Department: Human Resources
Subject: Proposed Administrative Policy Establishing the Municipal Volunteer Program (MVP) for the Offices of Elected
Officials (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and consider the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2023-172 as presented establishing the Municipal Volunteer Program (MVP) – Offices of the Elected Officials Policy.

Executive Summary
On April 19, 2023, the Mayor & City Council unanimously voted to have the administrative policy establishing the Municipal Volunteer Program (MVP) for the Offices of Elected Officials brought forward for consideration. The policy will outline the process for requesting, onboarding, and offboarding volunteers (including interns) in the Offices of the Mayor and City Council. Establishing the policy has no financial impact to the City.

Background
The City of San Bernardino is a charter city operating under a council-manager form of government. The City Charter is the document adopted by voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like.

In addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear

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set of guidelines that align with the laws and regulations that govern the City.

On February 3, 2021, the Mayor and Council provided conceptual support for the development of a comprehensive administrative policy manual.

On July 21, 2021, the Mayor and City Council did not take action on the MVP policy pertaining to the Offices of Elected Officials.

On April 19, 2023, the Mayor and City Council unanimously voted to have the policy brought forward for consideration again.

Discussion
The Municipal Volunteer Program is the perfect opportunity for the community to get involved in civic activities. Volunteers are an important part of any organization and a valuable asset to the City. Volunteers help to increase responsiveness, delivery of services and information input, and provide new program opportunities. A volunteer is an individual, including an unpaid intern, who performs a service for the City without promise, expectation, or receipt of compensation for services rendered. Accordingly, a policy establishing a uniform method for the management of City volunteers to ensure consistency is recommended.

This policy will only apply to volunteers in the Offices of the Mayor and City Council and does not apply to volunteers working on a one-day assignment for a community clean-up, park improvement project, or similar activity that does not extend beyond a single day of service.

Recruitment, Selection, and On-Boarding
To begin the recruitment process or to request a volunteer position, a Volunteer Requisition Form (VRF) will need to be submitted to the Human Resources Department for processing. The VRF will be submitted and will list the duties and responsibilities assigned to the volunteer, the duration of assignment, and the supervising City employee responsible for the oversight of the volunteer. A background investigation will be conducted on each volunteer before on-boarding with the City. A volunteer may not begin their assignment without completing the required paperwork including a volunteer release and waiver of liability form and a confidentiality and non-disclosure agreement to protect the City’s interests. Once the volunteer is clear for on-boarding with the City, staff shall submit to the Human Resources Department the Volunteer Access List (VAL) form identifying the information technology and phone access levels requested for the volunteer. Tools and equipment including the office space required for the volunteer will need to be included in the department’s existing authorized budget.

Supervision of Volunteers
Each volunteer who is accepted to a position with the City must have a clearly identified supervisor who is a City employee and will be responsible for direct management and oversight of that volunteer. The supervisor is responsible for scheduling the volunteer’s

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hours while keeping the safety of the volunteer a top priority. It is important to consider the nature of the work volunteers are performing and how much attention each requires when determining the number of volunteers assigned to each supervisor. The nature of the work being performed and how much attention it requires in conjunction with supervisors’ existing deliverables and priorities should govern the number of volunteers assigned.

Special Considerations
To ensure that the City is able to provide the necessary oversight and support for volunteers working with the offices of the Mayor and City Council, this policy establishes limits for the number of assigned volunteers supporting each of our elected officials. Under the MVP – Offices of Elected Officials policy, each Council member and the Mayor will be limited to one (1) volunteer at any given time. Additionally, to avoid any conflicts with the Political Reform Act and the use of City facilities and resources for political purposes, a City volunteer working in an elected official’s office cannot simultaneously work (or volunteer) on the elected official’s campaign.

End of Assignment
At the end of the assignment the Offices of the Mayor and City Council will notify the Human Resources Department and submit a VAL form to turn off all access levels to the City’s systems and process any other necessary paperwork such as the Department of Justice forms to end the subsequent notifications of any activity associated with the volunteer
2021-2025 Strategic Targets and Goals
Approval of this administrative policy aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by establishing clear and concise procedures for staff and elected officials to follow that promote a professional environment and contribute toward a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
There is no financial impact associated with the development of an administrative policy beyond dedicated staff time, City equipment and/or work space.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and consider the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2023-XXX as presented establishing the Municipal Volunteer Program (MVP) – Offices of the Elected Officials Policy.

Attachments
Attachment 1 - Resolution 2023-172
Attachment 2 - Exhibit A – Municipal Volunteer Policy (MVP) – Offices of Elected Officials

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Ward:

All Wards
Synopsis of Previous Council Actions:

February 3, 2021 The Mayor and Council provided conceptual support for the development of a comprehensive administrative policy
manual.

July 21, 2021 The Mayor and City Council did not approve the policy pertaining to the Offices of Elected Officials.

April 19, 2023 The Mayor and City Council unanimously voted to have the policy brought forward for consideration once again.

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Resolution No. 2023-172
Resolution 2023-172
November 1, 2023

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RESOLUTION NO. 2023-172

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ESTABLISHING THE MUNCIPAL VOLUNTEER
PROGRAM (MVP) – OFFICES OF ELECTED OFFICIALS
POLICY
WHEREAS, the City of San Bernardino is a Charter City operating under a Council- Manager form of government; and
WHEREAS, the City Charter is the document adopted by voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like;
WHEREAS, in addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City; and WHEREAS, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City.

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 of San Bernardino Administrative Policy – Municipal Volunteer Program (MVP) – Offices of Elected Officials, attached hereto and incorporated herein as Exhibit A, is hereby approved.

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

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Resolution No. 2023-172
Resolution 2023-172
November 1, 2023

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of November 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. 2023-172
Resolution 2023-172
November 1, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-172, adopted at a regular meeting held on the 1 st day of November 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

City of San Bernardino - Administrative Policy Manual

City of San Bernardino
Administrative Policy Manual

Subject: Municipal Volunteer Program (MVP) - Offices of Elected Officials

Purpose: To establish a policy and procedure for the use of volunteers.

Authority: Resolution No. ______________

Scope:

Unless otherwise stipulated herein, this policy applies to all volunteers working in the offices of elected officials within the Office of the Mayor and the City Council Office.

Qualified volunteers are used for specified tasks and duties to create efficiencies and improve services to the community. Volunteers are an important part of any organization and are a valuable asset to the City. Volunteers help to increase responsiveness, delivery of services and information input, and provide new program opportunities. In addition, volunteers bring new skills and expertise to the City and prompt new enthusiasm. A volunteer is an individual, including an unpaid intern, who performs a service for the City without promise, expectation, or receipt of compensation for services rendered.

Exemption from Scope
None

Policy:

Recruitment & Equal Opportunity
Volunteers may be recruited on a continuous and ongoing basis. To begin the recruitment process a Volunteer Requisition Form (VRF) shall be submitted to the Human Resources Department for processing. The VRF form will be signed by a department head or designee and shall include the duties and responsibilities assigned to the volunteer, the anticipated duration of the assignment, and the supervising City employee responsible for oversight of the volunteer.

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Procedure for the Municipal Volunteer Program (MVP)

City of San Bernardino - Administrative Policy Manual
Community members are encouraged get involved in civic activities through volunteer opportunities with the City. A primary qualification for participation in the process should be an interest in, and an ability to assist the City in serving the public. All parties should understand that the recruitment of volunteers is enhanced by creative and interesting assignments.

The City affords equal opportunity to all qualified volunteers, and prohibits discrimination on the basis of race, religious creed, disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, or military and veteran status or other basis protected by law.

Background Investigation
A background investigation will be conducted on each volunteer before onboarding with the City. The investigation may include references and background information, including criminal records of individual candidate’s consistent with applicable state and federal laws and regulations. The volunteer will not be privy to any information revealed during the course of the background investigation or receive feedback about the investigation. Any false statement, either written or verbal, will cause the volunteer’s name to be removed from consideration for the volunteer program and will be cause for immediate dismissal if an appointment has been made.

Selection and Placement
Service as a volunteer with the City will begin with an official notice of acceptance or appointment to a volunteer position. Notice may only be given by an authorized representative of the City. No volunteer will begin any assignment until they have been officially accepted for a position and completed all required screening and paperwork, including but not limited to a volunteer release and waiver of liability. Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and the needs of the City.

The department head or designee shall submit to the Human Resources Department, the Volunteer Access List (VAL) form inclusive of the department head’s signature identifying the information technology and phone access levels requested for the volunteer. Tools and equipment including the office space required for the volunteer will need to be included in the department’s existing authorized budget.

Confidentiality and Non-Disclosure
All volunteers are required to abide by the same standards of confidentiality and non- disclosure required by employees of the City. With appropriate clearance, volunteers

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Procedure for the Municipal Volunteer Program (MVP)

City of San Bernardino - Administrative Policy Manual
may have access to confidential, sensitive, or privileged information or materials.

Unless otherwise directed by a supervising City employee, all such information shall be considered confidential. Only that information specifically identified and approved by authorized personnel will be released. The use of any confidential, sensitive, or privileged materials, and removing materials or reproductions is strictly prohibited, except as required in the rightful discharge of the duties performed by the volunteer.

Each volunteer will be required to sign a nondisclosure agreement before being given an assignment. Subsequent unauthorized disclosure of any confidential information, verbally, in writing or by any other means, by the volunteer is grounds for immediate removal. Additionally, the City may seek other criminal or civil sanctions or damages allowed by law.

Supervision of Volunteers
Each volunteer who is accepted to a position with the City must have a clearly identified supervisor, a City employee, responsible for direct management and oversight of that volunteer. The supervisor is responsible for scheduling the volunteer’s hours while keeping the safety of the volunteer a top priority, will be responsible for day-to-day management and guidance of the work of the volunteer, and should be available to the volunteer for consultation and assistance. A volunteer may be assigned and act as a supervisor of other volunteers provided that the supervising volunteer is under the direct supervision of a City employee at all times.

Following are some considerations to keep in mind while supervising volunteers:
(a) Take the time to introduce volunteers to employees on all levels. (b) Ensure volunteers have work space and necessary office supplies. (c) Make sure the work is challenging. Do not hesitate to give them an assignment or task that will tap these valuable resources.

It is important to consider the nature of the work volunteers are performing and how much attention each requires when determining the number of volunteers assigned to each supervisor. For example, assignments with high degrees of collaboration and interaction might productively tolerate no more than one or two volunteers. The nature of the work being performed and how much attention it requires in conjunction with supervisors existing deliverables and priorities should govern the number of volunteers assigned.

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Procedure for the Municipal Volunteer Program (MVP)

City of San Bernardino - Administrative Policy Manual

Mayor and City Council Special Considerations
In order to ensure that the City is able to provide the necessary oversight and support for volunteers working with the offices of the Mayor and City Council this policy establishes limits for the number of assigned volunteers supporting each of our elected officials. Under this policy, each Councilmember and the Mayor will be able to have one (1) volunteer at any given time. Additionally, in order to avoid any conflicts with the Political Reform Act and the use of City facilities and resources for political purposes, a City volunteer working in an elected official’s office cannot simultaneously work (or volunteer) on the elected official’s campaign.

Property and Equipment
Volunteers will be issued an identification card that must be worn at all times while onsite or performing the duties of their assignment with the City. Volunteers shall not maintain they represent the City in any matters outside the scope of their assignment, and will be identified as City volunteer in all communications. If a working title is used, the title will include the volunteer designation for enhanced transparency. For example, if the volunteer is an office worker then title used by the volunteer would be “VOLUNTEER Office Worker.”
All property and equipment will need to remain onsite or under the supervision of the City employee. Volunteers shall not be allowed to drive City vehicles or drive their personal vehicle for City business.

Fitness for Duty
No volunteer shall report to their assignment when their judgment or physical condition has been impaired by alcohol, medication, and other substances.

Dress Code
Volunteers are responsible for presenting a professional image to the community.

Volunteers shall dress appropriately for the conditions and performance of their duties.

End of Assignment
Any fixed and portable equipment issued by the City is for official and authorized use only. Any property or equipment issued to a volunteer will remain the property of the City and shall be returned at the end of the assignment to the volunteer supervisor.

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Procedure for the Municipal Volunteer Program (MVP)

City of San Bernardino - Administrative Policy Manual
Procedure:

Responsibility Action
Requesting Department 1. Prepare a Volunteer Requisition Form
Human Resources Department 2. Contact requesting department to review volunteer criteria and
when appropriate forward
qualified candidates for
department review
Human Resources Department 3. Complete Background
Investigation
Human Resources Department 4. Onboarding paperwork
Requesting Department 5. Complete the Volunteer Access List form
Requesting Department 6. On completion of volunteer’s
assignment provide notification to
the Human Resources
Department + submit the
Volunteer Access form

ATTACHMENTS

1. Volunteer Requisition Form (VRF)

2. Volunteer Access List (VAL)

3. Confidentiality and Non-Disclosure Agreement

4. Volunteer Release and Waiver of Liability

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Volunteer Requisition Form

CITY OF SAN BERNARDINO

PURPOSE: To request a recruitment to appoint a volunteer or to process associated paperwork to appoint a volunteer.

INSTRUCTIONS: Forward the completed form (electronic or hard copy) to the Human Resources Department by Wednesday in order for the recruitment to be considered to open on Monday. For assistance call 909-384-5104.

Department Name:

Assigned Division:

Primary Contact: Ext:

Alternate Contact: Ext:

Request date to open recruitment:

Number of volunteers to be appointed:

Duration of Assignment:

ANTICIPATED TIMEFRAME

Volunteer’s Supervisor:

PRINT NAME (City Employee)

Department Head Signature:

Department Head: Date:

PRINT NAME

Established: 03/17/2021
Justification/Reason for Request:

Volunteer’s Assigned Duties & Responsibilities:

Desired Knowledge, Skills, & Abilities that will meet the needs of the Department:

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Page 1 of 1 ends

Est: 03/17/21

Volunteer Access List (VAL)
Action: Appointment
Effective Date:

Name, Title & Department /Division Assignment
Name:

Include legal name and, if applicable, preferred/nickname in parentheses New Name if Changed:

Department: Division:

Limited Term: ☐Yes ☐ No
If “Yes” Anticipated End Date:

Existing Desk/Landline Phone #:

Existing Desk/Landline Phone Extension #:

Work Scheduled & Location
Employee’s Work Location: Work Days & Hours:

Information Technology & Phone Access Requests

REQUEST ACCESS ☐ Windows Account (includes Internet Access) ☐ Activate ☐ Modify ☐ Remove ☐ E-Mail Box ☐ Activate ☐ Modify ☐ Remove
☐ U-Drive/ S-Drive/ T-Drive ☐ Activate ☐ Modify ☐ Remove ☐ New Desk/Landline Phone ☐Main#: Ext#: ☐ Activate ☐ Modify ☐ Remove ☐ CRM System - Assign Open Requests to: ☐ Activate ☐ Modify ☐ Remove ☐ Intranet Phonebook Entry ☐ Activate ☐ Modify ☐ Remove ☐ Other: ☐ Activate ☐ Modify ☐ Remove
☐ Other: ☐ Activate ☐ Modify ☐ Remove
☐ Other: ☐ Activate ☐ Modify ☐ Remove

Badge
☒ City Badge Card: Card ☐ Activate ☐ Modify ☐ Remove ☐ Replace** Card Access Hours:
☐ PD Access Badge Card: ☐ Activate ☐ Modify ☐ Remove ☐ Replace

Department Point of Contact:

Department Head Signature: Date:
*Please note that supervisors are responsible at the time of separation to ensure all City property items are collected (badge, parking permits, etc).
**A $10 replacement fee will be charged to volunteers for lost, stolen or damaged badges.

Notes: Please identify permission level for requests.

SEPARATIONS: Please list the last date physically worked.

Temporarily Disable All Access
Delete All Access

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CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

I, _________________________, as a volunteer of the City of San Bernardino (“City”), will abide by the same standards of confidentiality and non -disclosure required by employees of the City. I understand that I may come into contact with confidential, sen sitive, or privileged materials. I agree to maintain the confidentiality of such information and will not divulge such materials to anyone for any purpose without the express consent or direction of my supervisor or other City personnel. I agree that I wi ll not use any confidential, sensitive, or privileged materials for myself or others, and that I will not take any materials or reproductions thereof containing confidential, sensitive, or privileged materials from City facilities at any time during or after my volunteer service, except as required in the rightful discharge of my duties for the City. I understand and agree that my failure to comply with the confidentiality requirements set forth in this Agreement is grounds for discipline up to and includi ng termination of the volunteer relationship. Additionally, the City may seek other criminal or civil sanctions or damages allowed by law.

I understand that confidential information covered by this Agreement includes:
a) Any attorney -client privileged ma terials, attorney work product, or closed session materials.
b) City employee personal identification information, employee work schedules, employee numbers, code combinations to doors, gates, secure areas, etc., and any other private personal, protected or sensitive information that is only disclosed to volunteers by virtue of their service to the City.
c) All data and information related to the City computer systems, computer printouts, internal memorandums, briefing notes, e -mails, passwords and any othe r material, whether written or oral, that relates to the function of the City. d) All personal data and information learned, discovered, overheard, etc., in the course of volunteer’s service related to a private, protected or sensitive nature.

The restrictions of this Agreement regarding use and disclosure of information shall continue to apply after termination of the volunteer relationship.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO COMPLY WITH IT IN EVERY RESPECT.

VOLUNTEER

DATE

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City of San Bernardino

VOLUNTEER RELEASE & WAIVER OF LIABILITY
Required by the City of San Bernardino for all volunteers.

Please read carefully! This is a legal document that affects your legal rights.

I want to participate in volunteer activities for the City of San Bernardino, henceforth referred to as City. As a City volunteer, I freely, voluntarily, and without duress execute this Release and Waiver under the following terms:

1. Assumption of Risk. I understand that my work for the City may include act ivities that are hazardous and/or physically strenuous and that I may be exposed to personal injury or damage to my property as a result of my activities, the activities of other persons, or the conditions under which my services are performed while partic ipating in City volunteer activities.

Though the City will provide me with support, supervision, training, and supplies to accomplish assigned tasks, I agree to th e following:
 □ I will follow all instructions provided by the City, its employees, or volunteer coordinators.  □ I will only use equipment that I know how to operate and use safely.  □ I will not undertake any activity for which I do not feel sufficiently prepared or able and until I have received instructions.  □ I will take all reasonable precautions to avoid injury to myself and to others and damage to property.  □ Finally, I agree to assume the risk of injury or harm and release the City, its officers, directors, employees, and other City volunteers from all liability for injury, illness, death, or property damage arising from my work as a volunteer.

2. Waiver and Release. I hereby release and forever discharge and agree to indemnify, protect, defend and hold the City, its elected officials, boards, commissions, officers, agents and employees free and harmless from any and all claims, liabilities , losses, liens, damages, costs and expenses resulting from injury or death of any person or persons’ property damage or that may arise out of my work as a volunteer. I understand that this release discharges the above entities from any liability that may result from my work whether or not caused by the negligence of the City.

3. Medical Treatment. I release and discharge the City from any claim that arises or may arise due to any first aid, medical treatment, or service rendered to me.

4. Insurance. The City does not have responsibility for providing any health, medical or disability insurance coverage for me.

IT IS MY RESPONSIBILITY AS A VOLUNTEER TO ENSURE I HAVE MEDICAL/HEALTH INSURANCE.

□ I understand that if I drive my personal vehicle for City business while volunteering, I must have a valid driver’s license and proof of auto insurance.

5. Photographic Release. I grant to the City the right to use photographic images and video or audio recordings of me that are made by the City or others during my volunteer work for the City.

6. Duration of Release. My agreement to the terms in this Release & Waiver applies as long as I volunteer for the City.

7. Other. I agree that this Release and Waiver is intended to be as broad and inclusive as permitted by the laws of California and that this Release and Waiver is governed by and will be interpreted according to the laws of California. I understand that should any part of this Release and Waiver be ruled invalid by a court, the other parts will remain valid and continue to be in effect.

I certify that I am at least eighteen (18) years of age or have had this document signed by my parent or guardian.

PRINT Adult’s Name If consenting for a minor, print name(s) on lines above and below

Street Address

City, State, Zip Telephone E-mail Address
__
Signature Date Emergency Contact Telephone

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: November 1, 2023
To: Honorable Mayor and City Council Members
From: Ben Reynoso, Council Member, 5th Ward
Department: Council Office
Subject: Consider the installation of a stop light on the corner of 35th Street and E street to enhance school safety
(Wards 5, 7) - Council Member Reynoso

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Mayor and City CouncilNovember 1, 2023

Mayor and City Council
November 1, 2023