Agenda packet, regular meeting, first session — Mayor and City Council, January 17, 2024 (part 3 of 6)

SECTION 5. The compensation for Principal Planner, range 613, $10,228- $12,431/month, is hereby approved.

SECTION 6. The Deputy Director/City Planner (U) is reclassified to City Planner (U), range 629, $11,077-$13,465, is hereby approved.

SECTION 7. The city-wide salary schedule incorporated herein as Exhibit A, is hereby approved.

SECTION 8. 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 9. 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 10. 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 17th day of January 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 518
Resolution No. 2024-014
Resolution 2024-014
January 17, 2024

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-014, adopted at a regular meeting held on the 17th day of January 2024 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 ____________ 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 519
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024 EXHIBIT A
City of San Bernardino
Salary Schedule
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION 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
30312
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
502
580
430
480
530
580
530
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
$6,016.12
$8,676.49
$4,106.44
$5,268.72
$6,761.38
$8,676.49
$6,912.39
$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
$7,312.88
$10,546.10
$4,990.33
$6,403.92
$8,218.29
$10,546.10
$8,401.84
$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

ASSISTANT CITY MANAGER (U) EXECUTIVE

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 Packet Page. 520 ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30072
30073
30074
10500
30502
20263
30650
30651
20271
10870
30292
10398
50280
10399
00601
10370

PENDING
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

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)
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
$27,083.33
$11,077.95
$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
$2,782.00
$5,662.13
$5,752.33
$2,782.00
$5,306.66
$3,083.43
$3,373.81
$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
$27,083.33
$13,465.34
$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
$3,382.00
$6,882.49
$6,991.46
$3,382.00
$6,449.49
$3,748.43
$4,100.89
$4,310.37

MONTHLY

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

MANAGEMENT

CHIEF OF POLICE EXECUTIVE

CITY CLERK (U)

CITY COUNCIL

CITY MANAGER (U)
636
NA
NA
NA
NA

MANAGEMENT

GENERAL

CONFIDENTIAL

GENERAL
CITY PLANNER (U) 629
620
563
441
472
482
420
446
438
600
470
556
388
488
458
427
480
438
585
506
400
493
368
490
493
368
477
368
386
396

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

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
NA

MIDDLE MANAGEMENT

GENERAL

CUSTOMER SERVICE REPRESENTATIVE

CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)

GENERAL

GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8 Packet Page. 521 ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30227
30224
30100
10650
10654
09372
10675
10066
10720
10610
10638
10830
10732
10803
10802
10400
40466
10685
09526
09520
09527
09710
09665
10625
10731
09753
20200
10140
10125
10127
10120
30831
30841
10367
30432
30434
30436
20441
10180
30445
10200
30420
20444
20024
20025
30921

CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)

CUSTOMER SERVICE REPRESENTATIVE (U)

DATA ANALYST

DEPUTY CITY CLERK I (U)

DEPUTY CITY CLERK II (U)
396
386
444
490
530
700
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
$3,545.61
$3,373.81
$4,505.44
$5,538.44
$6,761.38
$15,785.57
$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
$4,310.37
$4,100.89
$5,476.35
$6,732.13
$8,218.29
$19,186.84
$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

MONTHLY

GENERAL

CONFIDENTIAL

MANAGEMENT

EXECUTIVE

MANAGEMENT

POLICE SAFETY

EXECUTIVE

DEPUTY CITY MANAGER (U)

DEPUTY DIRECTOR OF ANIMAL SERVICES (U)

DEPUTY DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)

DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)

DEPUTY DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (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 DEVELOPMENT AND HOUSING (U)

DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U)

DIRECTOR OF ECONOMIC DEVELOPMENT (U)

DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)

DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (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

MIDDLE MANAGEMENT

MANAGEMENT

CONFIDENTIAL

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

ENGINEERING TECHNICIAN

ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER

ENVIRONMENTAL PROGRAMS COORDINATOR

ENVIRONMENTAL PROJECT MANAGER

EQUIPMENT MAINTENANCE MANAGER

EQUIPMENT MAINTENANCE SUPERVISOR

EQUIPMENT MECHANIC I (FLEX)
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8 Packet Page. 522 ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30902
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

EQUIPMENT MECHANIC II

EQUIPMENT SERVICE WORKER

EXECUTIVE ASSISTANT
450
408
430
430
464
502
502
550
368
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
$4,641.76
$3,765.06
$4,201.75
$4,106.44
$4,864.68
$5,879.65
$5,879.65
$7,469.79
$2,782.00
$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
$5,642.60
$4,576.37
$5,106.16
$4,990.33
$5,913.23
$7,147.00
$7,147.00
$9,080.52
$3,382.00
$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

MONTHLY

GENERAL

CONFIDENTIAL

MANAGEMENT
NA

EXECUTIVE ASSISTANT (U)

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

GROUNDWORKER ARBORIST GENERAL

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)

MANAGEMENT

CONFIDENTIAL

MANAGEMENT

CONFIDENTIAL

GENERAL

CONFIDENTIAL

MANAGEMENT

CONFIDENTIAL

CONFIDENTIAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8 Packet Page. 523 ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30638
30639
00308
30113
30080
30463
30311
30932
20170
30490
30593
10319
10233
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
10122
10868
30178

LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)

LANDSCAPE & IRRIGATION INSPECTOR II

LAW ENFORCEMENT TRAINEE

LEAD ANIMAL CONTROL OFFICER

LEAD BUILDING INSPECTOR
447
467
NA
$4,573.05
$5,052.96
$34.77
$5,558.37
$6,141.36
$34.77

MONTHLY

MONTHLY
HOURLY

GENERAL

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
377
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
$2,910.00
$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
$5,287.93
$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
$3,537.00
$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

MONTHLY

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)

MIDDLE MANAGEMENT

GENERAL

CONFIDENTIAL

MANAGEMENT

GENERAL

LIBRARIAN II

LIBRARY ASSISTANT

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

MIDDLE MANAGEMENT

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL
NA

MIDDLE MANAGEMENT

GENERAL

GENERAL
NA

GENERAL

LIFEGUARD (PT)

LITERACY PROGRAM COORDINATOR

MAINTENANCE SUPERVISOR

MAINTENANCE WORKER I (FLEX)

MAINTENANCE WORKER II

MIDDLE MANAGEMENT

GENERAL

MAINTENANCE WORKER III GENERAL

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

MANAGEMENT

CONFIDENTIAL

GENERAL

MIDDLE MANAGEMENT

CONFIDENTIAL

MANAGEMENT

GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8 Packet Page. 524 ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 20178
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
PARK RANGER SUPERVISOR 480
380
534
390
421
521
430
494
456
594
499
534
450
368
396
P5
$5,386.39
$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
$16.00
$6,546.94
$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
$18.84

MONTHLY

MONTHLY
HOURLY

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

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

GENERAL

MANAGEMENT

CONFIDENTIAL

MIDDLE MANAGEMENT

GENERAL

MANAGEMENT

GENERAL

GENERAL
NA
$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
$4,806.91
$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
$10,228.72
$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
$19,412.09
$8,318.78
$7,162.66
$5,040.29
$5,882.58
$4,353.59
$16,494.29
$10,059.74
$5,843.21
$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
$12,431.96
$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

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)
457
464
369
390
P3

MIDDLE MANAGEMENT

GENERAL

POLICE SAFETY
421 GENERAL
421
443
550
600
613
520
400
550
550
494
411
472
593
476
499
529
510
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

GENERAL

MANAGEMENT

GENERAL

MANAGEMENT
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8 Packet Page. 525 ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 10863
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

PURCHASING DIVISION MANAGER (U)

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
598
465
580
460
368
375
400
481
468
450
590
530
378
402
420
390
502
581
435
445
445
435
530
461
553
488
396
556
556
592
375
375
567
382
644
450
490
368
559
502
573
532
552
533
450
484
$9,491.06
$5,001.98
$8,676.49
$4,768.28
$2,782.00
$2,881.00
$3,264.00
$4,888.00
$5,077.34
$4,641.76
$9,119.52
$6,761.38
$2,925.00
$3,296.00
$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
$8,313.25
$2,984.00
$11,938.02
$4,641.76
$5,662.13
$2,782.00
$7,813.17
$6,010.96
$8,378.60
$6,981.04
$7,714.14
$7,016.48
$4,641.76
$5,499.62
$11,536.15
$6,080.40
$10,546.10
$5,796.24
$3,382.00
$3,502.00
$3,967.00
$5,942.00
$6,172.39
$5,642.60
$11,085.54
$8,218.29
$3,555.00
$4,007.00
$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
$10,103.91
$3,627.00
$14,511.72
$5,642.60
$6,882.49
$3,382.00
$9,496.47
$7,306.62
$10,184.31
$8,486.00
$9,376.35
$8,528.08
$5,642.60
$6,684.45

MONTHLY

MANAGEMENT

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 GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8 Packet Page. 526 ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30449
30667
10740
20666
30125
30620

TRAFFIC SIGNAL TECHNICIAN III

TREASURY ASSISTANT

TREASURY MANAGER

TREASURY SUPERVISOR

VETERINARY ASSISTANT

VOLUNTEER COORDINATOR
513
399
598
502
400
358
$6,355.27
$3,599.92
$9,491.06
$6,010.96
$3,617.65
$2,933.80
$7,725.19
$4,374.65
$11,536.15
$7,306.62
$4,414.22
$3,565.56

MONTHLY

GENERAL

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL

GENERAL
GENERAL 30000 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
REVISION ADOPTED BY MCC 12/6/23
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8 Packet Page. 527

CITY OF SAN BERNARDINO POLICE DEPARTMENT
First 6
Months
Service
Following
18 Months
Service
Third
Year
Service
Fourth
Year
Service
Fifth & Subsequent 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
Sergeant $11,430.00 $12,196.91 $12,962.73
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
Packet Page. 528

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Suzie H. Soren, Deputy City Manager
Department: Human Resources
Subject: Basic Compensation Plan for Part-Time, Temporary and Seasonal Employees
Recommendation:

Adopt Resolution No. 2024-015 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving a basic compensation plan for part-time, temporary and seasonal employees.

2. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

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

Per California Labor Code section 1182.12 (c)(3)(A), the California minimum wage will increase to $16.00 per hour beginning January 1, 2024.

Packet Page. 529
Background
The City of San Bernardino currently has one adopted salary schedule establishing compensation for full-time, part-time, temporary, and seasonal classifications.

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

January 1, 2017 – December 31, 2017 = $10.50/hour
January 1, 2018 – December 31, 2018 = $11.00/hour
January 1, 2019 – December 31, 2019 = $12.00/hour
January 1, 2020 – December 31, 2020 = $13.00/hour
January 1, 2021 – December 31, 2021 = $14.00/hour
January 1, 2022 – December 31, 2022 = $15.00/hour
January 1, 2023 – December 31, 2023 = $15.50/hour
January 1, 2024 – until adjusted pursuant to statute = $16.00/hour Per California Labor Code section 1182.12 (c)(3)(A), the California minimum wage will increase to $16.00 per hour beginning January 1, 2024. This will immediately affect all employees who now earn less than $16.00 per hour.

Discussion
The proposed compensation plan would incorporate the minimum wage increase effective January 1, 2024, as well as increases for positions that will be affected by compaction due to the implementation of the minimum wage increase. Additionally, part-time classifications with full-time equivalent classifications have been adjusted to match the full-time classifications salary.

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

Fiscal Impact
The General Fund impact with this item is estimated to be approximately $23,000 for the remainder of FY 2023/24. There are sufficient salary savings within the FY 23/24 operating budget to absorb the financial impact of this item.

Packet Page. 530
Conclusion
Adopt Resolution No. 2024-015 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving a basic compensation plan for part-time, temporary and seasonal employees.

2. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

Attachments
Attachment 1 Resolution 2024-015;
Attachment 2 Resolution 2024-015; Exhibit A – City-wide Salary Schedule
Ward:

All Wards
Synopsis of Previous Council Actions:

December 6, 2023 Mayor and City Council adopted Resolution No. 2023-179 amending the City-wide salary schedule for full time, parttime, temporary, and seasonal positions.

Packet Page. 531
Resolution No. 2024-015
Resolution 2024-015
January 17, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-015

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, 1.

APPROVING A COMPENSATION PLAN FOR PART-TIME,
TEMPORARY AND SEASONAL EMPLOYEES; AND 2.

AMENDING THE CITY-WIDE SALARY SCHEDULE FOR

FULL-TIME, PART-TIME, TEMPORARY, AND

SEASONAL POSITIONS
WHEREAS, on April 4, 2016, Senate Bill 3 was signed into law. This legislation amended Section 1182.12 of the California Labor Code and requires an employer with 26 or more employees to implement new minimum wages; and
WHEREAS, per California Labor Code section 1182.12 (c)(3)(A), the California minimum wage will increase to $16.00 per hour beginning January 1, 2024; and WHEREAS, the updated salary schedule reflects the minimum wage increase and incorporates the part-time salaries of positions that had full-time equivalents; and WHEREAS, the revised document 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 City-wide salary schedule for all City of San Bernardino’s classifications attached hereto and incorporated herein as Exhibit “A”, are 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.

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.

Packet Page. 532
Resolution No. 2024-015
Resolution 2024-015
January 17, 2024

Page 2 of 3 ends

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 7th day of January 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 533
Resolution No. 2024-015
Resolution 2024-015
January 17, 2024

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-015, adopted at a regular meeting held on the 17th day of January 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Page. 534
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024 EXHIBIT A
City of San Bernardino
Salary Schedule
CLASS
CODE

HOURLY/

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

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

ASSISTANT CITY MANAGER (U) EXECUTIVE

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 Packet Page. 535 ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30072
30073
30074
10500
30502
20263
30650
30651
20271
10870
30292
10398
50280
10399
00601
10370

PENDING
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

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

MONTHLY

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

MANAGEMENT

CHIEF OF POLICE EXECUTIVE

CITY CLERK (U)

CITY COUNCIL

CITY MANAGER (U)
636
NA
NA
NA
NA

MANAGEMENT

GENERAL

CONFIDENTIAL

GENERAL
CITY PLANNER (U) 629
620
563
441
472
482
420
446
438
600
470
556
388
488
458
427
480
438
585
506
400
493
368
490
493
368
477
368
386
396

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

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
NA

MIDDLE MANAGEMENT

GENERAL

CUSTOMER SERVICE REPRESENTATIVE

CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)

GENERAL

GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8 Packet Page. 536 ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE

HOURLY/

CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)

CUSTOMER SERVICE REPRESENTATIVE (U)

DATA ANALYST

DEPUTY CITY CLERK I (U)

MONTHLY

GENERAL

CONFIDENTIAL

MANAGEMENT

EXECUTIVE

MANAGEMENT

POLICE SAFETY

EXECUTIVE

DEPUTY CITY MANAGER (U)

DEPUTY DIRECTOR OF ANIMAL SERVICES (U)

DEPUTY DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)

DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)

DEPUTY DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (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 DEVELOPMENT AND HOUSING (U)

DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U)

DIRECTOR OF ECONOMIC DEVELOPMENT (U)

DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)

DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (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

MIDDLE MANAGEMENT

MANAGEMENT

CONFIDENTIAL

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

ENGINEERING TECHNICIAN

ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER

ENVIRONMENTAL PROGRAMS COORDINATOR

ENVIRONMENTAL PROJECT MANAGER

EQUIPMENT MAINTENANCE MANAGER

EQUIPMENT MAINTENANCE SUPERVISOR

EQUIPMENT MECHANIC I (FLEX)
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8 Packet Page. 537 ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE

HOURLY/

EQUIPMENT MECHANIC II

EQUIPMENT SERVICE WORKER

MONTHLY

GENERAL

CONFIDENTIAL

MANAGEMENT
NA

EXECUTIVE ASSISTANT (U)

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

GROUNDWORKER ARBORIST GENERAL

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)

MANAGEMENT

CONFIDENTIAL

MANAGEMENT

CONFIDENTIAL

GENERAL

CONFIDENTIAL

MANAGEMENT

CONFIDENTIAL

CONFIDENTIAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8 Packet Page. 538 ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE

HOURLY/

LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)

LANDSCAPE & IRRIGATION INSPECTOR II

LAW ENFORCEMENT TRAINEE

LEAD ANIMAL CONTROL OFFICER

LEAD BUILDING INSPECTOR
447
467
NA
$4,573.05
$5,052.96
$34.77
$5,558.37
$6,141.36
$34.77

MONTHLY

MONTHLY
HOURLY

GENERAL

GENERAL
NA

GENERAL

MONTHLY

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)

MIDDLE MANAGEMENT

GENERAL

CONFIDENTIAL

MANAGEMENT

GENERAL

LIBRARIAN II

LIBRARY ASSISTANT

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

MIDDLE MANAGEMENT

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL
NA

MIDDLE MANAGEMENT

GENERAL

GENERAL
NA

GENERAL

LIFEGUARD (PT)

LITERACY PROGRAM COORDINATOR

MAINTENANCE SUPERVISOR

MAINTENANCE WORKER I (FLEX)

MAINTENANCE WORKER II

MIDDLE MANAGEMENT

GENERAL

MAINTENANCE WORKER III GENERAL

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

MANAGEMENT

CONFIDENTIAL

GENERAL

MIDDLE MANAGEMENT

CONFIDENTIAL

MANAGEMENT

GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8 Packet Page. 539 ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE

HOURLY/

MONTHLY

MONTHLY
HOURLY

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

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

GENERAL

MANAGEMENT

CONFIDENTIAL

MIDDLE MANAGEMENT

GENERAL

MANAGEMENT

GENERAL

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)
457
464
369
390
P3

MIDDLE MANAGEMENT

GENERAL

POLICE SAFETY
421 GENERAL
421
443
550
600
613
520
400
550
550
494
411
472
593
476
499
529
510
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

GENERAL

MANAGEMENT

GENERAL

MANAGEMENT
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8 Packet Page. 540 ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE

HOURLY/

PURCHASING DIVISION MANAGER (U)

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

MONTHLY

MANAGEMENT

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 GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8 Packet Page. 541 ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30449
30667
10740
20666
30125
30620

TRAFFIC SIGNAL TECHNICIAN III

TREASURY ASSISTANT

TREASURY MANAGER

TREASURY SUPERVISOR

VETERINARY ASSISTANT

VOLUNTEER COORDINATOR
513
399
598
502
400
358
$6,355.27
$3,599.92
$9,491.06
$6,010.96
$3,617.65
$2,933.80
$7,725.19
$4,374.65
$11,536.15
$7,306.62
$4,414.22
$3,565.56

MONTHLY

GENERAL

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Suzie H. Soren, Deputy City Manager
Department: Human Resources
Subject: Side Letter Agreement with Various Bargaining
Groups Regarding Hazard Pay
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-028, authorizing the City Manager to execute side letter agreements with various bargaining groups regarding hazard pay.

Executive Summary
This action is the continuation of the strategic initiatives established at the May 2023 Mayor and City Council three-day workshop retreat (“Retreat”). Council approved hazard pay for employees permanently assigned to the encampment cleanup crew in the Public Works Department. Staff is now requesting approval from Council to execute the side letter agreements with the General Unit and Middle Management.

Background
The Mayor and City Council held a three-day Retreat beginning on May 11, 2023, where goals and priorities for the City of San Bernardino were defined. At the Retreat, economic development opportunities and city staffing priorities, among other topics, were discussed.

On June 30, 2023, a special workshop (“Workshop”) was held to address the Council’s goals and priorities. The Workshop was informational only and allowed staff to present a series of strategic initiatives and other programs and proposals for the Council’s future consideration.

On September 12, 2023, staff presented a follow-up to the Workshop and provided an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities. The presentation expanded upon the City’s Quality of Life tools and Packet Page. 544
services to improve the City’s appearance, cleanliness, safety, and attractiveness for its residents, businesses, and the development community, among other items.

Discussion
The City’s Public Works Encampment Cleanup Crew comprises two (2) Maintenance Supervisors, two (2) Lead Maintenance Workers, and eight (8) Maintenance Worker I employees. The positions on this crew will be eligible for Hazard Pay as they will be handling cleaning the City’s parks and other public spaces of hazards and biohazards relating to homeless encampments.

Permanently assigned employees to this crew will receive Hazard pay in the amount of $200/week ($400 bi-weekly). The attached side letter agreements reflect the following details:
• Any Public Works employee who is permanently assigned to the encampment cleanup crew will receive additional bi-weekly pay. The additional pay will not be prorated. Whenever permanent cleanup crew employees work overtime on another shift, their hourly pay will include the additional bi-weekly pay. • Any non-permanent cleanup crew employees who work overtime on a cleanup crew shift, will only be paid at their regular rate of pay (no additional hazard pay). • The Department, by memo, will inform Payroll which employees are permanently assigned to the encampment cleanup crew and should receive the additional weekly pay. In addition, the Department will inform, by memo, Payroll when removing an employee from the assignment. Permanent is defined as working fourteen (14) days or more.
• Hazard pay is not considered to be CalPERS reportable income. 2021-2025 Strategic Targets and Goals
Authorizing the City Manager to execute side letter agreements regarding hazard pay with the City’s various bargaining groups aligns with Strategic Target 2: Focused, Aligned Leadership and Unified Community. Specifically, Goal a: Build a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
There is no further General Fund impact associated with this item. $93,600 was appropriated during the approval of the Hazard Pay as part of the Strategic Initiative meeting in October 2023.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-028, authorizing the City Manager to execute side letter agreements with various bargaining groups regarding hazard pay.

Attachments
Packet Page. 545
Attachment 1 – Resolution 2024-028
Attachment 2 – Exhibit ”A” - Side Letters
Ward:

All Wards
Synopsis of Previous Council Actions:

September 12, 2023 The Mayor and City Council approved hazard pay for encampment cleanup crew staff members for an authorized staffing level of two (2) Maintenance Supervisors, two (2) Lead Maintenance Workers and eight (8) Maintenance
Worker I employees.

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Resolution No. 2024-028
Resolution 2024-028
January 17, 2024

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RESOLUTION NO. 2024-028

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE SIDE

LETTER AGREEMENTS WITH VARIOUS CITY

BARGAINING GROUPS FOR HAZARD PAY
WHEREAS, on September 12, 2023, staff provided an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities. The presentation expanded upon the City’s Quality of Life tools and services to improve the City’s appearance, cleanliness, safety, and attractiveness for its residents, businesses, and the development community; and WHEREAS, staff recommended staffing an Encampment Cleanup Crew comprised of two (2) Maintenance Supervisors, two (2) Lead Maintenance Workers, and eight (8) Maintenance Worker I employees from the Public Works Department; and WHEREAS, the Encampment Cleanup Crew would be eligible for Hazard Pay as they will be handling cleaning the City’s parks and other public spaces of hazards and biohazards relating to homeless encampments.

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

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

SECTION 2. The City Council hereby establishes and approves hazard pay for staff assigned to the Public Works Encampment Cleanup Crew comprised of two (2) Maintenance Supervisors, two (2) Lead Maintenance Workers, and eight (8) Maintenance Worker I employees.

Permanently assigned employees to this Public Works Encampment Cleanup Crew would receive Hazard pay in the amount of $200/week ($400 bi-weekly). Any employee who is permanently assigned to the cleanup crew will receive additional bi-weekly pay. The additional pay will not be prorated. Whenever permanent cleanup crew employees work overtime on another shift, their hourly pay will include the additional bi-weekly pay. Any non-permanent cleanup crew employees who work overtime on a cleanup crew shift, will only be paid at their regular rate of pay (no additional hazard pay).

SECTION 3. The Department, by memo, will inform Payroll which employees are permanently assigned to the encampment cleanup crew and should receive the additional weekly pay. In addition, the Department will inform, by memo, Payroll when removing an employee from the assignment. Permanent is defined as working fourteen (14) days or more. Hazard pay is not considered reportable income to CalPERS.

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Resolution No. 2024-028
Resolution 2024-028
January 17, 2024

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SECTION 4. The City Manager is authorized to execute a Side Letter Agreement with Teamsters Local 1932 representing the Middle Management employees relating to hazard pay as defined in Section 2 to eligible represented City employees, attached hereto and incorporated herein as Exhibit “A”.

SECTION 5. Hazard pay as defined in Section 2 is hereby approved and authorized for those eligible unrepresented General Unit employees, attached hereto and incorporated herein as Exhibit “A”.

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

SECTION 7. 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 8. 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 __________ 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

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Resolution No. 2024-028
Resolution 2024-028
January 17, 2024

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Sonia Carvalho, City Attorney
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Resolution No. 2024-028
Resolution 2024-028
January 17, 2024

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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. 2024-028, adopted at a regular meeting held on the ___ day of _______ 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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EXHIBIT A

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

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

1. This Side Letter Agreement is to implement hazard pay to those employees permanently assigned to the encampment cleanup crew in the Public Works Department. a. Unit employees permanently assigned to the encampment cleanup crew in the Public Works Department and hold one of the below positions, will be paid an additional $200 per week ($400 bi-weekly) in addition to their regular pay.

Classification Authorized Staffing Level
Lead Maintenance Worker 2
Maintenance Worker I 8
b. Unit employees who are permanently assigned to the encampment cleanup crew will receive additional bi-weekly pay. The additional pay will not be prorated.

Whenever permanent cleanup crew employees work overtime on another shift, their hourly pay will include the additional bi-weekly pay. c. Any non-permanent cleanup crew employees who work overtime on a cleanup crew shift, will only be paid at their regular rate of pay (no additional hazard pay). d. The Department, by memo, will inform Payroll which employees are permanently assigned to the encampment cleanup crew and should receive the additional biweekly pay. In addition, the Department will inform, by memo, Payroll when removing an employee from the assignment. Permanent is defined as working fourteen (14) days or more.
e. Hazard pay, for employees assigned to the encampment cleanup crew, is not considered CalPERS reportable income.

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

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

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EXHIBIT A
___________________________________
Charles A. Montoya, City Manager
City of San Bernardino
Date: ____________________________
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EXHIBIT A

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

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

1. The Parties separately agree by this Side Letter Agreement to implement hazard pay for those unit employees permanently assigned to the encampment cleanup crew in the Public Works Department.
a. Unit employees permanently assigned to the encampment cleanup crew in the Public Works Department and hold one of the below positions, will be paid an additional $200 per week ($400 bi-weekly) in addition to their regular pay.

Classification Authorized Staffing Level
Maintenance Supervisor 2
b. Unit employees who are permanently assigned to the encampment cleanup crew will receive additional bi-weekly pay. The additional pay will not be prorated.

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

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

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EXHIBIT A
___________________________________
David Farugia, Business Agent
Teamsters, Local 1932
Date: ____________________________
___________________________________
Charles A. Montoya, City Manager
City of San Bernardino
Date: ____________________________
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Suzie H. Soren, Deputy City Manager
Department: Human Resources
Subject: Amendments to Professional Services Agreements for Legal Services (All Wards)
Recommendation:

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

1. Fourth Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Andrea Miller (II) v. City of San Bernardino, 4th District Court of Appeals Case No. E080807

2. Third Amendment to the Professional Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro for representation in the Andrea Miller (II) v. City of San Bernardino, 4th District Court of Appeals Case No. E080807

3. Second Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont, for representation in the Estate of Rob Marquise Adams, et al. v. City of San Bernardino, US District Court Case No. 5:2022cv02206

4. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal services in connection with the case entitled Brian Pellis, et al. v. City of San Bernardino, et al US District Court Case No. CIVSB 2226731

5. Second Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont, for representation in Deshawn Wright v. City of San Bernardino, United States District Court, Case No. 5:21-0032-CAS Packet Page. 555

6. Second Amendment to the Professional Services Agreement with Jones & Mayer, for representation of City employee Imran Ahmed in Deshawn Wright v. City of San Bernardino, United States District Court, Case No. 5:21-0032-CAS Executive Summary
Amending the legal services agreements will allow the City to pay outstanding invoices and retain current legal counsel.

Background
Andrea Miller (II) V. City of San Bernardino
On April 30, 2020, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud and Romo in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City in Andrea Miller (II) v. City of San Bernardino. 4th District Court of Appeals Case No. E080807.

On July 2, 2021, the City entered into the first amendment to the agreement for a total not to exceed $100,000. On April 6, 2022, the City entered into the second amendment to the agreement for a total not to exceed 200,000. On January 18, 2023, the City entered into the third amendment to the agreement for a total not to exceed 300,000.

Andrea Miller (II) v. City of San Bernardino
On March 17, 2021, the City entered into an agreement with Stream, Kim, Hicks, Wrage & Alfaro to represent Councilmember Sandra Ibarra in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City in Andrea Miller (II) v. City of San Bernardino. 4th District Court of Appeals Case No. E080807.

On January 18, 2023, the City entered into the second amendment to the agreement for a total not to exceed 250,000.

Estate of Rob Marquise Adams, et al. v. City of San Bernardino On July 18, 2022, the City entered into an agreement with Carpenter, Rothans & Dumont in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the Estate of Rob Marquise Adams, et al. v. City of San Bernardino. Case No. 5:2022cv02206
On May 31, 2023, the city entered into the first amendment to the agreement for a total not to exceed $100,000.

Brian Pellis, et al. v. City of San Bernardino, et al.

On July 14, 2022, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud & Romo in the amount of $49,999.00 pursuant to 3.04.085(A) of the Municipal Code to represent the City in Brian Pellis, et al. v. City of San Bernardino, et al., US District Court Case No. CIVSB 2226731.

On October 17, 2023, the city entered into the first amendment to the agreement for a Packet Page. 556
total not to exceed $100,000.

Deshawn Wright v. City of San Bernardino
On December 9, 2021, the City entered into an agreement with Carpenter, Rothans & Dumont in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the Deshawn Wright v. City of San Bernardino, United States District Court, Case No. 5:21-0032-CAS.

On May 31, 2023, the city entered into the first amendment to the agreement for a total not to exceed $100,000.

Deshawn Wright v. City of San Bernardino
On May 17, 2022, the City entered into an agreement with Jones & Mayer in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent Imran Ahmed in the Deshawn Wright v. City of San Bernardino, United States District Court, Case No. 5:21-0032-CAS.

On May 31, 2023, the city entered into the first amendment to the agreement for a total not to exceed $100,000.

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

Both Atkinson, Andelson, Loya, Ruud and Romo and Stream Kim Hicks Wrage & Alfaro have worked on behalf of the City and Councilmember Sandra Ibarra on the Andrea Miller (II) v. City of San Bernardino matter. This case is now closed. Increasing the not to exceed cap will fund all final pending invoices.

Carpenter, Rothans & Dumont, LLP have worked on behalf of the City on the Estate of Rob Marquise Adams, et al. v. City of San Bernardino matter. It is advisable to maintain this firm as continued representation is essential to protect the City’s interest and avoid unnecessary liability.

Atkinson, Andelson, Loya, Ruud and Romo have represented the City in the Brian Pellis. v. City of San Bernardino matter. This case is still active. Increasing the not to exceed limit will retain this firm as counsel for this matter.

Both Carpenter, Rothans & Dumont and Jones & Mayer have worked on behalf of the City and City employee Imran Ahmed on the Deshawn Wright v. City of San Bernardino matter. This case is now closed. Increasing the not to exceed cap will fund all final pending invoices.

The proposed amendments to the contract amounts are as follows:

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Case Firm Current Not-toExceed AmountProposed Not-toExceed Amount Andrea Miller (II) v.

City of San
Bernadino E080807
Atkinson, Andelson,
Loya Ruud & Romo
$300,000 $325,000
Andrea Miller (II) v.

City of San
Bernadino E080807
Stream, Kim, Hicks,
Wrage & Alfaro
$250,000 $325,000
Estate of Rob
Marquise Adams, et
al. v. City of San
Bernadino
5:2022cv02206
Carpenter, Rothans
& Dumont
$100,000 $250,000
Brian Pellis, et al. v.

City of San
Bernardino, et al
CIVSB 2226731
Atkinson, Andelson,
Loya, Ruud & Romo
$100,000 $250,000
Deshawn Wright v.

City of San
Bernardino
5:21-0032-CAS
Carpenter, Rothans
& Dumont
$100,000 $175,000
Deshawn Wright v.

City of San
Bernardino
5:21-0032-CAS
Jones & Mayer $100,000 $175,000
2021-2025 Strategic Targets and Goals
Authorization of these amendments aligns with Key Target No. 1e: Improved Operational & Financial Capacity – Minimize Risk and Litigation Exposure. Continued legal representation protects the City’s interest and avoids unnecessary liability.

Fiscal Impact
The total increase to the contracts is $550,000.

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

All Wards
Synopsis of Previous Council Actions:

May 31,2023 The Mayor and City Council authorized the City Manager to execute the First Amendment with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Brian Pellis, et al. v. City of San Bernardino, et al Case No. CIVSB 2226731
May 31, 2023 The Mayor and City Council authorized the City Manager to execute the First Amendment Carpenter, Rothans & Dumont LLP for representation in the Estate of Rob Marquise Adams, et al. v.

City of San Bernardino Case No. 5:2022cv02206.

May 31, 2023 The Mayor and City Council authorized the City Manager to execute the First Amendment Jones and Mayer for representation of Imran Ahmed in D. Wright case v. City of San Bernardino, et al., United States District Co. Case No. 5:21- 0032-CAS.

May 31, 2023 The Mayor and City Council authorized the City Manager to execute the First Amendment Carpenter, Rothans and Dumont for representation in D. Wright case v. City of San Bernardino, et al., United States District Co. Case No. 5:21- 0032-CAS.

January 18, 2023 The Mayor and City Council authorized the City Manager to execute the Third Amendment with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Andrea Miller (II) v.

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City of San Bernardino. 4th District Court of Appeals Case No.

E080807.

January 18, 2023 The Mayor and City Council authorized the City Manager to execute the Second Amendment with Stream Kim Hicks Wrage & Alfaro for representation in the Andrea Miller (II) v. City of San Bernardino. 4th District Court of Appeals Case No. E080807.

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND CARPENTER, ROTHANS & DUMONT, LLP
This Agreement is made and entered into as of December 9, 2021 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and CARPENTER, ROTHANS & DUMONT, LLP with its principal place of business at 500 South Grand Avenue, 19th Floor Los Angeles, California 90071 (hereinafter referred to as “Consultant”).

City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project: legal representation in all litigation matters for civil complaint Deshawn M. Wright v. City of San Bernardino, et al. (5:22-cv-00132 CAS (JCx)) (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by DocuSign Envelope ID: A3091191-03AF-43DC-8722-93EE2184F78F Packet Page. 576
2 Consultant under this Agreement exceed the sum of forty-nine thousand, nine-hundred and ninety-nine dollars ($49,999). This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.

Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.

6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”).

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

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

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable DocuSign Envelope ID: A3091191-03AF-43DC-8722-93EE2184F78F Packet Page. 577
3 control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.

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

13. City Business Certificate. Consultant shall, prior to execution of this DocuSign Envelope ID: A3091191-03AF-43DC-8722-93EE2184F78F Packet Page. 578
4 Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

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

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

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

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

DocuSign Envelope ID: A3091191-03AF-43DC-8722-93EE2184F78F Packet Page. 579
5 Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.

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6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

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

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver DocuSign Envelope ID: A3091191-03AF-43DC-8722-93EE2184F78F Packet Page. 582
8 renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities DocuSign Envelope ID: A3091191-03AF-43DC-8722-93EE2184F78F Packet Page. 583
9 and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code DocuSign Envelope ID: A3091191-03AF-43DC-8722-93EE2184F78F Packet Page. 584
10 section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

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

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

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

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

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

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

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

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

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

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become DocuSign Envelope ID: A3091191-03AF-43DC-8722-93EE2184F78F Packet Page. 586
12 the property of the City.

27. Organization. Consultant shall assign Steven Rothans as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

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

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

Carpenter, Rothans & Dumont, LLP
500 South Grand Avenue, 19th Floor
Los Angeles, California 90071

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

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

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

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such DocuSign Envelope ID: A3091191-03AF-43DC-8722-93EE2184F78F Packet Page. 587
13 determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

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

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

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

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

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

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

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

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

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

44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regard to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.

This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND CARPENTER, ROTHANS & DUMONT, LLP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Steven Rothans
Name
Partner______
Title
DocuSign Envelope ID: A3091191-03AF-43DC-8722-93EE2184F78F Attachment if
necessary
Packet Page. 590

FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH CARPENTER, ROTHANS AND DUMONT, LLP
This First Amendment (“First Amendment”) to the Professional Services Agreement dated May 31, 2023 is made and entered into by and between the City of San Bernardino (“City”) and Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth below.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $49,999 to $100,000.

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

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

Dated: _____, 2023 CARPENTER, ROTHANS & DUMONT, LLP
By: Steven J. Rothans
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By: Charles McNeely
Its: City Manager
DocuSign Envelope ID: 113F7B81-FF36-4999-96FB-A3396330E6E1 June 1
06/02
Packet Page. 591

FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH JONES AND MAYER
This First Amendment (“First Amendment”) to the Professional Services Agreement dated May 31, 2023 is made and entered into by and between the City of San Bernardino (“City”) and Jones and Mayer (“Consultant”) as of the last date set forth below.

Wright case v. City of San Bernardino, et al., United States District Co. Case No. 5:21- 0032-CAS (JCx) (“Original Agreement”).
b. The City and Consultant now desire to increase the amount of the Original Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $49,999 to $100,000.

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

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

Dated: _____, 2023 JONES AND MAYER
By: James R. Touchstone
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By: Charles McNeely
Its: City Manager
DocuSign Envelope ID: 78BA3634-54AC-4872-B3E5-A40E0F154C4D 5/31/23
05/31/2023
Packet Page. 592
Packet Page. 593
Packet Page. 594

EXHIBIT A
Packet Page. 595
Packet Page. 596
Packet Page. 597

EXHIBIT B
Packet Page. 598
- 1 - Firm-General -- 3004707.1

STREAM KIM HICKS WRAGE & ALFARO, PC
HOURLY BILLING RATES [Effective January 1, 2021]
Attorneys 2021 Billing Rate
Theodore K. Stream $490
Eugene Kim $470
Robert J. Hicks $470
Jamie Wrage $445
Mario H. Alfaro $435
Jennifer A. Mizrahi $425
Alicen Wong $395
Amy J. Osborne $395
Todd R. Kinnear $395
Andrea Rodriguez $375
Nour A. Rizvi $375
Tuan-Anh Vu $350
Donna M. DiCarlantonio $275
Summer DeVore $270
Paraprofessionals
Cathy Brandt $210
Packet Page. 599
1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND JONES AND MAYER
This Agreement is made and entered into as of May 17, 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Jones and Mayer, with its principal place of business at 3777 North Harbor Blvd. Fullerton, CA 92835 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Legal representation in all litigation matters for civil complaint Deshawn M. Wright v. Imran Ahmed, et al. [5:22-cv-00132 CAS(JCx)] (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Services. Consultant shall represent City’s employee, Sergeant Imran Ahmed, in connection with civil complaint Deshawn M. Wright v. Imran Ahmed, et al. [5:22-cv-00132 CAS(JCx)]. City is represented by separate counsel.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services provided in Section 2.

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2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of forty-nine thousand, nine-hundred and ninety-nine dollars ($49,999). All attorney rates are set at two-hundred and fifty dollars ($250) per hour and all paralegal rates are set at one-hundred and twenty-five dollars ($125). This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval.

Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.

6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services unless the Agreement is previously terminated as provided for herein (“Term”).

9. Delays in Performance.

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

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

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

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6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

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

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver DocuSign Envelope ID: D46ED29A-7022-4FA4-8300-E2A74AD6606F Packet Page. 606
8 renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities DocuSign Envelope ID: D46ED29A-7022-4FA4-8300-E2A74AD6606F Packet Page. 607
9 and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code DocuSign Envelope ID: D46ED29A-7022-4FA4-8300-E2A74AD6606F Packet Page. 608
10 section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become DocuSign Envelope ID: D46ED29A-7022-4FA4-8300-E2A74AD6606F Packet Page. 610
12 the property of the City.

27. Organization. Consultant shall assign James R. Touchstone as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

CITY:

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

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

Jones and Mayer
3777 North Harbor Blvd.

Fullerton, CA 92835
Attn: James R. Touchstone

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

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

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such DocuSign Envelope ID: D46ED29A-7022-4FA4-8300-E2A74AD6606F Packet Page. 611
13 determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

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

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

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

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

This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

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

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
James R. Touchstone
Name
Partner
Title
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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND CARPENTER, ROTHANS & DUMONT, LLP
This Agreement is made and entered into as of July 18th, 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Carpenter, Rothans & Dumont, a California Limited Liability Partnership with its principal place of business at 500 South Grand Avenue, Nineteenth Floor, Los Angeles, California, 90071 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project; legal representation in all litigation matters for an incident involving Robert Adams (hereinafter referred to as “the Project”.) B. Consultant is duly licensed and has the necessary qualifications to provide such services.

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Services. Consultant shall provide the City with legal representation in all litigation matters for the Project.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services provided in Section 2.

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2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of ten thousand dollars ($49,999). All attorney rates are set at two-hundred and twenty dollars ($225) per hour. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services unless the Agreement is previously terminated as provided for herein (“Term

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16 Packet Page. 621
3 circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16 Packet Page. 622
4 any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

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

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6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
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7 Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claimsmade policy with a retroactive date subsequent to the effective date of this Agreement.

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8 (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

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

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

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16 Packet Page. 628
10 such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.

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

City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.

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11 b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

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

27. Organization. Consultant shall assign Steven J. Rothans, as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

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12 CITY:

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

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

Carpenter, Rothans & Dumont, LLP.
500 South Grand Avenue
Nineteenth Floor
Los Angeles, California, 90071
Attn: Steven J. Rothans

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

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

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

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13 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

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

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

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

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16 Packet Page. 632
14 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND CARPENTER, ROTHANS & DUMONT, LLP.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature

Name
Title
DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16

STEVEN J ROTHANS
Partner
Packet Page. 633

EXHIBIT A

FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

WITH ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
This Fourth Amendment (“Fourth Amendment”) to the Professional Services Agreement dated December 6, 2023 is made and entered into by and between the City of San Bernardino (“City”) and Atkinson, Andelson, Loya, Ruud and Romo (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On April 30, 2020, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud and Romo in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City in Andrea Miller (II) v. City of San Bernardino. 4th District Court of Appeals Case No. E080807 (“Original Agreement”).
b. On July 2, 2021 the City entered into the first amendment to the agreement for a total not to exceed $100,000 (“First Amendment”).
c. On April 6, 2022, the City entered into the second amendment to the agreement for a total not to exceed 200,000 (“Second Amendment”). d. On January 18, 2023, the City entered into the third amendment to the agreement for a total not to exceed 300,000 (“Third Amendment”).

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $50,000 to $325,000.

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

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

Dated: _____, 2023 Atkinson, Andelson, Loya, Ruud and Romo By: Irma R. Moisa
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
Packet Page. 634

EXHIBIT A
By: Charles A. Montoya
Its: City Manager
Packet Page. 635

SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH CARPENTER, ROTHANS AND DUMONT, LLP
This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated January 17, 2024 is made and entered into by and between the City of San Bernardino (“City”) and Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On December 9, 2021, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to D. Wright v. City of San Bernardino, et al., United States District Court, Case No. 5:21-0032-CAS (JCx) (“Original Agreement”).
b. On May 31, 2023, the City entered into the first amendment to the agreement for a total not to exceed $100,000. (“First Amendment”)
c. The City and Consultant now desire to increase the amount of the Original Agreement. d. The Original Agreement is hereby amended to increase the total not to exceed the amount from $100,000 to $175,000.
e. Except as modified by this Second Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof. f. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2024 CARPENTER, ROTHANS & DUMONT, LLP
By: Steven J. Rothans
Its: Partner
Dated: _____, 2024 CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
Packet Page. 636

SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH JONES AND MAYER
This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated January 17, 2024 is made and entered into by and between the City of San Bernardino (“City”) and Jones and Mayer (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On May 17, 2022, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to representation of Imran Ahmed in Deshawn Wright v. City of San Bernardino, et al., United States District Co. Case No. 5:21- 0032-CAS (JCx) (“Original Agreement”).
b. On May 31, 2023, the City entered into the first amendment to the agreement for a total not to exceed $100,000. (“First Amendment”).
c. The City and Consultant now desire to increase the amount of the Original Agreement. d. The Original Agreement is hereby amended to increase the total not to exceed the amount from $100,000 to $175,000.
e. Except as modified by this Second Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof. f. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2024 JONES AND MAYER
By: James R. Touchstone
Its: Partner
Dated: _____, 2024 CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
Packet Page. 637

SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH CARPENTER, ROTHANS AND DUMONT, LLP
This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated December 6, 2023 is made and entered into by and between the City of San Bernardino (“City”) and Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On July 18, 2022, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Estate of R. Adams v. City of San Bernardino, et al., United States District Court, Case No. 5:22-02206-JGB-SP (“Original Agreement”).
b. On May 31, 2023 the city entered into the first amendment to the agreement for a total not to exceed $100,000. (“First Admendment”)
c. The City and Consultant now desire to increase the amount of the Original Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed the amount from $100,000 to $250,000.

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

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

Dated: _____, 2023 CARPENTER, ROTHANS & DUMONT, LLP
By: Steven J. Rothans
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
Packet Page. 638

SECOND AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO

AND ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated December 6, 2023, is entered into by and between the City of San Bernardino, and Atkinson, Andelson, Loya, Ruud & Romo, a Professional Corporation (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On July 14th 2022, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud & Romo in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City Brian Pellis, et al. v. City of San Bernardino, et al, Case No. CIVSB 2226731 (“Original Agreement”)
b. On November 1, 2023, the City entered into the second amendment to the agreement for a total not to exceed $100,000.00 (“First Amendment”)

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $50,000 to $250,000.

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

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

Dated: _____, 2023 Atkinson, Andelson, Loya, Ruud & Romo By: Irma Rodriguez Moisa,
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
Packet Page. 639

CITY FIRM
_____________________________ __________________________ Charles A. Montoya, City Manager Irma Rodriguez Moisa, Partner Packet Page. 640

THIRD AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO

AND STREAM, KIM, HICKS, WRAGE, & ALFARO APC
This Third Amendment (“Third Amendment”) to the Professional Services Agreement dated December 6, 2023, is entered into by and between the City of San Bernardino, and Stream, Kim, Hicks, Wrage, & Alfaro APC, (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On March 17, 2021, the City entered into an agreement with Stream, Kim, Hicks, Wrage & Alfaro in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City in Andrea Miller (II) v. City of San Bernardino. 4th District Court of Appeals Case No. E080807. (“Original Agreement”) b. On January 18, 2023, the City entered into the second amendment to the agreement for a total not to exceed 250,000. (“First Amendment”)

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $50,000 to $325,000

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

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

Dated: _____, 2023 STREAM, KIM, HICKS, WRAGE, & ALFARO APC By: Robert J. Hicks,
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
Packet Page. 641

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:

To:

From:

Department:

Subject:

January 17, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager
Rolland Kornblau, Director of Information Technology
Information Technology
Approve Professional Service Agreements with
CivicPlus. LLC. (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute the Professional Service Agreement with CivicPlus. LLC. for CivicEngage Central hosting, migration, training, and implementation services for a total amount not to exceed $193,000 over a term beginning after approval of the contract renewable for a 60-month term.

2. Authorize the Director of Finance to issue a purchase order in the amount of $93,000 to CivicPlus for the development, migration, and hosting of a new City website.

Executive Summary
A purchase order for $93,000 is requested for CivicPlus. The current website vendor does not meet compliance requirements without third-party facilitation. CivicPlus is the provider for many local municipalities and offers a user-friendly interface. CivicPlus is the sole source vendor of the specific content management product indicated by the Sole Source letters attached. The contract has been reserved within the Technology upgrade allocation with a $193,000 fiscal impact on the General Fund.

Background
The City website is the best online interface for the City. Having a compliant, userfriendly website is key for good, clear, and fast communication. It was discussed at the Council meeting in December 2023 that a better website is needed to share information. CivicPlus is used by many cities within San Bernardino, Los Angeles, and Orange Counites due to its unique content management solution tailored to municipalities.

Discussion
To ensure a compliant and user-friendly website experience, staff are requesting a total of $193,000 for a new website from CivicPlus called CivicEngage along with development, migration, and hosting services.

The Information Technology department is using Sole Source letters as well as references from other municipalities to engage with CivicPlus. 2021-2025 Strategic Targets and Goals
This project is aligned with Key Target 1e: Minimize risk and litigation exposure.

Approval of this agreement will reduce the risk of potential liability associated with not having a compliant website.

Fiscal Impact
The General Fund impact is $193,000 over the 60-month term, with 93,000 for the 2023/2024 budget that has been allocated for Technology improvements.

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

2. Authorize the Director of Finance to issue a purchase order in the amount of $93,000 to CivicPlus for the development, migration, and hosting of a new City website.

Attachments
Attachment 1 CivicPlus Quote
Attachment 2 Website Central Premium Package SOW
Attachment 3 CivicEngage Sole Source Letter
Attachment 4 Department Header Packages Sole Source Letter Ward:

All Wards
Synopsis of Previous Council Actions:
n/a
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Statement of Work
Quote #: Q-60151-1
Date: 12/18/2023 12:37 PM
Expires On: 12/31/2023
Client:

SAN BERNARDINO, CALIFORNIA
Bill To:

SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Craig Frederick [email protected] Net 30

QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE

1.00 Annual - CivicEngage Central Annual - CivicEngage Central Renewable

1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable

1.00 Hosting & Security Annual Fee -
CivicEngage Central
Hosting & Security Annual Fee - CivicEngage Central Renewable

1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable

1.00 SSL Management – CP Provided
Only
SSL Management – CP Provided Only 1 per domain
(Annually Renews)
Renewable

1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable

1.00 DNS and Domain Hosting Setup
(http://URL)
DNS and Domain Hosting Setup (http://URL) One-time

1.00 DNS and Domain Hosting Annual
Fee (http://URL)
DNS and Domain Hosting Annual Fee (http://URL) Renewable

1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable

1.00 Premium Implementation -
CivicEngage
Premium Implementation One-time

1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
2,700.00Content Development - 1 Page -
CivicEngage
Content Development - 1 Page - CivicEngage One-time
V. PD 06.01.2015-0048

Page 1 of 4 ends

Packet Page. 642

QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE

6.00 New Customer System Training
(3h, virtual) - Web Central
CivicEngage System Training - Virtual, Up to 3 Hours, up to 12 Attendees
One-time

1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links, Colors; follows main site layout.

1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'Internal Police' Renewable

1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable

1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time

1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links, Colors; follows main site layout.

1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'Intranet' Renewable

1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable

1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time

1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links, Colors; follows main site layout.

1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'Library' Renewable

1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable

1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time

1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links, Colors; follows main site layout.

1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'IEMG-Media'' Renewable

1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable

1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time

1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links, Colors; follows main site layout.

1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'Department
Name'
Renewable
V. PD 06.01.2015-0048

Page 2 of 4 ends

Packet Page. 643

QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE

1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable

1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time

6.00 Current Customer Virtual
Consulting (3h, virtual) - Web
Central
Consulting - Virtual, Up to 3 Hour One-time

1.00 CivicEngage Custom IdP
Integration Package
Custom IdP Integration Package Renewable

1.00 CivicEngage Custom IdP
Integration Annual Fee
Custom IdP Integration Annual Fee Renewable

1.00 CivicEngage Custom IdP
Integration Implementation Fee
Custom IdP Integration Implementation Fee One-time

1.00 Custom Annual Fee -
CivicEngage Central
Annual Fee - CivicEngage Central Renewable

1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
List Price - Year 1 Total USD 210,264.00
Total Investment - Initial Term USD 93,000.03
Annual Recurring Services - Year 2 USD 23,000.00
Initial Term & Renewal Date 12 Months
Initial Term Invoice Schedule 100% Invoiced upon Signature Date Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date
Renewal Invoice Schedule Annually on date of signing
Annual Uplift 5% starting in Year 3
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legalstuff (collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW.

V. PD 06.01.2015-0048

Page 3 of 4 ends

Packet Page. 644
Acceptance
The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date:

For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/ Authorized Client Signature CivicPlus
By:
___________________________________
By:
___________________________________
Name:
___________________________________
Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________
Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:
___________________________________
___________________________________
Mailing Address: (If different from above)
___________________________________
___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if required) ___________________________________
V. PD 06.01.2015-0048

Page 4 of 4 ends

Amy Vikander
Senior VP of Customer Service
12/22/2023
Packet Page. 645
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Statement of Work
Quote #: Q-60151-1
Date: 12/18/2023 12:37 PM
Expires On: 12/31/2023
Client: