Agenda packet, regular meeting, first session — Mayor and City Council, February 21, 2024 (part 1 of 7)

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

CITY OF SAN BERNARDINO

REVISED AGENDA
FORTHE

SPECIALMEETING AND REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF

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

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

THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE

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

ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, FEBRUARY 21, 2024
5:00 PM SPECIAL MEETING 7:00 PM REGULAR MEETING

CLOSED SESSION TO IMMEDIATELY FOLLOW REGULAR MEETING
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles A. Montoya
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

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WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR

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Select the corresponding year and meeting date folders to view documents.

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

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
City Manager Charles A. Montoya
City Attorney Sonia Carvalho
Chief Deputy City Clerk Telicia Lopez
5:00 P.M. SPECIAL MEETING

INVOCATION AND PLEDGE OF ALLEGIANCE

PUBLIC COMMENTS FOR ITEMS ON THE SPECIAL MEETING AGENDA ONLY

CITY MANAGER UPDATE

PRESENTATIONS

1. Proclamation of Black History Month in the City of San Bernardino – February 2024 (All Wards) p.14

2. Presentation of New San Bernardino County Fire District Assistant Fire Chief Gary Jager (All Wards) p.16

CONSENT CALENDAR

3. Amendment No. 1 to the Master Agreement with the Fair Political Practices Commission for Campaign Law Enforcement p.17
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 to the Master Agreement with the Fair Political Practices Commission (FPPC) for campaign enforcement and extend the term of the agreement term through June 30, 2025.

4. Quitclaim Deed with Arrowhead Credit Union Regarding APN 013617144 (Ward 3) p.33 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency for the City of San Bernardino, authorize the City Manager to execute a Quitclaim Deed with Arrowhead Credit Union, terminating the City’s interest in the Real Property located at 580 W Mill Street, also known as APN: 013617144, in the City of San Bernardino, California.

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

5. Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements p. 75
Recommendation:

Adopt Resolution No. 2024031 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements.

6. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 37, Tax Zone No. 38 (Mill Street) (Ward 3) p. 82
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024030 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 37) and authorizing the levy of a special taxes therein.

7. Approval of Commercial and Payroll Disbursements (All Wards) p.119 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for January 2024.

8. Approving Job Classifications and Amending the Citywide Salary Schedule p.208 Recommendation:

It is recommended that the Mayor and City Council adopt Resolution No. 2024032 of the Mayor and City Council of the City of San Bernardino, California:

1. Establishing the Auditor I job classification;

2. Establishing the Auditor II job classification;

3. Establishing the Deputy Director of Economic Development (U) job classification;

4. Establishing the Economic Development Manager job classification;

5. Authorizing the City Manager or their designee to add three (3) FTE for Fiscal Year 2023/24;

6. Amending the CityWide Salary Schedule for full time, parttime, temporary, and seasonal positions

9. Establish a Revised Auto Allowance for Eligible City Employees (All Wards) p.225 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024034, approving a revised auto allowance for eligible City employees and repealing Resolution No. 2018171.

10. Human Resources & Risk Management Department Staffing p.231 Recommendation:

Adopt Resolution No. 2024033 of the Mayor and City Council of the City of San Bernardino, California, approving the addition of the following positions to support the employee relations functions of the Human Resources & Risk Management Department:

1. One (1) Supervising Human Resources Analyst

2. One (1) Human Resources Analyst II
Mayor and City Council of the City of San Bernardino Page 4

11. Request for Purchase Authorization for Backup Storage Replacement (All Wards) p.237
Recommendation:

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

1. Authorize the City Manager to execute a Professional Software Services Agreement with Sidepath, Inc. for purchasing backup hardware, as approved for funding through the FY 2023/24 Operating Budget

2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $151,000.00 to Sidepath, Inc.

12. Request for Purchase Authorization for Data Center Replacement (All Wards) p.315 Recommendation:

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

1. Authorize the City Manager to execute a Professional Software Purchase Agreement with Sidepath Inc. for purchasing data center hardware and service, as approved for funding through the FY 2023/24 Operating Budget;

2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $466,000.00 to Sidepath, Inc. for hardware and support including a purchase order in the amount not to exceed $49,000.00 to Dell for Microsoft licensing.

13. Request for Purchase Authorization for Network Refresh (All Wards) p.399 Recommendation:

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

1. Authorize the City Manager to execute a Goods Purchase Agreement with Sehi Computer Products, Inc. for purchasing network hardware using the NASPO contract, as approved for funding through the FY 2023/24 Operating Budget:

2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $640,000 to Sehi Computer Products, Inc.

14. CALNET Contract for Verizon and ATT (All Wards) p.496 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the CALNET contract with ATT and Verizon authorizing:

1. The City Manager or designee to execute the ATT CALNET contracts. The ATT CALNET contract is estimated to be $1,000.00 per year.

2. The City Manager or designee to execute the Verizon CALNET contracts. The Verizon CALNET contract is estimated to be $16,178.40 per year.

15. Request for Purchase Authorization for VOIP phone system for Animal Services (All Wards). p.516
Recommendation:

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

1. Authorize the City Manager to execute a Vendor Service Agreement with Intelesys for purchasing VOIP (voice over internet protocol) services using the TIPS agreement, as approved for funding through the FY 2023/24 Operating Budget:

2. Authorize the Director of Finance to issue purchase orders in the amount not to exceed $25,000 for the first year. The billing will be $4,217.17 to GoTo for phone hardware, $17,130.84 to GoTo for the first year of phone service, and $3,000 to Intelesys for installation.

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

16. Agreement with Cal Stripe, Inc., for Street Striping and Pavement Marking Services (All Wards) p.600
Recommendation:

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

1. Authorize the City Manager to execute a Maintenance Services Agreement with Cal Stripe Inc., for street striping and pavement marking services; and

2. Authorize the Agency Director of Finance and Management Services to issue a purchase order in the amount of $420,000.

17. Approval of Agreement for Construction Management and Inspection Services for the Nicholson Park Improvements (Ward 6) p.672
Recommendation:

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

1. Approve the award of an Agreement with Z&K Consultants in the amount of $471,876 for Nicholson Neighborhood Park Improvements (Project); and

2. Authorize the project contingencies in the total amount of $47,187 for construction of the Project; and

3. Authorize the City Manager or designee to execute all documents with Z&K Consultants; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

18. Approval of Design Services Agreement for the Roosevelt Bowl Rehabilitation Improvements (Ward 2) p.771
Recommendation:

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

1. Approve the award of a Design Services Agreement with Dunbar Architecture in the amount of $394,320 for Roosevelt Bowls Rehabilitation Improvements (Project); and

2. Authorize the project design cost and contingency cost for unforeseen conditions costs for a potential agreement in the total amount of $39,432.

3. Authorize the City Manager or designee to execute all documents with Dunbar Architecture; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

19. Purchase of Avant (MiniLoader) from Volvo Construction Equipment and Services for Encampment CleanUp Services (All Wards) p.882
Recommendation:

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

1. Authorize the City Manager to execute the purchase of the Avant Compact Wheel Loader (mini loader) and related equipment attachments, as approved for funding through the FY 2023/24 Operating Budget;

2. Authorize the Director of Finance to issue a purchase order in the amount of $170,000 to Volvo Construction Equipment and Services for the purchase of the Avant Compact Wheel Loader and related attachments.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

20. Revisit Tow / Tow Yard Contracts and Parameters for Enforcement (All Wards) – Council Member Reynoso p.890

21. Downtown San Bernardino Property Based Improvement District (PBID) Feasibility Study and Formation Process (Ward 1) – City Manager p.891 Mayor and City Council of the City of San Bernardino Page 6

ADJOURNMENT FOR SPECIAL MEETING
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on February 21, 2024 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Open Session will begin at 7:00 p.m. and Closed Session will follow immediately after. 7:00 P.M.

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L. Alexander
Mayor Helen Tran
City Manager Charles A. Montoya
City Attorney Sonia Carvalho
Chief Deputy City Clerk Telicia Lopez

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CONSENT CALENDAR

1. Adopt Ordinance No. MC1626 Amending Section 2.58.010 of the Municipal Code Relating to the Time and Location of Regular Meetings (All Wards) p.892 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC1626 amending Section 2.58.010 of Chapter 2.58 of Title 2 of the San Bernardino Municipal Code relating to the time and location of regular meetings.

2. Adopt Ordinance No. MC1625 Amending Chapter 2.10 and Chapter 2.15, Adding Chapter 2.83, and Amending Sections 3.16.060 and 19.70.036(D)(14)(D) of the San Bernardino Municipal Code Regarding Updating Titles and Organizational Duties of Various City Departments and Department Heads (All Wards) p.904 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC1625 amending Chapter 2.10 and Chapter 2.15, adding Chapter

2.83, and amending Sections 3.16.060 and 19.70.036(D)(14)(D) of the San Bernardino Municipal Code regarding updating titles and organizational duties of various City departments and department heads.

DISCUSSION

3. Adopt Resolution No. 2024029 Establishing the Times of Regular Meetings (All Wards) p.915
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024029 establishing the time of regular meetings.

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

PUBLIC HEARING

4. Development Code Amendment 2301 (ShortTerm Rental Program) p.921 Recommendation:

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

1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC1628 of the Mayor and City Council of the City of San Bernardino, California, adopting the ShortTerm Rental Program, and approving Development Code Amendment 2301 amending Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a ShortTerm Rental Program in the City of San Bernardino; and finding that Development Code Amendment 2301 is exempt from review under the California Environmental Quality Act;

2. Conduct the Public Hearing; and

3. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024.

5. General Plan Amendment 2401 and Development Code Amendment 2401 (2021 2029 Housing Element) p.964
Recommendation:

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

1. Adopt Resolution No. 2024035 of the Mayor and City Council of the City of San Bernardino, California, adopting the Addendum to Final Environmental Impact Report (SCH No. 2004111132) under the California Environmental Quality Act, approving General Plan Amendment 2401 establishing the Residential Medium High (RMH30) and Residential High (RH50) Zones and changing the General Plan Land Use Designation of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), and adopting and implementing the City of San Bernardino 20212029 Housing Element (General Plan – Chapter 3) (Attachment 1);

2. Introduce the first reading of Ordinance No. MC1627 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24 01 changing the Zoning District Classification of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), pursuant to the Addendum to Final Environmental Impact Report (SCH No. 2004111132) (Attachment 2); and

3. Schedule the second reading of the above Ordinances to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024.

6. Development Code Amendment 2303 (Density Bonus) p.1627 Recommendation:

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

1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC1629 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 2303 amending Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the Density Bonus section in compliance with State law; and finding that Development Code Amendment 2303 is exempt from review under the California Environmental Quality Act;

2. Conduct the Public Hearing; and

3. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS Mayor and City Council of the City of San Bernardino Page 8

CLOSED SESSION
7) Closed Session p.1699
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Kim Mannion v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2215977
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):

Notice of Claim, Enrique Gonzalez, dated June 27, 2023, Claim No. GHC0059695

CLOSED SESSION REPORT

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on March 06, 2024 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Open Session will begin at 7:00 p.m. and Closed Session will follow immediately after.

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

CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the Revised Agenda for the February 21, 2024, Special and Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Saturday, February 17, 2024.

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

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

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

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

Public Comments and Testimony:

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

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

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

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

Rule 5. Time Limits:

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

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

Mayor and City Council of the City of San Bernardino Page 11 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

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

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

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

Mayor and City Council of the City of San Bernardino Page 12

NOTICE OF A SPECIAL MEETING OF THE

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
DATE: Saturday, February 17, 2024
SUBJECT: Special Meeting on Wednesday, February 21, 2024 NOTICE IS HEREBY GIVEN that the City Manager, with a consensus of the Mayor and City Council of the City of San Bernardino, has called a Special Meeting for Wednesday, February 21, 2024, at 5:00 p.m.

Said meeting shall be for the purpose of considering the following:

PRESENTATIONS

1.Proclamation of Black History Month in the City of San Bernardino – February 2024 (All Wards)

2.Presentation of New San Bernardino County Fire District Assistant Fire Chief Gary Jager (All Wards)

CONSENT CALENDAR
Item Nos. 319

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

20. Revisit Tow / Tow Yard Contracts and Parameters for Enforcement (All Wards) – Council Member Reynoso

21. Downtown San Bernardino Property Based Improvement District (PBID) Feasibility Study and Formation Process (Ward 1) – City Manager

ADJOURNMENT
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the Regular meeting to be held on February 21, 2024, at the Feldheym Central Library, 555 West Sixth Street, San Bernardino 92401. Open Session will begin at 7:00 p.m. Closed Session will immediately follow the Open Session.

Genoveva Rocha, CMC, City Clerk
Mayor and City Council of the City of San Bernardino Page 13 ALTERNATE MEETING VIEWING METHOD:

If there are issues with the main live stream for the Mayor and City Council you may view the alternate stream on TV3
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6

PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to [email protected]. Written public comments received up to 3:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments 3) REMOTE PARTICIPATION VIA ZOOM WILL BE FOR MAYOR AND CITY COUNCIL

PARTICIPATION
Until further notice remote, remote public comment has been suspended.

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation of Black History Month in the City of San Bernardino – February 2024 (All Wards)
Packet Page. 14

PROCLAMATION OF THE

MAYOR AND CITY COUNCIL
PROCLAIMING FEBRUARY 2024, AS

BLACK HISTORY MONTH IN

THE CITY OF SAN BERNARDINO
WHEREAS, the City of San Bernardino acknowledges and celebrates the rich and diverse history of African Americans, recognizing their invaluable contributions to the cultural, social, economic, and political fabric of our nation; and, WHEREAS, Black History Month is an opportunity for all residents of the City of San Bernardino to reflect on the achievements, struggles, and remarkable influence that African Americans have had in shaping our community and the United States; and, WHEREAS, the City of San Bernardino is committed to fostering understanding, unity, and respect among all its residents, irrespective of race, ethnicity, or background; and, WHEREAS, the observance of Black History Month aligns with our city's dedication to promoting diversity, equity, and inclusion, creating an environment where all individuals can thrive and contribute to the betterment of our community; and, WHEREAS, the City of San Bernardino is proud to acknowledge and celebrate the vital role played by local black-owned businesses and non-profit organizations in fostering economic growth, community development, and social justice within our city; and, WHEREAS, these businesses and non-profits, through their dedication and entrepreneurial spirit, have made lasting contributions to the prosperity and vibrancy of the City of San Bernardino, enriching the lives of residents and enhancing the overall quality of our community; and,
WHEREAS, the City of San Bernardino encourages all residents to support and recognize the importance of local black-owned businesses and non-profit organizations during Black History Month and throughout the year.

NOW THEREFORE, BE IT PROCLAIMED THAT, the Mayor & City Council of the City of San Bernardino, do hereby proclaim the month of February 2024 as Black History Month in the City of San Bernardino, and I call upon all residents to participate in events and activities that honor the history, heritage, and achievements of African Americans.

There will be events at the city’s libraries, senior centers, and community centers throughout the month of February for the enjoyment of all residents.

Presented this 21st day of February 2024
Packet Page. 15

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Presentation of New San Bernardino County Fire District Assistant Fire Chief Gary Jager (All Wards)
Packet Page. 16

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Amendment No. 1 to the Master Agreement with the Fair Political Practices Commission for Campaign
Law Enforcement
Recommendation:

Executive Summary
This request is for the City Council to approve Amendment No. 1 to the Master Agreement between the City of San Bernardino and the Fair Political Practices Commission (FPPC) for campaign enforcement. In 2021, the City Council adopted an ordinance establishing local campaign finance regulations and a resolution authorizing an agreement with the FPPC for campaign law enforcement. However, when a subsequent ordinance was adopted in 2022, an amendment to the agreement was needed but not completed due to competing priorities. The current agreement has now expired as of June 30, 2023. Approval of the amendment would extend the agreement through June 30, 2025, and allow the FPPC to resume audits of local campaigns that are currently paused. The amendment removes the $400,000 cap over the agreement term, but costs will still not exceed $200,000 annually, which is allocated in the City Clerk Department budget. Approval is recommended to continue the city's partnership with the FPPC for the administration and enforcement of local campaign finance law.

Background
At a City Council workshop in August 2020, the City Council requested staff bring back an ordinance to establish unlimited campaign contribution limits. The City Council was presented with a draft ordinance on September 2, 2020, and again on September 16, 2020. At the September 16th meeting, the City Council decided to defer to the state's Packet Page. 17
limit, which was set at $4,900 and enforced by the FPPC.

On June 2, 2021, the Mayor and City Council adopted Ordinance No. MC-1558, adding Chapter 2.55 to the City of San Bernardino Municipal Code, relating to the local campaign finance regulations. In addition, the City Council adopted Resolution No. 2021-136 authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission for campaign law enforcement.

On February 16, 2022, the Mayor and City Council adopted Ordinance No. MC-1573U establishing campaign contribution limitations under Assembly Bill 571 reaffirming their previous decision, to defer to the State’s contribution default limits and allow for updated biennial inflation increases, avoid several provisions, including the requirement under AB571 that a candidate establish a new separate committee and bank account for each election.

Discussion
As mentioned, the Mayor and City Council adopted Resolution No. 2021-136, authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission (FPPC) for campaign law enforcement. In February 2022, with the adoption of Ordinance No. MC-1573U, an amendment to the Master Agreement with the FPPC was needed; the Staff was unaware and did not complete the necessary amendment to the agreement. When the City Clerk became aware, there were several competing priorities, and the amendment was inadvertently delayed. The Master Agreement has since expired, and in speaking with the FPPC representative, staff has been informed that the audits are currently paused; however, they will resume upon execution of the amendment. Staff is seeking approval to continue the agreement with the FPPC through June 30, 2025. 2021-2025 Strategic Targets and Goals
Approving the amendment to the City’s agreement with the FPPC aligns with Goal 2b:

Focused, aligned leadership and unified community - Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness. Due to competing priorities, staff cannot perform the necessary audits, and partnering with the FPPC ensures operations continue.

Fiscal Impact
The amendment to the agreement removes the $400,000 cap for the term of the agreement; however, the agreement will not exceed $200,000 per year, and this amount is allocated within the City Clerk Department budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 to the Master Agreement with the Fair Political Practices Commission (FPPC) for campaign enforcement and extend the term of the agreement term through June 30, 2025.

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Attachments
Attachment 1 – Amendment No. 1 to the Master Agreement with the FPPC Attachment 2 – Master Agreement with the FPPC
Ward:

All Wards
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Synopsis of Previous Council Actions:

On June 2, 2021, the Mayor and City Council Adopted Ordinance No. MC-1558, adding Chapter 2.55 to the City of San Bernardino Municipal Code, relating to the local campaign finance regulations
June 2, 2021, Adopted Resolution No. 2021-136 authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission for campaign law enforcement.

On February 16, 2022, the Mayor and City Council adopted Ordinance No. MC1573U establishing campaign contribution limitations under Assembly Bill 571.

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AMENDMENT NO. 1 TO

AGREEMENT FOR CAMPAIGN LAW ENFORCEMENT

WITH THE FAIR POLITICAL PRACTICES COMMISSION
This Amendment No. 1 to the Agreement for Campaign Law Enforcement is made and entered into as of February 21, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“Local Agency”) and Fair Political Practices Commission (“FPPC”). Local Agency and FPPC are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the Local Agency and the FPPC have entered into an agreement, dated August 12, 2021, for the purpose of providing enforcement and interpretation of campaign laws under the provisions of the Local Agency’s campaign ordinance (the “Master Agreement”); and
B. WHEREAS, the Parties now desire to amend the Master Agreement in order to reflect the recent addition of Section 2.55.030 to Chapter 2.55 of the Local Agency’s Municipal Code Regarding Default Local Campaign Contributions and to extend the term of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Amendment to Scope. Exhibit D Subsection 1 is amended to read as follows:
“The Local Ordinance subject to this Agreement consists of the following, with any noticed subsequent amendments pursuant to Exhibit A, item 5:

Ordinance No. MC-1558: Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Chapter 2.55 to the City of San Bernardino Municipal Code Relating To Local Campaign Finance Regulations, Title 2, Chapter

2.55 Urgency Ordinance No. MC-1573: Urgency Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Section 2.55.030 Establishing Mandatory Campaign Contribution Limit Requirements For Elected Officials Within the City of San Bernardino”
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3. Amendment to Term. The term of the Master Agreement as set forth in Exhibit A Subsection 3 is hereby extended through June 30, 2025. The audit or investigation time period set forth in Exhibit A, Item 2 will additionally include: January 1, 2023 to [December 31, 2024].

4. Amendment to the Total Cost of the Agreement. Exhibit B, Item 5 is amended to remove the 400,000 total cost limitation on the Agreement, reflecting the extension of the Agreement to cover additional years. The total cost of the Agreement will not exceed $200,000 per year.

5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

6. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Commented [KH1]: Is this the correct audit time period? Commented [2]: Will need to make sure they get their
$55k each year.

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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO

AGREEMENT FOR CAMPAIGN LAW ENFORCEMENT

WITH FAIR POLITICAL PRACTICES COMMISSION
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles A. Montoya, City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

FAIR POLITICAL PRACTICES

COMMISSION
Signature
Galena West
Executive Director
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9/21/21
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Mary E. Lanier, Interim Director of Community Development and Housing
Department: Community Development and Housing
Subject: Quitclaim Deed with Arrowhead Credit Union
Regarding APN 0136-171-44 (Ward 3)
Recommendation:

Executive Summary
The recommended action will authorize the City Manager to execute a Quitclaim Deed, thereby releasing the City of San Bernardino’s interest in the real property owned by Arrowhead Credit Union, also known as APN 0136-171-44. This action is necessary to remediate a cloud on the Title of the Property. The cloud on Title resulted when the City of San Bernardino filed a Quitclaim Deed, transferring ownership, while the City did not maintain ownership or interest in the Property.

Background
On December 5, 2005, the Community Development Commission of the City of San Bernardino adopted Resolution No. CDC/2005-45, approving a 2005 Disposition and Development Agreement (“DDA”) between the Redevelopment Agency of the City of San Bernardino, a public body, corporate, and politic (“the Agency”), and the Arrowhead Central Credit Union, a California Corporation (“the Developer”). A companion Resolution, Resolution No. 2005-414, by the Mayor and City Council of the City of San Bernardino, also approved the DDA with Arrowhead Credit Union.

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The DDA provided for the sale of 8.2 acres of vacant Agency-owned land, south of the Baseball Stadium on “E” Street, to the Developer for the purpose of constructing a new, campus-style headquarters. In September of 2006, the Developer acquired ownership of the Agency-owned land, otherwise known as (“the Property”) APN 0136-171-44, in accordance with the terms of the DDA, consisting of approximately 3.61 acres, and proceeded with the typical development process.

Subsequent to acquiring the Property, the Agency and the Developer experienced numerous challenges with regard to fulfilling the terms of the DDA. Ultimately, the Developer was unable to develop the Property in accordance with the DDA.

Discussion
Arrowhead Credit Union acquired the Property on September 14, 2006, in accordance with the terms of the DDA. The sale and transfer of ownership from the Agency to Arrowhead Credit Union established Arrowhead Credit Union as the sole owner of the Property.

On March 18, 2011, for reasons unknown to current City staff or Arrowhead Credit Union Management, a Quitclaim Deed was recorded against the Property, whereby the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic, conveyed right, title, and interest to the San Bernardino Economic Development Corporation, a California non-profit corporation. This conveyance has since clouded the Title of the property and is preventing the future disposition and development of the property.

Arrowhead Credit Union has requested that the City of San Bernardino execute a Quitclaim Deed to correct the Deed recorded on March 18, 2011. Staff has reviewed a Preliminary Title Report for the Property and has confirmed that, as of March 18, 2011, the City did have a recorded interest in the property. The City’s interest in the Property terminated on September 14, 2006.

Staff is recommending that the Mayor and City Council of the City of San Bernardino authorize the City Manager to execute a Quitclaim Deed to release the recorded interest in the Property that resulted from the Quitclaim Deed recorded on March 18, 2011, as the City of San Bernardino did not have ownership interest in the Property at the time.
2021-2025 Strategic Targets and Goals
This project is consistent with Goal No 1(e). Minimize risk and litigation exposure.

Executing the Quitclaim Deed will restore the Property to sellable condition, thus minimizing future litigation exposure.

Fiscal Impact
There is no fiscal impact on the City.

Conclusion
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It is recommended that the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency for the City of San Bernardino, authorize the City Manager to execute a Quitclaim Deed with Arrowhead Credit Union, terminating the City’s interest in the Real Property located at 580 W Mill Street, also known as APN: 0136-171-44, in the City of San Bernardino, California.

Attachments
Attachment 1 – Quitclaim Deed with Arrowhead Credit Union Attachment 2 - Resolution No. 2005-414
Attachment 3 – Grant Deed, Document No. 2006-0629470
Attachment 4 - Quitclaim Deed, Document No. 2011-0112192 Attachment 5 - Preliminary Title Report - APN 0136-171-44 Ward:

Third Ward
Synopsis of Previous Council Actions:

December 5, 2005 The Mayor and City Council approved Resolution No. 2005- 414, approving the Disposition and Development Agreement with Arrowhead Credit Union.

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NOTE: SEE COMPANION RESOLUTION NO. CDC/ 2005- 45
RESOLUTION NO. 2005- 414
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN OF SAN BERNARDINO APPROVING THE 2005
DISPOSITION AND DEVELOPMENT AGREEMENT (" DDA") BY AND

BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO (" AGENCY") AND ARROWHEAD CENTRAL CREDIT
UNION, A CALIFORNIA CORPORATION (" DEVELOPER") ( AGENCY PROPERTY LOCATED NORTH OF MILL STREET, WEST OF " E"
STREET ( APN: 0136- 111- 22) - 8. 2 ACRES IN THE CITY OF SAN BERNARDINO) (" PROPERTY") AND MAKING CERTAIN FINDINGS

THERETO RELATED TO THE DEVELOPMENT OF THE PROJECT

CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA)
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9 WHEREAS, the City of San Bernardino, California ( the " City"), is a mUlllclpa 10 corporation and charter city, duly organized and existing pursuant to the provisions of th constitution of the State of California; and
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WHEREAS, the Redevelopment Agency of the City of San Bernardino ( the " Agency") is a public body, corporate and politic existing under the laws of the State of California, Healt and Safety Code 33101, and is charged with the mission of redeveloping blighted an 13 14
underutilized land; and
15 WHEREAS, the Agency is the current owner of that certain real property consisting 0 16 approximately 8. 2 acres ( APN: 0136- 111- 22) located north of Mill Street, west of "E" Street the " Property") in the Central City South Redevelopment Project Area (" Project Area"); and WHEREAS, an updated MAl appraisal of the Property and the Property has bee completed by Smothers Appraisal ( the " Appraisal"); and WHEREAS, said Appraisal has confirmed the fair market value of the Property to be On 17 18
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21 Million Eight Hundred Ninety Thousand Dollars ($ 1, 890, 000); and 22 WHEREAS, the Agency is entering into a 2005 Disposition and Development Agreemen the " DDA") with Arrowhead Central Credit Union, a California Corporation ( 23 the " Developer" 24 pursuant to which the Agency will sell the Property to the Developer for a purchase price of On 25 Million Eight Hundred Ninety Thousand Dollars ($ 1, 890, 000) less a land write- down in th 1-
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2005- 414
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amount of $1, 400, 000 to cover necessary mitigations to the Property, including, but not limite to, relocation of high voltage power lines, acquisition of additional properties of ingress/ egres and additional right of way improvements; and
WHEREAS, fair market value of the property is $ 1, 890, 000, however, the dollar amoun that is to be received by the Agency is less than the fair market value of the Property by reason 0 the expectation of the parties that the Developer will most likely comply with the provision 0 the Purchase Price Promissory Note which will provide an adjusted purchase price of $490, 000; and
WHEREAS, the DDA provides for the development of the Property, and adjacen property already owned by the Developer, to be developed into two ( 2) office buildings totalin 145, 000 square feet, to contain the central billing, personnel and training facilities for Arrowhea Central Credit Union ( the " Project"); and
WHEREAS, the Agency has prepared and published a notice of joint public hearing i The San Bernardino County Sun Newspaper on November 21 and 28, 2005, regarding th consideration and approval of the DDA and also published a Notice of Intent to adopt Mitigated Negative Declaration related to the Project in accordance with Californi Environmental Quality Act (" CEQA"); and
WHEREAS, pursuant to Health and Safety Code Section 33433( c), the Agency ma transfer the Property to the Developer subject to the Mayor and Common Council an Community Development Commission adopting a Resolution authorizing the Agency to transfe the Property in light of the findings set forth herein, pursuant to Health and Safety Code Sectio 33433; and
WHEREAS, the Agency has prepared a Summary Report pursuant to Health and Safety Code Section 33433 that describes the salient points of the DDA and identifies the cost of the DDA to the Agency; and
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2005- 414
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WHEREAS, the Agency is the " lead agency" for the Project, under the California Environmental Quality Act, California Public Resources Code Sections 21000, et ~ CEQA"), in accordance with Public Resources Code Section 21067 and Title 14 California Code of Regulations Sections 15050 and 15051; and
WHEREAS, the Initial Study (IS), Attachment to the Staff Report was circulated on Jun 20, 2005 and no public comments were received; and
WHEREAS, the IS identified potentially significant effects on the environment connection with the proposed Project; and
WHEREAS, based on the potential significant affects on the environment, the Mitigatio Monitoring and Reporting Program ( the " Monitoring Program"), Attachment to the Staff Repo relative to the DDA between the Agency and the Developer to mitigate the potentially significan affects on the environment, and the Developer has agreed to implement such mitigation measure pursuant to said Monitoring Program; and
WHEREAS, the Agency has prepared the Mitigated Negative Declaration with respect t the Project in accordance with the provisions of CEQA and the CEQA Guidelines develope thereunder and the Mayor and Common Council will consider adoption thereof; and WHEREAS, it is appropriate for the Mayor and Common Council to take action wit respect to the disposition of the Property to the Developer by the Agency and to approve th DDA as set forth in this Resolution.

NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED

BY THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:

Section 1. On December 5, 2005, the Mayor and Common Council ( the " Council" conducted a full and fair joint public hearing with the Community Development Commission, a the governing board of the Agency ( the " Commission"), relating to the disposition of th Property from the Agency to the Developer and the development thereof pursuant to the DDA. 3-
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2005- 414
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The minutes of the City Clerk for the December 5, 2005 meeting of the Council shall include record of all communication and testimony submitted to the Council by interested person relating to the public hearing and the approval of the DDA and the adoption of the Mitigate Negative Declaration.

Section 2. The Council hereby receives and approves the 33433 Report and the othe written materials submitted to the Council at the meeting at which this Resolution is adopted.

The 33433 Report contains information required under Health and Safety Code Section 33433.

Section 3. Prior to the opening of the j
oint public hearing at which this Resolution i
adopted, the Council received the IS, and the Mitigation Monitoring and Reporting Program fo the Project. The Council finds and determines that there are no other significant environmenta effects or any differences in the severity of environmental effects associated with th implementation of the DDA from those assessed in the IS that would require additiona environmental review and the Council hereby approves the Mitigated Negative Declaration an the Mitigation Monitoring Program.

Section 4. This Resolution is adopted in satisfaction of the provisions of Health an Safety Code Section 33433 relating to the disposition and the sale of the Property by the Agenc to the Developer on the terms and conditions set forth in the DDA. A copy of the DDA in th form submitted at this joint public hearing is on file with the City Clerk. The Council hereb finds and determines that the disposition and redevelopment of the Property by the Developer i accordance with the DDA is consistent with the Project Area Redevelopment Plan, the Five Yea Implementation Plan and the City' s General Plan and that the consideration payable by th Developer to the Agency as the purchase price for the Property, pursuant to the DDA, is a amount that is less than the fair market value of the Property by reason of the expectation of th parties that the Developer will most likely comply with the provisions of the Purchase Pric Promissory Note in order to mitigate the extraordinary conditions present at the Propert including relocation and undergrounding of overhead high voltage power lines, public right-of 4-
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2005- 414
way improvements and extraordinary site development costs that may be incurred by th 2 Developer due to the prior use of the Property as a railroad switching yard and petro leu 3 products transfer station.

The Resolution shall become effective immediately upon its adoption. 4 Section 5.
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2005- 414
2005- 414
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN OF SAN BERNARDINO APPROVING THE 2005
DISPOSITION AND DEVELOPMENT AGREEMENT (" DDA") BY AND

THERETO RELATED TO THE DEVELOPMENT OF THE PROJECT

CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA)
3 4
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7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a joint regular meeting 9 thereof, held on the 5th day of December , 2005, by the following vote to wit:
10 Ayes Abstain Absent Nays
X
X
X
X..-
XX
X
Council Members:
11 ESTRADA

LONGVILLE

MCGINNIS
DERRY
KELLEY

JOHNSON

MC CAMMACK
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ach~l G. Clark, CitY"Clerk 1J;Z et. 6;; ~ 2 JJr.~ t-)~ ~ The foregoing resolution is hereby approved this'll> yof De c el'Yl be r , 2005. 19 20
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23 Approved as to form and Legal Content:
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Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 1 of 13
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.:

Issuing Agent: First American Title Insurance Company National Commercial Services Issuing Office: 901 Via Piemonte, Suite 150, Ontario, CA 91764 Commitment No.: NCS-1181249-ONT1
Issuing Office File No.: NCS-1181249-ONT1
Property Address: West Mill Street,San Bernardino, CA
Reference No.: Mill Street / 0136-171-44
Revision No.:

Escrow Officer/Assistant: /
Phone: /
Email: /
Title Officer/Assistant: Erin West/ IE Title Assistants Phone: (909)510-6215/
Email: [email protected]/ [email protected]

SCHEDULE A

1. Commitment Date: May 19, 2023 at 7:30 AM

2. Policy to be issued:
a. ALTA® Standard Owner’s Policy
Proposed Insured: Occidental Outdoor LLC, a Delaware limited liability company Proposed Amount of Insurance: $3,930,000.00
The estate or interest to be insured: See Item 3 below
b. 2021 ALTA Policy - form(s) To Be Determined
Proposed Insured: To Be Determined
Proposed Amount of Insurance: $0.00
The estate or interest to be insured: See Item 3 below

3. The estate or interest in the Land at the Commitment Date is:

Fee

4. The Title is, at the Commitment Date, vested in:

Arrowhead Central Credit Union, a California Corporation

5. The Land is described as follows:

See Exhibit A attached hereto and made a part hereof
Packet Page. 62
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 2 of 13
Commitment No. NCS-1181249-ONT1
SCHEDULE B, PART I—Requirements
All of the following Requirements must be met:

A. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions.

B. Pay the agreed amount for the estate or interest to be insured.

C. Pay the premiums, fees, and charges for the Policy to the Company.

D. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records.

E. Releases(s) or Reconveyance(s) of Item(s): NONE
F. Other: NONE
G. You must give us the following information:
a. Any off-record leases, surveys, etc.
b. Statement(s) of Identity, all parties.
c. Other: NONE
The following additional requirements, as indicated by "X", must be met:
☒ H. Provide information regarding any off-record matters, which may include, but are not limited to: leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq. ☒ I. The Company's Owner's Affidavit form (attached hereto) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary.
☒ J. An ALTA/NSPS survey of recent date, which complies with the current minimum standard detail requirements for ALTA/NSPS land title surveys, must be submitted to the Company for review. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary.

Packet Page. 63
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 3 of 13
☐ K. The following LLC documentation is required from the seller:
a. a copy of the Articles of Organization.
b. a copy of the Operating Agreement, if applicable.
c. a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State.
d. express Company Consent to the current transaction.
☐ L. The following partnership documentation is required:
a. a copy of the partnership agreement, including all applicable amendments thereto. b. a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State.
c. express Partnership Consent to the current transaction. ☒ M. The following corporation documentation is required:
a. a copy of the Articles of Incorporation.
b. a copy of the Bylaws, including all applicable Amendments thereto. c. a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State.
d. express Corporate Resolution consenting to the current transaction. ☐ N. Based upon the Company's review of that certain partnership/operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met:

Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. ☐ O. A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and/or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary.
☒ P. Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval.

Packet Page. 64
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 4 of 13
☒ Q. Potential additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met:
a. The Company's "Indemnity Agreement I" must be executed by the appropriate parties. b. Financial statements from the appropriate parties must be submitted to the Company for review.
c. A copy of the construction contract must be submitted to the Company for review. d. An inspection of the Land must be performed by the Company for verification of the phase of construction.
e. The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved.

Packet Page. 65
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 5 of 13
Commitment No. NCS-1181249-ONT1
SCHEDULE B, PART II—Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage.

The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:

1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met.

2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

3. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

4. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

5. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.

6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.

7. General and special taxes and assessments for the fiscal year 2023-2024, a lien not yet due or payable.

8. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.

Packet Page. 66
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 6 of 13

9. The fact that the land lies within the boundaries of the Tri City Redevelopment Project Area, as disclosed by the document recorded June 30, 1983 as Instrument No. 83-146358 of Official Records.

10. Easements, Covenants and Conditions contained in the deed from Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic, as Grantor, to Arrowhead Central Credit Union, a California Corporation, as Grantee, recorded September 14, 2006 as Instrument No. 2006- 0629470 of Official Records. Reference being made to the document for full particulars.

11. The effect of a deed executed by Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic to San Bernardino Economic Development Corporation, a California nonprofit corporation, recorded March 18, 2011 as Instrument No. 2011-0112192 of Official Records.

At the date of recording of the document, the grantor had no record interest in the land.

12. An easement for access, irrigation line and incidental purposes, recorded December 04, 2014 as Instrument No. 2014-0464994 of Official Records.

In Favor of: San Bernardino County Transportation Commission Affects: as described therein

13. We find no outstanding voluntary liens of record affecting subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property.

14. Water rights, claims or title to water, whether or not shown by the Public Records.

15. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey.

16. Rights of parties in possession.

Packet Page. 67
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 7 of 13

INFORMATIONAL NOTES
ALERT - CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of recording on certain transactions effective January 1, 2018. Please contact your First American Title representative for more information on how this may affect your closing.

1. Taxes for proration purposes only for the fiscal year 2022-2023.

First Installment: $6,714.94, PAID
Second Installment: $6,714.93, PAID
Tax Rate Area: 007067
APN: 0136-171-44-0-000

2. The property covered by this report is vacant land.

3. According to the public records, there has been no conveyance of the land within a period of twentyfour months prior to the date of this report, except as follows:

None

4. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued.

The map attached, if any, may or may not be a survey of the land depicted thereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of this Commitment or the Policy, if any, to which the map is attached.

Packet Page. 68
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 8 of 13
Commitment No. NCS-1181249-ONT1

EXHIBIT A
The Land referred to herein below is situated in the City of San Bernardino, County of San Bernardino, State of California, and is described as follows:

PARCEL A OF CERTIFICATE OF COMPLIANCE, LOT LINE ADJUSTMENT #LLA-04-07 RECORDED JULY 13, 2005 AS INSTRUMENT NO. 502959 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:

PORTIONS OF LOTS 7, 8 AND 9 OF BLOCK 11, RANCHO SAN BERNARDINO, IN THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9 AS SHOWN ON SAID MAP; THENCE NORTH 00° 01' 16" WEST ALONG THE WEST LINES OF SAID LOTS 9, 8 AND 7, 989.75 FEET TO A LINE, PARALLEL WITH AND 1,031.00 FEET NORTH OF THE CENTERLINE OF MILL STREET; THENCE NORTH 89° 58' 23" EAST, ALONG SAID PARALLEL LINE, 360.36 FEET TO THE EAST LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, AS SHOWN PER MAP RECORDED IN BOOK 16, PAGE 31 OF MAPS, RECORDS OF SAID COUNTY;
THENCE SOUTH 00° 02' 40" EAST ALONG SAID EAST LINE, 989.75 FEET TO THE SOUTH LINE OF SAID LOT 9;
THENCE SOUTH 89° 58' 23" WEST ALONG SAID SOUTH LINE, 360.76 FEET TO THE SOUTHWEST CORNER OF SAID LOT 9 AND THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 04, 2014 AS INSTRUMENT NO. 2014-0464994, OF OFFICIAL

RECORDS

EXCEPTING THEREFROM ALL MINERALS AND MINERAL RIGHTS, INTERESTS, AND ROYALTIES,

INCLUDING, WITHOUT LIMITING, THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS, IN AND UNDER THE PROPERTY;

HOWEVER, GRANTOR OR ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT FOR ANY

PURPOSE WHATSOEVER TO ENTER UPON, INTO OR THROUGH THE SURFACE OF THE PROPERTY IN CONNECTION THEREWITH, AS RESERVED IN THE DEED RECORDED OCTOBER 4, 1995 AS INSTRUMENT NO. 1995-0344395 OF OFFICIAL RECORDS.

For conveyancing purposes only: APN 0136-171-44-0-000
Packet Page. 69
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 9 of 13

ALTA COMMITMENT FOR TITLE INSURANCE
issued by

FIRST AMERICAN TITLE INSURANCE COMPANY
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.

THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE

PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY

SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR

THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.

THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED

INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.

COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured.

If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.

Packet Page. 70
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 10 of 13

COMMITMENT CONDITIONS

1. DEFINITIONS
a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class.
b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.
c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.
h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A.

2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end.

Packet Page. 71
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 11 of 13

3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I—Requirements; and
f. Schedule B, Part II—Exceptions; and
g. a counter-signature by the Company or its issuing agent that may be in electronic form.

4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5.

The Company is not liable for any other amendment to this Commitment.

5. LIMITATIONS OF LIABILITY
a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured.

Packet Page. 72
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 12 of 13

6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND

CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.

7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose.

8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.

9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.

10. CLASS ACTION

ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT,

INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS

COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR

DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS

PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.

Packet Page. 73
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 13 of 13

11. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.

Packet Page. 74

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Mary Lanier, Interim Director of Community Development and Housing
Department: Community Development and Housing
Subject: Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements
Recommendation:

Adopt Resolution No. 2024-031 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements.

Executive Summary
Chapter 8 of the San Bernardino Municipal Code requires Council approval to lien unpaid costs associated with Code Enforcement abatement of hazardous conditions that property owners have failed to address after proper notification. Two property owners have been unresponsive to the abatement notices due to hazardous conditions. As a result, the City initiated abatement and securing of properties, followed up with proper billing provided to the owners and interested parties for costs incurred by the City. The billing notices also included the right to appeal said costs in the notices.

The costs listed in Attachment 2, Exhibit A, are unpaid and overdue. The unpaid bills represent a General Fund impact in the amount of $80,278.30. Approval of the Resolution to lien the unpaid costs associated with these abatements is intended to recover the City costs paid for the abatement of the properties.

Background
On October 5, 2015, the Mayor and Common Council adopted Ordinance MC-1418, which repealed San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted Ordinance MC-1521, which made further revisions to Chapter 8.30. These changes have streamlined the process of abating public nuisances on properties and imposing liens Packet Page. 75
to enable the City to recover costs for abating nuisances.

Discussion
San Bernardino Municipal Code Section 8.30.050 requires a Resolution to be adopted in order to assess unpaid costs of abatement as liens upon the respective parcels of land as they are shown upon the last available assessment roll.

The Abatement Assessments are for public nuisance abatements performed by the Code Enforcement Division, which includes properties that were either secured and/or cleaned via administrative inspection warrants or were deemed Unsafe for Occupancy or after fire suppression activities when no responsible parties could be reached.

All affected property owners identified on the Abatement Assessments list have been notified through regular and certified mail of the respective abatement costs per SBMC

8.30.023. Further, affected property owners were also issued a Notice of Summary Abatement with the option to schedule a hearing per SBMC 8.30.045 and have also been advised of their right to appeal said costs within ten days or to pay the costs within 45 days of notice per San Bernardino Municipal Code Section 8.30.030 and 8.30.040.

To date, no hearings have been requested, and the costs are currently outstanding.

As such, staff recommends adopting the Resolution to assess the unpaid costs of the nuisance abatements.

The total fees for the Abatement Assessment, including emergency abatements and emergency demolition, are $80,278.30. If property owners come forward to pay their costs prior to the council meeting, their properties will be removed from Attachment 2.

If not, the amount will be collected incrementally as individual properties are sold and/or liens are paid through the escrow process or entered as an assessment on the San Bernardino County tax roll.
2021-2025 Strategic Targets and Goals
The request to impose liens to recover costs for Code Enforcement abatements aligns with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. Imposing liens to resolve public nuisances would ensure the City receives revenue back into the Community & Economic Development Department and that the City continues to strive towards being clean and attractive.

Fiscal Impact
The General Fund impact for this item is $80,278.30. This amount is to be reimbursed at a later time and recorded as revenue to offset the expenses incurred Conclusion
Adopt Resolution No. 2024-031 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City San Bernardino for the cost of public nuisance abatements.

Packet Page. 76
Attachments
Attachment 1 Resolution No. 2024-031, Imposing Liens to Recover Costs for Public Nuisance Abatements
Attachment 2 Exhibit A
Ward:

All Wards
Synopsis of Previous Council Actions:

October 5, 2015, Mayor and City Council adopted Ordinance MC-1418, repealing San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30 of San Bernardino Municipal Code regarding Public Nuisance Abatement.

April 18, 2018, Mayor and City Council adopted Resolution 2018-106, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance.

August 1, 2018, Mayor and City Council adopted Resolution No. 2018-222, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements.

September 18, 2019, Mayor and City Council adopted Ordinance MC-1521, Amending Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code, and adding Chapter 9.94 of the San Bernardino Municipal Code, related to various Code Enforcement Procedures, including the City’s administrative hearing procedures and appeals procedures.

July 19, 2023, Mayor and City Council adopted Resolution 2023-115, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance
Packet Page. 77
Resolution No. 2024-031
Resolution No. 2024-031
February 21, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-031

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

IMPOSING LIENS ON CERTAIN REAL PROPERTY

LOCATED WITHIN THE CITY OF SAN BERNARDINO OF

THE COSTS OF PUBLIC NUISANCE ABATEMENTS
WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the properties described in the Abatement Assessments List, a copy of which is attached hereto and incorporated herein as Exhibit A, in this Resolution; and WHEREAS, notice of the abatement costs were given to the owners of record of said properties, and any timely requested hearing has heretofore been held to hear protests of the costs of said abatement before the Administrative Hearing Office, who determined the owner of record is responsible for the costs.

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. Said costs are found to have been incurred by the City pursuant to proceedings under the San Bernardino Municipal Code, and the final statement of costs on file with the City Clerk is hereby confirmed and adopted as special assessments against the properties lists in Exhibit A.

SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino Municipal Code 8.30.050 and shall be collected as a special assessment.

SECTION 4. The City Clerk is hereby directed to file a certified copy of this Resolution, including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of the County of San Bernardino, State of California, directing that each sum be entered as a lien charged against the property as it appears on the current assessment rolls, to be collected at the said time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the City of San Bernardino are collected.

SECTION 5. The 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 Packet Page. 78
Resolution No. 2024-031
Resolution No. 2024-031
February 21, 2024

Page 2 of 3 ends

environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of February 2024.
______________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
___________________________________
Sonia Carvalho, City Attorney
Packet Page. 79
Resolution No. 2024-031
Resolution No. 2024-031
February 21, 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.2024-031, adopted at a regular meeting held at the 21st day of February 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 24th day of February 2024.
______________________________
Genoveva Rocha, CMC, City Clerk
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EXHIBIT "A"

ABATEMENT ASSESSMENTS

ADDRESS OWNER DATE ABATED WARD COST
2155 N. PERSHING AVE. PARKER, IRIS A 08/31/23 2 $10,379.20 340 W. FOURTH ST. FOX PROPERTY HOLDINGS LLC 08/17/23 1 $69,899.10 Total: $80,278.30
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Mary E. Lanier, Interim Director of Community Development and Housing
Department: Community, Housing, & Economic Development (CED) Subject: Resolution Declaring Intent to Annex Territory:

Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 37, Tax Zone No. 38 (Mill
Street) (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-030 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 37) and authorizing the levy of a special taxes therein.

Executive Summary
The recommended actions are the first step of the annexation process for the proposed development into Community Facilities District (“CFD”) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate its impacts for maintenance service of public facilities as a result of the new development. The special taxes will be levied annually to offset general fund expenditures related to the maintenance of public improvements within and for the benefit of the development.

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

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

Discussion
Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the District, which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.

The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Public lighting and appurtenant facilities, including streetlights within public rights-of-way and traffic signals; and

2. Maintenance of streets, including pavement management; and

3. Maintenance of Parks; and

4. Graffiti abatement; and

5. City and County costs associated with the setting, levying, and collection of the special tax and in the administration of the District including contract administration and for the collection of reserve funds.

The proposed development includes approximately 2.07 gross acres of an empty residential lot. The property is located at the northeast corner of Mill Street and Macy Street. At buildout this development will include 12 detached single-family lots as a new Tax Zone No. 38 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone.

The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 38), is included as Exhibit “C” to the Resolution of Intention. The maximum annual Packet Page. 83
special tax for this development has been calculated to be $706 per unit for FY 2023/24. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report, is a maintenance exhibit to illustrate which services are being maintained by the CFD.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance, which are summarized below. • Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). • Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. • Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special taxes in the District.

The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $8,471 to be used to pay for maintenance costs.

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

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for April 3, 2024.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact to the City. All costs associated with annexation into the CFD have been borne by the Developer.

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Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-030 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 37) and authorizing the levy of a special taxes therein.

Attachments
Attachment 1 – Resolution of Intention No. 2024-030
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:

Third Ward
Synopsis of Previous Council Actions:

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

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

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

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Resolution No. 2024-
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RESOLUTION NO.______

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

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

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 37) AND AUTHORIZING

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

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

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

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

SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map Packet Page. 86
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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 37, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

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

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

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

SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, April 3, 2024, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

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

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

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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday April 3, 2024 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot, the full text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of __________ 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-___, 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

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 37 is currently comprised of twelve (12) parcels, located within the City boundaries.

The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0142-621-13 MV RE Holdings LLC
0142-621-14 MV RE Holdings LLC
0142-621-15 MV RE Holdings LLC
0142-621-16 MV RE Holdings LLC
0142-621-17 MV RE Holdings LLC
0142-621-18 MV RE Holdings LLC
0142-621-19 MV RE Holdings LLC
0142-621-20 MV RE Holdings LLC
0142-621-21 MV RE Holdings LLC
0142-621-22 MV RE Holdings LLC
0142-621-23 MV RE Holdings LLC
0142-621-24 MV RE Holdings LLC
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EXHIBIT B

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

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

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

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

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

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

A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the coststo the City, CFD No. 2019‐1, or any designee thereof associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.

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City of San Bernardino 2
Community Facilities District No. 2019‐1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 etseq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.

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City of San Bernardino 3
Community Facilities District No. 2019‐1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.
“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi‐Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.

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City of San Bernardino 4
Community Facilities District No. 2019‐1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

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

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

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s Packet Page. 96
City of San Bernardino 5
Community Facilities District No. 2019‐1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

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

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category.  The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel.  The Administrator's allocation to each type of property shall be final.
b.   Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved  Property shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Approved property Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:

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City of San Bernardino 6
Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c.   Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax B (Contingent)
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City of San Bernardino 7
Community Facilities District No. 2019‐1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category.   The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel.   The Administrator's allocation to each type of property shall be final. b.   Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

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

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Packet Page. 99
City of San Bernardino 8
Community Facilities District No. 2019‐1 (Maintenance Services) Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c.   Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

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

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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

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

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Page. 100
City of San Bernardino 9
Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

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

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

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

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

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

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

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

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

APPENDIX A

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

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

TAX ZONE 38
TR 18895
Item Description Estimated Cost
1 Lighting $373
2 Streets $4,836
3 Parks $1,865
4 Graffiti $79
5 Reserves $68
6 Admin $1,250
Total $8,471
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.

TAX ZONE 38
FY 2023‐24 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Single Family Residential Property RU $706 $0
TAX ZONE 38
FY 2023‐24 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $3,667 $0

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City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services)

TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP 17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022‐23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021‐013 2022‐23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022‐23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022‐23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined
27 28 PM 20320 2022‐23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023‐24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022‐11 2022‐23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022‐23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023‐24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613,
4230 & 4250 2022‐23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023‐24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21‐16 2023‐24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC
35 36 CUP 22‐03 2023‐24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022‐007 2023‐24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023‐24 $706 / RU $0 / Acre MV RE Holdings LLC Packet Page. 104
City of San Bernardino 13
Community Facilities District No. 2019‐1 (Maintenance Services)

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

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

APPENDIX B

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

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways,streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any portions adjacent to the properties within CFD No. 2019‐1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

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

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

APPENDIX C

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

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES Packet Page. 107

EXHIBIT D
SHEET 1 OF 1 SHEET
ANNEXATION MAP NO. 37
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

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

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA.

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE

THIS MAP WAS FILED UNDER DOCUMENT
_____________, THIS _______ DAY OF _______, 20 ____,
AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,

AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNT
OF $_____________.

NUMBER

THE BOUNDARIES OF WHICH COMMUNITY FACILITIES

DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP

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

COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA.

CHRIS WILHITE

ASSESSOR-RECORDER

SAN BERNARDINO COUNTY
BY:________________________________

DEPUTY RECORDER

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

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS

APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN

BERNARDINO AT
ON THE ____ DAY OF ____________________,

A REGULAR MEETING THEREOF, HELD
20 ____.

BY ITS RESOLUTION NO. ____________________
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF ________, 20 ____. 38
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
þ18 þ330
¤66
þ þ 210 þ 259 0 ¤66
CFD 2019-1
TAX ZONE 38
¤66 LEGEND _ §¦215

ANNEXATION AREA BOUNDARY
þ PARCEL LINE
§¦10 38

CITY BOUNDARY
-

THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR

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

CONCERNING THE LINES AND DIMENSIONS OF LOTS OR

PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2023-24.

XXXX-XXX-XX
38 ASSESSOR PARCEL NUMBER (APN)

TAX ZONE
Packet Page. 108
Packet Page. 109

PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO

REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS

TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES

THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE

COMMUNITY FACILITIES DISTRICT

1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (the "Community Facilities District") of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district.

2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.

3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit 8 hereto.

4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting.

5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures. including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code.

6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to

EXHIBIT E
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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 37)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on February 21, 2024 adopted its Resolution No. 2024-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code.

The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, April 3, 2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the April 3, 2024 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.

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

DATED: ____________, 2024 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2024
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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 37
(April 3, 2024)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
MV RE Holdings LLC 2.97 3
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

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

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than March 20, 2024, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on April 3, 2024, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on April 3, 2024.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
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TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

MV RE Holdings LLC
Attn: Steve Landis
PO Box 9559
Alta Loma, CA 91701
0142-621-13, -14, -15, -16, -17,
-18, -19, -20, -21, -22, -23, -24

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rate set forth in the following table:

Land Use Category
Taxable
Unit
Maximum
Special Tax A
Single Family Residential Property RU $706
On each July 1, commencing on July 1, 2024 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services including lighting, streets, parks, and graffiti as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-__ adopted by the City Council of the City of San Bernardino on February 21, 2024 (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

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

Steve Landis
Manager

Signature
Print Name
Title
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EXHIBIT H
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MACY
ST

ESPERANZA ST

MILL ST

JOHNSTON AVE

WALNUT ST

POPLAR ST
WAT
W
O
O
D
AVE
DALLA
S
AVE

CHESTNUT ST

ATCHISON ST
R
A
N
C
H
O
AVE
IRIS
S
T

STATE S
T
G
R
A
N
D
AVE
ALS
TO
N
AVE
SUT
TER

AVECOLLEGE DR

HUFF ST
^_
£¤66

MILL ST
16TH ST

SPRUCE ST

S EI RRA WAY

WATERMAN AVE

NINTH ST

CAMPUS WAY
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST RANCHO AVE
17TH ST

BASE LINE ST

SECOND ST

PEPPER AV

CEDAR AVE

CENTRAL AVE

MER DI AI N AVE

SAN BERNARDINO AVE

MT VERNON AV
P
E

ENNSYLVANIA AVE

WATERMAN AVE

CITRUS AVE

EUCALYPTUS AVE

ACADEMY ST
MT V. IEW AVE

COLTON AVE

REDLANDS BLVD

MILL ST
·|þ}259
£¤66
£¤66
£¤66
§¨¦215
§¨¦10
·|þ}259
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CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 37

PROJECT MAP
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Barbara Whitehorn, Director of Finance and Management
Services
Department: Finance
Subject: Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for December 2023 and January 2024.

Executive Summary
This action is to approve the commercial and payroll disbursements. This is regular business of the Mayor and City Council ensuring that the City pays vendors, employees, and the retirement system timely, accurately and with full transparency for the community.

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

The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
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Discussion
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.

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

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for January 2024.

Attachments
Attachment 1 Payroll Summary Report for January 2024
Attachment 2 Commercial checks & Payroll Register #32
Attachment 3 Commercial checks & Payroll Register #33
Attachment 4 Commercial checks & Payroll Register #34
Attachment 5 Commercial checks & Payroll Register #35
Attachment 6 Commercial checks & Payroll Register #36
Ward:

All Wards
Synopsis of Previous Council Actions:

Gross Payroll
Bi-Weekly for January 4, 2024 $3,009,847.14
Bi-Weekly for January 18, 2024 $3,468,753.57
Monthly for January 15, 2024 $26,950.00
Total Payroll Demands: $6,505,550.71
The following check registers are being presented for approval:

December 21, 2023 2023/24 (Register #32) $4,120,125.84
December 28, 2023 2023/24 (Register #33) $1,880.20
January 11, 2024 2023/24 (Register #34) $3,251,285.45
January 18, 2024 2023/24 (Register #35) $325,027.87
January 19, 2024 2023/24 (Register #36) $46,425.00
Total commercial check demands: $7,744,744.36
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Suzie H. Soren, Deputy City Manager
Department: Human Resources & Risk Management
Subject: Approving Job Classifications and Amending the City-wide Salary Schedule
Recommendation:

It is recommended that the Mayor and City Council adopt Resolution No. 2024-032 of the Mayor and City Council of the City of San Bernardino, California:

1. Establishing the Auditor I job classification;

2. Establishing the Auditor II job classification;

3. Establishing the Deputy Director of Economic Development (U) job classification;

4. Establishing the Economic Development Manager job classification;

5. Authorizing the City Manager or their designee to add three (3) FTE for Fiscal Year 2023/24;

6. Amending the City-Wide Salary Schedule for full time, part-time, temporary, and seasonal positions
Executive Summary
Creating and staffing an Auditor I, Auditor II, and Deputy Director of Economic Development (U) will assist the City Manager’s Office and the Economic Development Department in accomplishing critical goals and actions. Establishing the Economic Development Manager classification is a continued item from the strategic initiatives approved on September 12, 2023.

Background
As the City continues its efforts to meet its goal of improving service delivery, and minimizing risk and litigation exposure, staff recommends adding two (2) new classifications to the City Manager’s Office and one (1) new classification to the Economic Development Department. The creation and addition of these classifications Packet Page. 208
will better position these two departments to better address the needs of the community and to strategically accomplish Mayor and City Council initiatives.

On September 12, 2023, staff made a presentation providing an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities. The presentation contained the addition of several new positions, including the Economic Development Manager. As such, staff is bringing forward the position to add it to the City-wide salary table.

Discussion
Auditor I and Auditor II
The Auditor I and Auditor II classifications will be positioned in the Management & Confidential group. They will conduct internal audits of both inter-departmental and intra-departmental fiscal affairs, systems, and procedures to determine compliance with City financial control and sound management practices. In addition, they will ascertain the reliability and quality of accounting and other data developed with established reporting systems. The Auditor I is the journey level classification that handles routing auditing work and assists with all audit phases. The Auditor II is the advanced journey level classification that handles more difficult and complex auditing work and performs all phases involved in an audit including planning, organizing, performing, and reporting.

An external compensation study comprised of local agencies with similar classifications was conducted to determine the recommended salary for both classifications. The average maximum salary among these agencies for Auditor I is $7,670/monthly; and the average maximum salary for the Auditor II is $8,547/monthly. Based on this study, the salary recommendation for both positions are as follows:

Auditor I – Range 515 ($6,273.93 - $7,625.78/monthly)
Auditor II – Range 537 ($7,000.76 - $8,509.67/monthly)
Deputy Director of Economic Development (U)
The Economic Development Department is a newly formed department created by the split between Community Development & Housing, and Economic Development. This department maintains responsibility for all Economic Development functions, strategies, plans, projects, and policies capitalizing on existing City and community assets and identifying new development opportunities for maximum economic vitality and value. This includes maintaining strategies for recruiting new businesses and retaining existing businesses in the City.

The Deputy Director of Economic Development (U) will be an unclassified position in the Management & Confidential group, and will assist with planning, organizing, and directing the activities and programs of the Economic Development Department, focusing on department operations, policy, and programming; act on behalf of the Director of Economic Development; and perform related duties as assigned.

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An internal compensation study was performed identifying City of San Bernardino Deputy Director level classifications including Animal Services, Finance & Management Services, Community Development (Housing & Homelessness), Human Resources & Risk Management, Information Technology, Parks, Recreation, & Community Services, and Public Works. Based on this study, the salary recommendation for the Deputy Director of Economic Development (U) is as follows:

Deputy Director of Economic Development (U) – Range 629 ($11,077.95 - $13,465.34/monthly)
Economic Development Manager
The Economic Development Manger will be positioned in the Management & Confidential group, responsible for leading teams in the areas of business recruitment, business retention, and special events management with the goal of attracting, and retaining businesses, development, capital investments, and securing high-profile City hosted events. An internal compensation study was performed anchoring this classification to the Economic Development Project Manager, and the recommended salary range is as follows:

Economic Development Manager – Range 560 ($7,852.17 - $9,544.13/monthly) As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.
2021-2025 Strategic Targets and Goals
The addition of these classifications and adding three (3) new positions aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to improve service delivery and function more efficiently.

Fiscal Impact
The total fiscal impact for the remainder of Fiscal Year 2023/24 is $155,122 estimating a hire date of March 2024. The City Manager’s Office and Economic Development Department will be using existing salary savings to cover the cost associated with adding the three (3) full-time positions. FY 2024/25 impact is $476,256 and FY 2025/26 impact is $538,385.

There is no other impact to the General Fund for establishing the Economic Development Manager as costs were previously approved by the Mayor and City Council on September 12, 2023 and formally adopted and the budget amended on October 4, 2023.

Conclusion
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It is recommended that the Mayor and City Council adopt Resolution No. 2024-032 of the Mayor and City Council of the City of San Bernardino, California:

1. Establishing the Auditor I job classification;

2. Establishing the Auditor II job classification;

3. Establishing the Deputy Director of Economic Development (U) job classification;

4. Establishing the Economic Development Manager job classification;

5. Authorizing the City Manager or their designee to add three (3) FTE for Fiscal Year 2023/24;

6. Amending the City-Wide Salary Schedule for full time, part-time, temporary, and seasonal positions
Click or tap here to enter text.

Attachments
Attachment 1 Resolution 2024-032
Attachment 2 Resolution 2024-032 Exhibit A – City-wide Salary Schedule Ward:

All Wards
Synopsis of Previous Council Actions:

January 17, 2024 Mayor and City Council adopted Resolution No. 2024-014 amending the City-wide salary schedule for full time, part-time, temporary, and seasonal positions.

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Resolution No. 2024-032
Resolution 2024-032
February 21, 2024

Page 1 of 4 ends

RESOLUTION NO. 2024-032

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

ESTABLISHING THE AUDITOR I CLASSIFICATION; 2.

ESTABLISHING THE AUDITOR II CLASSIFICATION; 3.

ESTABLISHING THE DEPUTY DIRECTOR OF
ECONOMIC DEVELOPMENT (U) CLASSIFICATION; 4.

ESTABLISHING THE ECONOMIC DEVELOPMENT
MANAGER CLASSIFICATION; 5. AUTHORIZING THE
CITY MANAGER TO ADD THREE (3) FULL TIME
POSITIONS TO FISCAL YEAR 2023/24; AND 6. AMENDING

THE CITY-WIDE SALARY SCHEDULE FOR FULL-TIME,

PART-TIME, TEMPORARY, AND SEASONAL POSITIONS
WHEREAS, the City continues its efforts to meet its goal of improving service delivery, and minimizing risk and litigation exposure, staff recommends adding two (2) new classifications to the City Manager’s Office and one (1) new classification to the Economic Development Department; and
WHEREAS, the creation and addition of these classifications will better position these two departments to better address the needs of the community and to strategically accomplish Mayor and City Council initiatives; and
WHEREAS, On September 12, 2023, staff made a presentation providing an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities. The presentation included the addition of several new positions, including the Economic Development Manager; and
WHEREAS, the proposed Auditor I and Auditor II will be classified positions in the Management & Confidential group, responsible for conducting internal audits of both interdepartmental and intra-departmental fiscal affairs, systems, and procedures to determine compliance with City financial control and sound management practices; and WHEREAS, the proposed Deputy Director of Economic Development (U) will be an unclassified position in the Management & Confidential group, responsible for assisting with planning, organizing, and directing the activities and programs of the Economic Development Department, focusing on department operations, policy, and programming; and WHEREAS, the proposed Economic Development Manager will be a classified position in the Management & Confidential group, responsible for leading teams in the areas of business recruitment, business retention, and special events management with the goal of attracting, and retaining businesses, development, capital investments, and securing high-profile City hosted events in the Economic Development Department; and
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Resolution No. 2024-032
Resolution 2024-032
February 21, 2024

Page 2 of 4 ends

WHEREAS, the salary schedule includes all adopted and approved classification and salaries; and
WHEREAS, the salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.

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

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

SECTION 2. The classification of Auditor I, range 515, $6,273.93 - $7,625.78/monthly, attached hereto as Exhibit A is hereby established and approved.

SECTION 3. The classification of Auditor II, range 537, $7,000.76 - $8,509.67/monthly, attached hereto as Exhibit A is hereby established and approved.

SECTION 4. The classification of Deputy Director of Economic Development (U), range 629, $11,077.95 - $13,465.34/monthly, attached hereto as Exhibit A is hereby established and approved.

SECTION 5. The classification of Economic Development Manager, range 560, $7,852.17 - $9,544.13/monthly, attached hereto as Exhibit A is hereby established and approved.

SECTION 6. The City Manager or their designee is hereby authorized to add three (3) FTE for Fiscal Year 23/24.

SECTION 7. 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 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.

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Resolution No. 2024-032
Resolution 2024-032
February 21, 2024

Page 3 of 4 ends

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 21st day of February 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2024-032
Resolution 2024-032
February 21, 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. 2024-032, adopted at a regular meeting held on the 21st day of February 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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EXHIBIT A ADOPTED 02/21/2024
EFFECTIVE 02/22/2024
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

PENDING

PENDING
00194
10060

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
515
537
493
608
$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
$6,273.93
$7,000.76
$5,190.00
$9,976.33
$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
$7,625.78
$8,509.67
$6,308.00
$12,126.50

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

AUDITOR I

AUDITOR II

BACKGROUND INVESTIGATOR (PT)

BUDGET DIVISION MANAGER (U)

GENERAL

MANAGEMENT

MIDDLE MANAGEMENT

CONFIDENTIAL

CONFIDENTIAL
NA

MANAGEMENT
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8 Packet Page. 216 ADOPTED 02/21/2024
EFFECTIVE 02/22/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 10062
20250
30072
30073
30074
10500
30502
20263
30650
30651
20271
10870
30292
10398
50280
10399
00601
10370
10801
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

BUDGET OFFICER

BUILDING INSPECTION SUPERVISOR

BUILDING INSPECTOR I (FLEX)

BUILDING INSPECTOR II

BUILDING INSPECTOR III
581
542
460
487
511
613
459
530
419
429
460
591
395
565
NA
$8,719.81
$7,338.73
$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
$10,598.09
$8,920.10
$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

MONTHLY

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

BUILDING OFFICIAL (U)

BUSINESS REGISTRATION INSPECTOR

BUSINESS REGISTRATION MANAGER

BUSINESS REGISTRATION REPRESENTATIVE I

BUSINESS REGISTRATION REPRESENTATIVE II
BUYER

CAPITAL IMPROVEMENT PROJECT MANAGER

CEMETERY CARETAKER

CHIEF DEPUTY CITY CLERK (U)

CHIEF OF POLICE

CITY CLERK (U)

CITY COUNCIL

CITY MANAGER (U)

GENERAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

MANAGEMENT

EXECUTIVE
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

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

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

CONFIDENTIAL

GENERAL

COUNCIL ADMINISTRATIVE SUPERVISOR (U)

CRIME ANALYSIS SUPPORT ASSISTANT

CRIME ANALYST 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
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8 Packet Page. 217 ADOPTED 02/21/2024
EFFECTIVE 02/22/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30222
30226
30227
30224
30100
10650
10654
09372
10675

PENDING
10066
10720
10610
10638
10830
10732
10803
10802
10400
40466
10685
09526
09520
09527
09710
09665
10625
10731
09753
20200
10140
10125

PENDING
10127
10120
30831
30841
10367
30432
30434
30436
20441
10180
30445
10200
30420
CUSTOMER SERVICE REPRESENTATIVE 386
396
396
386
444
490
530
700
619
629
629
629
629
629
629
629
678
662
575
P2
630
662
692
662
692
660
660
662
692
560
590
600
560
560
500
445
465
565
450
475
511
532
590
446
532
464
$3,373.81
$3,545.61
$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
$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
$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
$4,100.89
$4,310.37
$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
$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
$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

MONTHLY

GENERAL

CONFIDENTIAL

MANAGEMENT

EXECUTIVE

MANAGEMENT

POLICE SAFETY

EXECUTIVE

CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)

CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)

CUSTOMER SERVICE REPRESENTATIVE (U)

DATA ANALYST

DEPUTY CITY CLERK I (U)

DEPUTY CITY CLERK II (U)

DEPUTY CITY MANAGER (U)

DEPUTY DIRECTOR OF ANIMAL SERVICES (U)

DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT (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 MANAGER

ECONOMIC DEVELOPMENT PROJECT MANAGER

ECONOMIC DEVELOPMENT SPECIALIST

ELECTRICIAN I (FLEX)

ELECTRICIAN II

EMERGENCY OPERATIONS MANAGER

ENGINEERING ASSISTANT I (FLEX)

ENGINEERING ASSISTANT II

ENGINEERING ASSISTANT III

ENGINEERING ASSOCIATE

ENGINEERING PROJECT MANAGER

ENGINEERING TECHNICIAN

ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER

ENVIRONMENTAL PROGRAMS COORDINATOR

EXECUTIVE

MIDDLE MANAGEMENT

MANAGEMENT

CONFIDENTIAL

GENERAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

MANAGEMENT

GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8 Packet Page. 218 ADOPTED 02/21/2024
EFFECTIVE 02/22/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 20444
20024
20025
30921
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

ENVIRONMENTAL PROJECT MANAGER

EQUIPMENT MAINTENANCE MANAGER

EQUIPMENT MAINTENANCE SUPERVISOR

EQUIPMENT MECHANIC I (FLEX)

EQUIPMENT MECHANIC II

EQUIPMENT SERVICE WORKER

EXECUTIVE ASSISTANT

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
560
551
523
431
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
$8,027.54
$7,675.38
$6,675.40
$4,221.70
$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
$9,757.29
$9,329.84
$8,113.91
$5,131.65
$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

MONTHLY

MIDDLE MANAGEMENT

GENERAL

CONFIDENTIAL

MANAGEMENT
NA

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

MANAGEMENT

GENERAL

GENERAL
NA

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

CONFIDENTIAL

MANAGEMENT

CONFIDENTIAL

GENERAL

MIDDLE MANAGEMENT

GENERAL

GRANT DIVISION MANAGER (U)

GRANT WRITER

GRANTS ANALYST

GRANTS ASSISTANT

GRANTS MANAGER (U)

GROUNDWORKER ARBORIST

HAZMAT TECHNICIAN GENERAL

HOMELESS SERVICES COORDINATOR

HOUSING COMPLIANCE SPECIALIST

HOUSING DIVISION MANAGER (U)

HUMAN RESOURCES ANALYST

HUMAN RESOURCES ANALYST I

HUMAN RESOURCES ANALYST II

HUMAN RESOURCES ANALYST TRAINEE

HUMAN RESOURCES DIVISION MANAGER (U)

HUMAN RESOURCES GENERALIST

HUMAN RESOURCES TECHNICIAN

HVAC MECHANIC

MANAGEMENT

CONFIDENTIAL

MANAGEMENT

CONFIDENTIAL

GENERAL

INFORMATION TECHNOLOGY ANALYST I (FLEX) CONFIDENTIAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8 Packet Page. 219 ADOPTED 02/21/2024
EFFECTIVE 02/22/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 10626
10637
10631
10388
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

INFORMATION TECHNOLOGY ANALYST II

INFORMATION TECHNOLOGY MANAGER

INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR

INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)

LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)

LANDSCAPE & IRRIGATION INSPECTOR II

LAW ENFORCEMENT TRAINEE

LEAD ANIMAL CONTROL OFFICER

LEAD BUILDING INSPECTOR

LEAD CODE ENFORCEMENT OFFICER

LEAD CUSTODIAN

LEAD EQUIPMENT MECHANIC

LEAD FORENSICS SPECIALIST
520
599
530
430
447
467
NA
$6,432.08
$9,538.72
$6,761.38
$4,106.44
$4,573.05
$5,052.96
$34.77
$7,818.59
$11,593.56
$8,218.29
$4,990.33
$5,558.37
$6,141.36
$34.77

MONTHLY

MONTHLY
HOURLY

CONFIDENTIAL

MANAGEMENT

CONFIDENTIAL

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
$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

MONTHLY

GENERAL

MIDDLE MANAGEMENT

LEAD MAINTENANCE WORKER GENERAL

LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER

LEGAL ADMINISTRATIVE ASSISTANT (U)

LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U)

LIBRARIAN I (FLEX)

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

LIFEGUARD (PT)

LITERACY PROGRAM COORDINATOR

MAINTENANCE SUPERVISOR

MAINTENANCE WORKER I (FLEX)

MAINTENANCE WORKER II

MAINTENANCE WORKER III

MANAGEMENT ANALYST I (FLEX)

MANAGEMENT ANALYST I (FLEX)(U)

MANAGEMENT ANALYST II

MANAGEMENT ANALYST II (U)

MARKETING & MEDIA SPECIALIST

MARKETING & PUBLIC RELATIONS SPECIALIST
MAYOR

MIDDLE MANAGEMENT

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL
NA

MIDDLE MANAGEMENT

GENERAL

GENERAL
NA

GENERAL

MIDDLE MANAGEMENT

GENERAL

MANAGEMENT

CONFIDENTIAL

GENERAL
NA
MAYOR'S CHIEF OF STAFF (U) 580
561
566
461
485

MANAGEMENT

CONFIDENTIAL

GENERAL

NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)

NETWORK SYSTEMS ADMINISTRATOR

NPDES INSPECTOR I (FLEX)

NPDES INSPECTOR II GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8 Packet Page. 220 ADOPTED 02/21/2024
EFFECTIVE 02/22/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 20555
10122
10868
30178
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

NPDES MANAGER

OMBUDSPERSON

OPERATIONS & MAINTENANCE DIVISION MANAGER (U)

PARK RANGER

PARK RANGER SUPERVISOR

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
525
518
591
397
480
380
534
390
421
521
430
494
456
594
499
534
450
368
396
P5
$6,741.85
$6,368.17
$9,165.01
$3,563.34
$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
$8,194.75
$7,740.59
$11,140.78
$4,331.43
$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

CONFIDENTIAL

MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MIDDLE MANAGEMENT

GENERAL

MANAGEMENT

CONFIDENTIAL

MIDDLE MANAGEMENT

GENERAL

PLANNING DIVISION MANAGER (U)

PLANS EXAMINER I (FLEX)

PLANS EXAMINER II

PLUMBER

POLICE CADET (PT)

MANAGEMENT

GENERAL

GENERAL
NA

POLICE CALL TAKER (PT)

POLICE CAPTAIN
$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
$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

MONTHLY

POLICE MANAGEMENT

MIDDLE MANAGEMENT

POLICE DISPATCHER

GENERAL

POLICE MANAGEMENT

POLICE SAFETY

GENERAL

POLICE DISPATCH MANAGER

POLICE DISPATCH SUPERVISOR

POLICE DISPATCHER I (FLEX)

POLICE DISPATCHER II

POLICE FLEET MAINTENANCE EXPEDITOR

POLICE LIEUTENANT
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
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)

GENERAL

MANAGEMENT
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8 Packet Page. 221 ADOPTED 02/21/2024
EFFECTIVE 02/22/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30580
30583
30584
10900
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

PUBLIC WORKS INSPECTOR I (FLEX)

PUBLIC WORKS INSPECTOR II

PUBLIC WORKS INSPECTOR III

PUBLIC WORKS SAFETY AND TRAINING OFFICER

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)
476
499
529
510
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
$5,284.61
$5,927.45
$6,883.95
$6,119.03
$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
$6,423.99
$7,204.26
$8,366.92
$7,438.38
$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

MONTHLY

GENERAL

MANAGEMENT

GENERAL

MANAGEMENT

CONFIDENTIAL
NA
NA
NA
NA

GENERAL

MANAGEMENT

CONFIDENTIAL
NA
NA

GENERAL

MANAGEMENT

GENERAL

SECURITY OFFICER II (PT)

SENIOR ADMINISTRATIVE ASSISTANT

SENIOR ANIMAL SERVICES REPRESENTATIVE

SENIOR ARBORIST

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

TRAFFIC ENGINEER

TRAFFIC ENGINEERING ASSOCIATE
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8 Packet Page. 222 ADOPTED 02/21/2024
EFFECTIVE 02/22/2024
CLASS
CODE

HOURLY/

MONTHLY CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 20438
20370
30447
30448
30449
30667
10740
20666
30125

TRAFFIC OPERATIONS AND SYSTEMS ANALYST

TRAFFIC SIGNAL AND LIGHTING SUPERVISOR

TRAFFIC SIGNAL TECHNICIAN I (FLEX)

TRAFFIC SIGNAL TECHNICIAN II

TRAFFIC SIGNAL TECHNICIAN III

TREASURY ASSISTANT

TREASURY MANAGER

TREASURY SUPERVISOR

VETERINARY ASSISTANT
552
533
450
484
513
399
598
502
400
$7,714.14
$7,016.48
$4,641.76
$5,499.62
$6,355.27
$3,599.92
$9,491.06
$6,010.96
$3,617.65
$9,376.35
$8,528.08
$5,642.60
$6,684.45
$7,725.19
$4,374.65
$11,536.15
$7,306.62
$4,414.22

MONTHLY

MIDDLE MANAGEMENT

GENERAL

MANAGEMENT

MIDDLE MANAGEMENT

GENERAL
30620
30000

VOLUNTEER COORDINATOR

WEED ABATEMENT COORDINATOR
358
462
$2,933.80
$4,927.72
$3,565.56
$5,990.62

MONTHLY

GENERAL

GENERAL
(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
REVISION ADOPTED BY MCC 1/17/24
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8 Packet Page. 223

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. 224

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Suzie H. Soren, Deputy City Manager
Department: Human Resources & Risk Management
Subject: Establish a Revised Auto Allowance for Eligible City Employees (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-034, approving a revised auto allowance for eligible City employees and repealing Resolution No. 2018-171.

Executive Summary
Revising the auto allowance to realign the classifications eligible for this benefit.

Background
On December 4, 2006, the Mayor and City Council adopted Resolution No. 2006-428, authorizing auto allowances for eligible City employees and elected officials. The Resolution authorized the City Manager to designate an auto allowance to eligible employees at the following rates:

Classification Monthly
Allowance
City Manager $500
Mayor, City Council, Assistant City Manager,
Department Director $450
Division Heads $300
At the time the Resolution was adopted, the auto allowance at neighboring cities was significantly higher. Therefore, the Mayor and City Council authorized an annual increase of $25/month on July 1st of each year. There was no maximum or end date established for the annual increase. Therefore, on June 20, 2018, the Mayor and City Packet Page. 225
Council adopted resolution 2018-171 capping the auto allowance at the following rates:

Classification Monthly
Allowance
City Manager $775
Mayor, City Council, Assistant City Manager,
Department Director $725
Division Heads $575
Discussion
The item for consideration is to realign the classifications that receive an auto allowance and the amounts. Currently, if the classification/title is not listed in Resolution No. 2018-171, then it is determined that the positions are not eligible for an auto allowance. The bulk of the positions not receiving the allowance are the Deputy Directors, Chief Deputy City Clerk, and Deputy City Manager.

Historically, Division Managers were afforded an auto allowance, however, these positions do not typically receive this benefit. In fact, the cities that were surveyed did not offer an auto allowance to this level of classification. If approved, these classifications would no longer receive the benefit. Any employee currently employed within a Division Manager classification will retain the auto allowance of $575/month.

Any new appointment into any Division Manager classification, will not receive an auto allowance.

Additionally, Staff recommends that the additional tier of employees receive $625/month to remain consistent with other agencies and framework. Staff recommends the following:

Classification Monthly
Allowance
City Manager $775
Assistant City Manager, Deputy City Manager,
City Clerk, Department Directors $725
Deputy Directors, Chief Deputy City Clerk $625
Other Considerations
The Chief of Police classification currently receives a City-owned vehicle with fuel as listed in the Executive Compensation and Benefits Plan Resolution No. 2022-59. The auto allowance set for the Mayor and City Council is referenced in San Bernardino Municipal Code sections 2.82.010 (C) and 2.82.020(C).
2021-2025 Strategic Targets and Goals
Revising the auto allowance for eligible employees supports Key Strategic Goal 2.

Packet Page. 226
Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
The fiscal impact for revising the positions that receive an auto allowance would cost an additional $3,300 per year.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-034, approving a revised auto allowance for eligible City employees and repealing Resolution No. 2018-171.

Attachments
Attachment 1 – Resolution No. 2024-034
Ward:

All Wards
Synopsis of Previous Council Actions:

On December 4, 2006, the Mayor and City Council adopted Resolution No. 2006- 428, authorizing vehicle reimbursement allowance for various City employees, and repealing Resolution No. 89-15.

On June 20, 2018, the Mayor and City Council adopted Resolution No. 2018-171, authorizing vehicle reimbursement allowance for various City employees, and repealing Resolution No. 2006-428.

Packet Page. 227
Resolution No. 2024-034
Resolution 2024-134
February 21, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-034

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING A REVISED AUTO ALLOWANCE FOR

ELIGIBLE EMPLOYEES AND REPEALING RESOLUTION
NO. 2018-171
WHEREAS, there is a need to realign the classifications that receive an auto allowance as newly created positions are not currently included; and WHEREAS, if a classification/title is not listed in Resolution No. 2018-171, then it is determined that the positions are not eligible for an auto allowance; and WHEREAS, the bulk of the positions not receiving the allowance are the Deputy Directors, Chief Deputy City Clerk, and Deputy City Manager; and WHEREAS, historically, Division Managers were afforded an auto allowance, however, these classifications will no longer receive the benefit.

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 monthly amount of auto allowance authorized for each employee category is as follows:

Classification Monthly Allowance
City Manager $775
Assistant City Manager, Deputy City Manager, City Clerk, Department Directors
$725
Deputy Directors, Chief Deputy City Clerk $625
SECTION 3. Any employee currently employed within a Division Manager classification will retain the auto allowance of $575/month. Any new appointment into any Division Manager classification, will not receive an auto allowance.

Packet Page. 228
Resolution No. 2024-034
Resolution 2024-134
February 21, 2024

Page 2 of 3 ends

SECTION 4. The auto allowance set for the Mayor and City Council is referenced in San Bernardino Municipal Code sections 2.82.010 (C) and 2.82.020(C).

SECTION 5. The Chief of Police classification currently receives a City-owned vehicle with fuel as listed in the Executive Compensation and Benefits Plan Resolution No. 2022-59.

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 21st day of February 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 229
Resolution No. 2024-034
Resolution 2024-134
February 21, 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. 2024-134, adopted at a regular meeting held on the 21st day of February 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Page. 230

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Suzie H. Soren, Deputy City Manager
Department: Human Resources & Risk Management
Subject: Human Resources & Risk Management Department
Staffing
Recommendation:

Adopt Resolution No. 2024-033 of the Mayor and City Council of the City of San Bernardino, California, approving the addition of the following positions to support the employee relations functions of the Human Resources & Risk Management Department:

1. One (1) Supervising Human Resources Analyst

2. One (1) Human Resources Analyst II
Executive Summary
Adding two (2) positions to the Human Resources & Risk Management Department would allow for in-house staff to be dedicated to employee relations matters responsible for handling workplace investigations, training and coaching, and union matters.

Background
As the Human Resources & Risk Management Department continues its efforts of improving service delivery, staff recommends adding two additional positions to address employee relations, and union matters. These employee relations focused staff will address workplace conflict and concerns; coach supervisors and managers through progressive discipline and employee performance improvement processes; resolve labor contract disputes; conduct workplace investigations, participate in other employee relations matters on behalf of the City; and coordinate and facilitate Citywide training and development.

Packet Page. 231
The approval of additional staffing will better position the Human Resources & Risk Management Department to meet the needs of the City and its current and potential employees. Staff focused on employee relations will take a neutral leadership role in serving both employees and managers and would require the addition of the following positions to run an efficient operation: one (1) Supervising Human Resources Analyst, and one (1) Human Resources Analyst II.

Discussion
In recent years, the Human Resources & Risk Management Department has experienced high turnover as employees must shift their focus between multiple high-volume areas and carry a workload equivalent to that of more than one employee. The department is constantly losing employees to other agencies who offer better compensation packages, work-life balance, and focused assignments with manageable workloads.

In addition, a high number of employee relations cases, investigations, and miscellaneous duties are currently outsourced due to the shortage of staff that can dedicate the necessary time to completing such sensitive tasks. Over the last three (3) fiscal years, we have spent approximately $305,583 outsourcing investigations and other employee relations duties, yet are still falling short in providing important retention strategies such as consistent training and development opportunities to employees. In the current fiscal year, we have already spent $134,649 as of January 2024, and we anticipate spending well over $500,000.00 should the volume of investigative needs remain constant.

Adding the 2 additional staff members will create a structure that includes adequate staffing to support all employee relations related functions. This in turn will give us greater oversight and better control of timelines in administrative investigations.

Funds currently spent on outside assistance will now support an in-house employee relations function, resulting in a more efficient and manageable department operation. In addition, it will result in a major cost savings for not outsourcing as many investigations that are currently being sent to outside vendors. It is important to note that outside investigators will still be utilized in the event of extremely sensitive topics that require special handling.

The Supervising Human Resources Analyst will assign, review, and evaluate the work of analysts assigned to employee relations matters while taking responsibility for the most difficult, sensitive, and confidential matters; and provide guidance to department management and assigned staff on any areas of concern.

The Human Resources Analyst II will have intense involvement in all aspects of employee relations including labor negotiations and contract administration, advising department staff on disciplinary matters, providing guidance to employees regarding provisions of their labor agreements, and representing the City’s position in all employee relations disputes.

Packet Page. 232
In addition, these positions will consult with, advise, and make recommendations to City departments regarding routine employee relations matters, research and identify training needs and plan training programs related to supervisory techniques, orientation, and other human resources areas; develop training, write course outlines, prepare and facilitate training programs, and identify and recommend external training programs for the development of City employees. 2021-2025 Strategic Targets and Goals
Adding staff to support the employee relations functions within the Human Resources & Risk Management Department aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to improve service delivery and function more efficiently; and Key Target 2b: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality of talent.

Fiscal Impact
It will cost $133,494 to add the 2 positions for the remainder of FY 23/24 and $272,425 in FY 24/25. We will utilize the cost savings of outsourcing investigations to outside firms to fund these positions.

Conclusion
Adopt Resolution No. 2024-033 of the Mayor and City Council of the City of San Bernardino, California, approving the addition of the following positions to support the employee relations functions of the Human Resources & Risk Management Department:

1. One (1) Supervising Human Resources Analyst

2. One (1) Human Resources Analyst II
Attachments
Attachment 1 Resolution 2024-033
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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Resolution No. 2024-033
Resolution 2024-033
February 21, 2024

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RESOLUTION NO. 2024-033

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE ADDITION OF TWO POSITIONS

WITHIN THE HUMAN RESOURCES & RISK

MANAGEMENT DEPARTMENT
WHEREAS, As the Human Resources & Risk Management Department continues its efforts of improving service delivery, staff recommends adding two additional positions to address employee relations, and union matters; and
WHEREAS, these employee relations focused staff will address workplace conflict and concerns; coach supervisors and managers through progressive discipline and employee performance improvement processes; resolve labor contract disputes; conduct workplace investigations, participate in other employee relations matters on behalf of the City; and coordinate and facilitate City-wide training and development; and
WHEREAS, The approval of additional staffing will better position the Human Resources & Risk Management Department to meet the needs of the City and its current and potential employees.

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

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

SECTION 2. The addition of one (1) Supervising Human Resources Analyst, is hereby approved.

SECTION 3. The addition of one (1) Human Resources Analyst II, is hereby approved.

SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

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Resolution No. 2024-033
Resolution 2024-033
February 21, 2024

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of February 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2024-033
Resolution 2024-033
February 21, 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. 2024-033, adopted at a regular meeting held on the 21st day of February 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Rolland Kornblau, Director of Technology
Department: Information Technology
Subject: Request for Purchase Authorization for Backup
Storage Replacement (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute a Professional Software Services Agreement with Sidepath, Inc. for purchasing backup hardware, as approved for funding through the FY 2023/24 Operating Budget:

2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $151,000.00 to Sidepath, Inc.

Executive Summary
A purchase order not to exceed $151,000 is requested for the purchase of backup hardware, software, and support. The equipment is necessary as it will replace end-oflife hardware. Funding for this purchase was authorized by the City Council as part of the Strategic Targets and Goals (Improved Operational & Financial Capacity). This project began with the replacement of Firewalls and Core Switches as approved in Resolution No. 2022-54. This project will be replacing the backup system used currently.

Background
The Information Technology Department is responsible for the maintenance, repair, and function of City-owned network hardware and software. The Mayor and City Council approved a budget in Resolution No. 2022-44 to begin the process of Packet Page. 237
upgrading the network hardware in the City. Current hardware is end of life and in need of replacement to function.

Discussion
Information Technology is proposing to replace the City’s backup hardware. The City needs to upgrade the end-of-life hardware. RFP-23-72 was issued in October 2023 on Planet Bids and there were 6 respondents. Side Path, Inc. was selected as they submitted the lowest price. The General Fund impact is $151,000 and is appropriated in the FY2023/24 budget. The purchase order amount of $151,000 will allow for the purchase of backup hardware for the city hall and public safety networks. 2021-2025 Strategic Targets and Goals
This project is aligned with Key Target No. 1: Improved Operational & Financial Capacity. Approval of this purchase will reduce the risk of potential outages of the network and improve the speed.

Fiscal Impact
There is sufficient funding in the FY 2023/24 Operating Budget for this item.

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

2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $151,000.00 to Sidepath, Inc.

Attachments
Attachment 1 - Backup Quote
Attachment 2 – Backup PSA Jan 24 2024
Attachment 3 – RFP F-23-72 Backup Storage Replacement
Ward:

All Wards
Synopsis of Previous Council Actions:

March 2, 2022, The Mayor and City Council adopted Resolutions No. 2022-54 approving the City of San Bernardino’s Operating Budget for the fiscal year 2021/22 Report
Packet Page. 238
March 2, 2022, The Mayor and City Council adopted Resolution No. 2022-44 approving the City of San Bernardino’s agreement with Spectrum to increase the Internet speed from 1GB to 10 GB.

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Quotation
22892 Mill Creek Drive Date: 01/26/24
Laguna Hills, CA 92653 Quotation #: SIDQ46094-01
Phone (949)748-8700; Fax (949)748-8706 www.sidepath.comValid Until: 02/26/24 Prepared By: Kristen Norem
Project ID: SIDPROJECT43113
Bill To: Ship To:

City of San Bernardino City of San Bernardino Attn: Glenn Cline Attn: Glenn Cline 201 North E Street 2nd Floor
San Bernardino, CA 92418
201 North E Street
2nd Floor
San Bernardino, CA 92418
Phone: (909) 384-5947 Phone: (909) 384-5947
Email: [email protected] Email: [email protected]
Qty Item Code Description Unit Price Ext. Price
PowerProtect DD6400- PD and City Hall
2 210-BCFX Controller DD6400 NFS CIFS $2,929.31 $5,858.62 2 321-BHJM SYSTEM DD6400 PSNT $0.00 $0.00
2 800-BBQV Informational Purposes Only $0.00 $0.00
2 877-3653 Dell Hardware Limited Warranty $120.66 $241.32 2 877-3660 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with $432.65 $865.30 Emergency Dispatch 3 Years
2 877-3662 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with $579.21 $1,158.42 Emergency Dispatch 2 Years Extended
2 877-3665 ProSupport Mission Critical 7x24 Technical Support and $675.63 $1,351.26 Assistance 5 Years
2 955-9041 Dell Hardware Limited Warranty Plus On Site Service Extended $0.00 $0.00 Year
2 989-3439 Thank you choosing Dell ProSupport. For tech support, visit $0.00 $0.00 //www.dell.com/support or call 1-800- 945-3355
2 619-ARIH DD OS 7.7X=IA $0.00 $0.00
2 492-BDET DD 10GSFP IO MODULE NDC INTEL $170.46 $340.92 2 400-BMSJ DD6400 1.92TB Internal Cache SSD $0.00 $0.00 2 750-ADOJ DD6400 Field Install Kit $335.94 $671.88
2 149-BBKF LICENSE BASE DD OE=IA $0.00 $0.00
2 868-5994 5 Years ProSupport Operating Env Sftwr Spt-Maint $1,914.06 $3,828.12 2 868-5960 5 Years ProSupport Capacity Bundle 1TB Raw Sftwr Spt-Contract $0.00 $0.00 2 868-5964 5 Years ProSupport DD Cloud Tier Sftwr Spt-Contract $0.00 $0.00 2 825-8623 Certified Deployment Partner T1 or Distributors $0.00 $0.00 2 379-BDPD ISG Product (info) $0.00 $0.00
224 800-BBQV Informational Purposes Only $0.00 $0.00
8 470-AFCN Cable 10GbE 3M AOC $60.31 $482.48
If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - PowerProtect DD6400s - PD and CH (line item) Packet Page. Page 1 of 3240
Qty Item Code Description Unit Price Ext. Price
224 149-BBKE DD6400 Capacity License Bundle 1TBu=CC $250.15 $56,033.60 224 868-6010 5 Years ProSupport Capacity Bundle 1TB Raw Sftwr Spt-Maint $136.13 $30,493.12 688 151-BBRH DD6400 Cloud Tier 1TB =CC $0.00 $0.00
688 868-5953 5 Years ProSupport DD Cloud Tier Sftwr Spt-Maint $0.00 $0.00 4 210-BCGF ES40 SHELF 12G 15X8TB SAS Field DD6400 $3,583.15 $14,332.60 4 877-3727 Dell Hardware Limited Warranty $120.66 $482.64 4 877-3734 ProSupport Mission Critical 4-Hour 7X24 Onsite Service with $432.65 $1,730.60 Emergency Dispatch 3 Years
4 877-3736 ProSupport Mission Critical 4-Hour 7X24 Onsite Service with $579.21 $2,316.84 Emergency Dispatch 2 Years Extended
4 877-3739 ProSupport Mission Critical 7X24 Technical Support and $675.63 $2,702.52 Assistance 5 Years
4 975-3461 Dell Limited Hardware Warranty Extended Year(s) $0.00 $0.00 4 989-3439 Thank you choosing Dell ProSupport. For tech support, visit $0.00 $0.00 //www.dell.com/support or call 1-800- 945-3355
4 825-8623 Certified Deployment Partner T1 or Distributors $0.00 $0.00 4 379-BDPD ISG Product (info) $0.00 $0.00
448 800-BBQV Informational Purposes Only $0.00 $0.00
8 470-ADZE DD 3M SAS HD FLEX $37.96 $303.68
SubTotal $123,193.92
Professional Services and Installation
2 SID-PS-DD-IMP-BAS Sidepath Professional Services: This service provides for the $10,000.00 $20,000.00 installation of a Data Domain appliance and up to four shelves into your backup environment. Services include racking new equipment, upgrade of the appliance operating system, and installation of purchased licenses and features. Services excluded, but available via alternative offerings, Cloud Tier and Cloud DR. SubTotal $20,000.00
Payment Terms from Ship Date: Net 30
Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote. CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monitors, laptops or tablets. Product Total $143,193.92 Taxes $6,890.43
Shipping $0.00
Grand Total $150,084.35
Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions, which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request.

Note: Sidepath will collect sales tax for orders shipped to these six states: AZ, CA, MA, NV, TX and WA. For orders shipped outside of these six states, it will be the customer's responsibility to report the tax as Sales & Use Tax.

Please contact me if I can be of further assistance.

THANK YOU FOR YOUR BUSINESS!
If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - PowerProtect DD6400s - PD and CH (line item) Packet Page. Page 2 of 3241
Accepted by:_________________________________ Title:_______________________________ Date:___________ PO:_______________________ If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - PowerProtect DD6400s - PD and CH (line item) Packet Page. Page 3 of 3242
- 1 -

PROFESSIONAL SOFTWARE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND SIDEPATH INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this 1st day of March 2024 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and SIDEPATH INC. a Corporation with its principal place of business at 22892 Mill Creek Drive, Laguna Hills, CA 92653 (“Vendor”). Vendor is registered with the State of California and permitted to conduct the types of sales and business services included in this Agreement. City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

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

BACKUP STORAGE REPLACEMENT (hereinafter referred to as “the Project”)

2.2 Vendor. Vendor desires to perform and assume responsibility for the provision of certain professional services including, but not limited to, software programming and on-going maintenance services as required by the City on the terms and conditions set forth in this Agreement. Vendor represents that it is experienced in providing PROFESSIONAL SOFTWARE SERVICES projects to public agency clients, is licensed in the State of California, and is familiar with the computing environment of the City.

2.3 Grant of License. Vendor hereby represents and warrants to City that Vendor is the owner of the Application Software, as defined herein, or otherwise has the right to grant to City the rights to use of the Application Software, as set forth in this Agreement and the attached License Agreement.

2.4 Project. City desires to engage Vendor to render such services for the BACKUP STORAGE REPLACEMENT (“Project”) as set forth in this Agreement.

2.5 Hardware Specifications. The Parties acknowledge and agree that the City has or will be purchasing certain hardware necessary for the proper operation of the System, defined below, in reliance on the recommendations and specifications to be provided by Vendor.

3. DEFINITIONS
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2 3.1 Acceptance. The term Acceptance as used in this Agreement shall refer to a thirty (30) day period following notification by the Vendor that the Application Software or any component or element thereof is ready for use. During this period, the City will test the System and if no Defects are reported, that component or element of the Application Software will be deemed Accepted. If Defects are reported, the Vendor will correct the Defect and a new Acceptance period will begin once the City has been notified by the Vendor.

3.2 Application Software. The term Application Software as used in this Agreement shall refer to the collection of software programs (i.e. executable code) provided to the City by Vendor that will perform the set of functions described in the Exhibit “B”.

3.3 Custom Software. The term Custom Software is computer programs developed under this Agreement that extends the functionality of the Application Software to include features specified or required as part of this Project and under this Agreement not originally part of the Vendor’s baseline or prior version of the Application Software.

3.4 Defect. The term Defect as used in this Agreement shall refer to any error or malfunction in the operation of the System under this Agreement that prevents the City or its agents or employees from using the Application Software to perform the features and functions proposed in Exhibit “B”.

3.5 Delivery. The term Delivery related to software shall mean the transfer and receipt (electronically) of the Application Software to the designated, City approved computing environment. Delivery of professional Services, as used in this Agreement, shall mean that the City’s designated agent under this Agreement has signed off on a given task or work order.

3.6 Final Acceptance. The term Final Acceptance as used in this Agreement shall be used to refer to the thirty (30) day period following the complete Acceptance and operation in productive use of all the components and elements of the System that is free of Defects. If Defects are reported by the City, the Vendor will correct the Defect(s) and notify the City after which a new Final Acceptance period will begin.

3.7 Installation. The term Installation as used in this Agreement shall refer to the loading of executable code necessary for the operation of the Application Software on one of the computing environments designated herein with the Platform Software.

3.8 License Agreement. The term License Agreement as used in this Agreement shall mean the license agreement(s) for the Application Software attached hereto as Exhibit “F”.

3.9 On-going Maintenance and Support Services. The term On-going Maintenance and Support Services used in this Agreement shall mean those Services required for on-going Application Software maintenance and support.

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3 3.10 Platform Software. The term Platform Software shall mean all of the server and client operating systems, utilities, objects, database software, and any 3rd Party software necessary to operate the Application Software as required by this Agreement.

3.11 Project. The term Project as used in this Agreement shall refer to all of the materials, labor and Services required to deliver the System.

3.12 Project Deliverables. The term Products as used in this Agreement shall refer to, collectively, the Application Software, Custom Software, Platform Software, Updates, Source Code and any other products, including intellectual property, provided by Vendor under this Agreement, as more specifically set forth in Exhibit “B”.

3.13 Project Services. The term Project Services as used in this Agreement shall mean those Services to be provided by Vendor in order to complete the Project, through Final Acceptance.

3.14 Services. The term Services as used in this Agreement shall mean, collectively, the Project Services and the On-going Maintenance and Support Services.

3.15 Source Code. The term Source Code as used in this Agreement shall refer to all programming language code, objects, stored procedures, utilities, and compilers necessary to generate executable code for all of the Application Software and Custom Software provided under this Agreement, including all user, technical and system documentation necessary for a reasonable person to understand how to operate all elements of the System.

3.16 System. The term System shall be used in this Agreement to refer to the collection of software, firmware, operating system, database system, hardware and peripherals necessary to operate the Application Software to perform the functions specified in Exhibit “B”.

3.17 Update. The term Update shall be used in this Agreement to refer to any bug fix, patch, enhancement, error correction, revision, performance improvement, new version, added features to or replacement of the Application Software, or any component or element thereof, designed to perform the same functions as the Application Software on any Platform Software or computing environment.

4. TERMS.

4.1 Incorporation of Documents and Recitals; Order of Precedence. The attached exhibits and the recitals set forth above are incorporated into this Agreement by reference as though fully set forth herein.

4.2 Scope of Services and Term.

4.2.1 General Scope of Services. Vendor promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, Packet Page. 245
4 materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply Hardware and Professional Software Services necessary for the Project. The Project is more particularly described in Exhibit “A” (Statement of Work) attached hereto and incorporated herein by reference including definitions required for interpreting the services described. The Project shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

4.2.2 On-Going Maintenance and Support Services. Vendor further promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the On-going Maintenance Services as required hereunder. The On-going Maintenance and Support Services are more particularly described in Exhibit “G” (On-going Maintenance Services Statement of Work) attached hereto and incorporated herein by reference including, if applicable, definitions required for interpreting the services described. The On-going Maintenance and Support Services shall be subject to, and performed in accordance with, the applicable provisions of this Agreement and the attached exhibits, and all applicable local, state and federal laws, rules and regulations.

4.2.3 Term.

4.2.3.1 License Agreement. The term of the License
Agreement shall continue in perpetuity, regardless of any termination of this Agreement or the provision by Vendor of On-going Maintenance and Support Services, as further set forth in the License Agreement.

4.2.3.2 On-going Maintenance and Support Services. The
term of this Agreement as relates to the provision of On-going Maintenance and Support Services shall commence upon Final Acceptance and shall remain in effect for up to five (5) successive one (1) year periods, to be renewed annually in the City’s sole discretion.

4.2.3.3 Project Services. The term of this Agreement, as relates to the Project Services, shall commence on the Effective Date and shall terminate on the date of Final Acceptance. Notwithstanding the foregoing, the indemnification and warranty provisions of this Agreement shall remain in full force and effect as to such Services.

4.3 Responsibilities of Vendor.

4.3.1 Control and Payment of Subordinates; Independent Contractor.

The Project Deliverables and Services shall be provided by Vendor or under its supervision. Vendor will determine the means, methods and details of performing Project subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Vendor shall also not be Packet Page. 246
5 employees of City and shall at all times be under Vendor’s exclusive direction and control.

Vendor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

4.3.2 Schedule of Services. Vendor shall perform the Project Services expeditiously, within the terms of this Agreement, and in accordance with the Project Plan, attached hereto as Exhibit “D” and incorporated herein by this reference. Vendor shall perform the On-Going Maintenance and Support Services in accordance with the schedule therefore included in Exhibit “G”. Vendor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Vendor’s conformance with the foregoing schedules, City shall respond to Vendor’s submittals in a timely manner.

4.3.3 Conformance to Applicable Requirements. All work prepared and Services performed by Vendor shall be subject to the approval of City.

4.3.4 Warranty. Vendor warrants that the Application Software shall perform as proposed and represented in Exhibit “B”. In addition, Vendor represents and warrants that, at Final Acceptance, the Application Software shall perform all of the functions specified in Exhibit “B”.

4.3.5 Substitution of Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement.

Should one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Vendor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Vendor at the request of the City. The key personnel for performance of this Agreement are as follows: Michelle Shauer – Project Manager, Scott Riley Lead Systems Engineer, Nick De Calonne Senior Systems Engineer, and Jigar Meath, Systems Engineer.

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

4.3.7 Standard of Care; Performance of Employees. Vendor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all Packet Page. 247
6 employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Vendor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project or from the provision of On-Going Maintenance and Support Services by the Vendor and shall not be re-employed to perform any of the Services or to work on the Project.

4.3.8 Regulatory Compliance. Vendor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project and the On-Going Maintenance and Support Services, including all federal and state requirements, and shall give all notices required by law. Any and all Application Software provided under this Agreement shall be compliance with all relevant federal and state laws and regulations including, but not limited to IRS, Social Security, Federal Trade Commission, Homeland Security, California Public Employees Retirement System (CalPERS), and California Franchise Tax Board.

Vendor shall be liable for all violations of such laws and regulations in connection with delivery of Products and Services under this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom.

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

4.3.9 Additional Provisions Related to On-going Maintenance and Support Services.

4.3.9.1 Defect Remediation. Vendor shall correct any reported Defects in a timely manner. Defects that result in the City’s inability to conduct its normal business operations may incur financial penalties as further described below.

4.3.9.2 Penalties. If Vendor cannot resolve the problem of a reported Defect within 48 hours, the Vendor shall pay the City $500 per day (24 hours) until the Defect is remedied and the City is able to resume its normal business operations.

4.3.9.3 Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software Packet Page. 248
7 manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties.

4.4 Party Representatives.

4.4.1 City’s Representative. The City hereby designates Rolland Kornblau, Director of Technology, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

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

4.5 Insurance.

4.5.1.1 Time for Compliance. Vendor shall not commence the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Vendor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

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

4.5.1.3 Commercial General Liability
(A) The Vendor shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein, Packet Page. 249
8 Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(B) Coverage for Commercial General Liability
insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (C) Commercial General Liability Insurance must
include coverage for the following:
(a) Bodily Injury and Property Damage
(b) Personal Injury/Advertising Injury
(c) Premises/Operations Liability
(d) Products/Completed Operations Liability
(e) Aggregate Limits that Apply per Project
(f) Explosion, Collapse and Underground
(UCX) exclusion deleted
(g) Contractual Liability with respect to this
Contract\
(h) Broad Form Property Damage
(i) Independent Vendors Coverage
(D) 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. (E) 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.
(F) 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.

4.5.1.4 Automobile Liability.

Packet Page. 250
9 (A) At all times during the performance of the work
under this Agreement, the Vendor shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (B) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(C) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.
(D) Subject to written approval by the City, the
automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.

4.5.1.5 Workers’ Compensation/Employer’s Liability.
(A) Vendor certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(B) To the extent Vendor has employees at any time
during the term of this Agreement, at all times during the performance of the work under this Agreement, the Vendor 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. Vendor shall require all subvendors 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.

4.5.1.6 Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement the Vendor 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 Vendor. “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.

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10 4.5.1.7 Privacy/Network Security (Cyber). At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for:
(1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.

4.5.1.8 Minimum Policy Limits Required.
(A) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence limit
(B) Defense costs shall be payable in addition to the
limits.
(C) Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.

4.5.1.9 Evidence Required. Prior to execution of the Agreement, the Vendor 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.

4.5.1.10 Policy Provisions Required.

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11 (A) Vendor shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Vendor 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 Vendor shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (B) The Commercial General Liability Policy and
Automobile Policy shall each contain a provision stating that Vendor’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (C) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Vendor shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Vendor shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (D) All required insurance coverages, except for the
professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subvendors. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Vendor from liability in excess of such coverage, nor shall it limit the Vendor’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.

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

4.5.1.12 Additional Insurance Provisions.

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12 (A) The foregoing requirements as to the types and
limits of insurance coverage to be maintained by Vendor, 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 Vendor pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Vendor or City will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, City may cancel this Agreement. (C) The City may require the Vendor to provide
complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor the City Council, nor any
member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

4.5.1.13 Subvendor Insurance Requirements. Vendor shall not allow any subcontractors or subvendors 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 subvendors 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 Vendor, City may approve different scopes or minimum limits of insurance for particular subcontractors or subvendors.

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

4.6 Responsibilities of City.

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13 (a) City personnel upon reasonable request of Vendor to answer questions and advise Vendor on City's facilities, operations and requirements.
(b) Input data in accordance with the agreed upon test and Acceptance procedures for use by the Vendor in Acceptance Testing.
(c) Conversion format and procedures that the Vendor shall complete at its expense.
(d) Upon completion of Installation and preliminary training, and following Final Acceptance, City shall be responsible for the operation and management of the System, exclusive of
hardware maintenance and/or On-going Maintenance and
Support Services, which shall be the responsibility of Vendor.

4.7 Fees and Payments.

4.7.1 Compensation for Project Services. The Parties agree that the payment schedule is a performance based payment schedule. Vendor shall receive compensation, including authorized reimbursements, for all Project Services and License Agreements rendered under this Agreement at the rates and in accordance with the compensation schedule set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation for Project Services shall not exceed One hundred fifty thousand eighty-four dollars and thirty-five cents. ($150,084.35) without written approval of City’s Representative.

4.7.2 Compensation for On-going Maintenance and Support Services.

Vendor shall receive compensation, including authorized reimbursements, for all Ongoing Maintenance and Support Services rendered under this Agreement at the rates set forth in Exhibit “C”. Notwithstanding any other provision of this Agreement, the Parties agree that payment for the first year of On-going Maintenance and Support Services shall be covered under the warranty for the System, included as part of the payment specified in Section 4.7.1 above, and no additional payment by the City shall be made for such services.

4.7.3 Process for Payment of Compensation; Itemized Statements.

Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor. The statement shall describe the nature and amount of Services provided; and shall clearly reflect charges against the items described in the “Compensation” set forth in Exhibit “C” since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Statements not in conformance with the foregoing, or statements containing questions or ambiguities, shall be returned to the Vendor for correction. City shall, within Packet Page. 255
14 forty-five (45) days of receiving a statement in conformance with the requirements contained herein, review the statement and process for payment all approved and undisputed charges thereon.

4.7.4 Partial Delivery. In the event that the Vendor fails to deliver all of the Application Software elements and Services included in the Project Deliverables, the City, at its sole option, may determine the value of the missing elements and withhold that amount from any payment due to Vendor. Alternatively, or in addition, as required to cover the value of the missing elements, Vendor shall submit to the City a cashier’s check for said amount and present it to the City, to be held as a “Project Bond” until the missing elements have been satisfactorily delivered and Accepted. Upon Acceptance of the missing elements, the City shall return the cashier’s check along with any withheld payment amounts, as applicable. If the Vendor fails to satisfactorily deliver the missing elements, the City may cash the cashier’s check and use the withheld monies to complete the outstanding deliverables with its own forces, or through any other available vendor or consultant.

4.7.5 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless included in Exhibit “C”, Exhibit “D”, or authorized in writing and in advance by City.

4.7.6 Modification of Scope. The City may, at any time, request a modification to the Project, or the Statement of Work for the Project Services or the Ongoing Maintenance and Support Services by submitting written notice to Vendor specifying the desired modifications. Vendor shall provide a written quote for the increased, changed or decreased Services within five (5) working days of receipt of City’s written request. Vendor shall suspend any Services following receipt of the City’s written request until final written agreement is reached on the requested modification. The Parties shall then negotiate in good faith any increased or decreased charges related to the requested modification. No request for modification shall be effective until a final agreement between the Parties has been reached, and either a written amendment to this Agreement, or a change order is executed by both Parties. No oral request for modification of Services shall be binding on either Party.

4.7.7 Discounts. Vendor shall identify applicable discounts and discount time periods from published list prices for any future Application Software or additional copies of purchased Application Software. Should any discounts be announced that would normally apply to the City following the initial submission of the response, but before the Agreement is signed, the City reserves the right to take the lesser of the proposed prices or the discounted price.

4.8 Accounting Records.

4.8.1 Maintenance and Inspection. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make Packet Page. 256
15 transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

4.9 General Provisions.

4.9.1 Termination of Agreement.

4.9.1.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services which have been adequately rendered to City, and Vendor shall be entitled to no further compensation.

Vendor may not terminate this Agreement except for cause.

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

4.9.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

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

City
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Rolland Kornblah
Vendor
SIDEPATH INC.
22892 Mill Creek Drive
Laguna Hills CA. 92653
Attn: Krunal Patel
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

4.9.3 Ownership of Materials and Confidentiality.

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16 4.9.3.1 Documents & Data; Licensing of Intellectual Property.

Excluding materials and data already owned by the Vendor prior to this Agreement, this Agreement creates a non-exclusive, irrevocable, and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, software programming, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on digital media, including, without limitation, any Computer Aided Design and Drafting (“CADD”) data, which are prepared or caused to be prepared by Vendor under this Agreement (“Documents & Data”). Vendor shall require all subcontractors to agree in writing that City is granted a non-exclusive, irrevocable, and perpetual license for any Documents & Data, and Custom Software solutions the subcontractor prepares under this Agreement. Vendor represents and warrants that Vendor has the legal right to license any and all Documents & Data. Vendor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Vendor or provided to Vendor by the City. City shall not be limited in any way in its use of the Documents & Data or Custom Software at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. Any CADD data delivered to City shall not include the professional stamp or signature of an engineer, architect, or any other licensed professional, but shall be followed with a hard copy with such stamp or signature.

4.9.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Vendor in connection with the performance of this Agreement shall be held confidential by Vendor. Such materials shall not, without the prior written consent of City, be used by Vendor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Vendor which is otherwise known to Vendor or is generally known, or has become known, to the related industry shall be deemed confidential. Vendor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

4.9.3.3 Intellectual Property Indemnification. Vendor shall defend, indemnify, and hold harmless City, officials, officers, employees, volunteers and agents against any and all claims against City based upon allegations that Vendor has wrongfully utilized Intellectual Property of others in performing work pursuant to this Agreement or that City has wrongfully used Intellectual Property developed by Vendor pursuant to this Agreement.

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

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17 4.9.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

4.9.6 Indemnification. To the extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of Vendor, its officials, officers, employees, agents, Vendors and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses. Vendor shall defend, at Vendor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Vendor shall pay and satisfy any such judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Vendor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers

4.9.7 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. If there are any conflicts in language in referenced or related agreements, the language in this Agreement shall prevail. Exhibits to this Agreement will include (if not provided for in the main Agreement) the following:

Exhibit A – Statement of Work
Exhibit B – Project Deliverables
Exhibit C – Compensation
Exhibit D – Project Plan
Exhibit E – Escrow Agreement
Exhibit F – Software License Agreement(s)
Exhibit G – Scope of Ongoing Maintenance
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18 4.9.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

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

4.9.10 City’s Right to Employ Other Vendors. City reserves the right to employ other Vendors in connection with this Project.

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

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

4.9.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Vendor include all personnel, employees, agents, and subcontractors of Vendor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

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

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

4.9.18 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide agent of the Packet Page. 260
19 Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, 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 member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

4.10 Subcontracting.

4.10.1 Prior Approval Required. Vendor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

4.11 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.

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20 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND SIDEPATH INC.

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

LICENSOR

CITY OF SAN BERNARDINO
APPROVED BY:

Charles A. Montoya
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

LICENSEE
SIDEPATH INC.

Signature
Name
Title
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21 EXHIBIT A
EXHIBIT “A”

STATEMENT OF WORK
Services provided shall include all requirements specified in the Project Bid.

This service provides for the installation of a Data Domain appliance and up to four shelves into your backup environment. Services include racking new equipment, upgrade of the appliance operating system, and installation of purchased licenses and features.

DellEMC | Data Domain Base Implementation
This service provides for the installation of a Data Domain appliance and up to four shelves into your backup environment. Services include racking new equipment, upgrade of the appliance operating system, and installation of purchased licenses and features. Services excluded, but available via alternative offerings, Cloud Tier and Cloud DR.

Project In-Scope Components
This service provides for:

Installation of a single Data Domain appliance
Addition of up to four (4) storage expansion shelves
Integration with up to Two (2) existing storage network switches Upgrade and configuration of Data Domain appliance
Tasks
Inventory equipment, unpack, and rack.

Install interconnect cables, label, and tie-in with cable management system Configure networking and attach to the customer Management, ISCSI and/or Fibre Channel networks
Complete Data Domain Configuration
Verify component firmware is at target levels Perform Health Check Packet Page. 263
22 EXHIBIT A
Configure purchased software licenses as needed Integrate filesystem with add on shelves
Configure access of up to five CIFS or NFS shares Validate array registration
Configure Cache Tier
Connect appliance to EMC Remote support via ESRS
Operational Test & Validation
Test Controller failover w/ mounted volumes Configure/Test Phone Home and Email Alerts
Documentation & Knowledge Transfer
Conduct a brief knowledge transfer and review of installed components – up to four (4) hours
Deliver As-Built guide
Solution Assumptions
Services will be performed at a single customer location Some pre-planning and preparation tasks may be conducted offsite Customer is expected to provide adequate access to facilities and resources as reasonably required for Sidepath to complete this project
Formal Project Management services, such as maintaining a project plan, and managing external resources, are not included in this scope of work Customer is responsible for ensuring proper licenses have been secured for all software to be integrated by Sidepath
Customer is responsible for ensuring a full system backup has completed prior to scheduled service delivery. Sidepath is not responsible for loss of data Fixed Fee Service Schedule and Duration
Services are provided as a Fixed Fee and will be invoiced upon receipt of a customer Purchase Order for these service
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23 EXHIBIT A
Services will be scheduled according to a mutually agreeable start date upon receipt of a customer Purchase Order for these services
Changes or additions to tasks, quantities, and other elements described in this Service Brief may require a custom Statement of Work
Additional Services Offered by Sidepath
Servers and Storage Disk Based Backup
Telecommunications WAN
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24 EXHIBIT B
EXHIBIT “B”

PROJECT DELIVERABLES
A single Data Domain appliance Addition of up to four (4) storage expansion shelves Integration with up to Two (2) existing storage network switches Upgrade and configuration of Data Domain appliance
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25 EXHIBIT C
EXHIBIT “C”

COMPENSATION
Services are provided as a Fixed Fee and will be invoiced upon receipt of a customer Purchase Order for these service Services will be scheduled according to a mutually agreeable start date upon receipt of a customer Purchase Order for these services Changes or additions to tasks, quantities, and other elements.

Total Compensation: $143,193.92
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26 EXHIBIT D
EXHIBIT “D”

PROJECT PLAN
Intentionally left blank
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27 EXHIBIT E
EXHIBIT “E”

ESCROW AGREEMENT
Intentionally left blank
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28 EXHIBIT F
EXHIBIT “F”

SOFTWARE LICENSE AGREEMENTS
This will include all related software license agreements for the Application Software and Platform Software, if applicable.

1. License in Perpetuity. The license to use all the Application Software shall be irrevocable and in perpetuity and shall not require an annual license fee for continued use after the initial warranty period, and shall survive any termination of this Agreement or the provision of On-going Maintenance and Support Services.

2. Right to Grant License; Remedies for Breach. Vendor represents and warrants to City that Vendor is the owner of the Application Software, or otherwise has the right to grant to City the rights to use of the Application Software. In the event of any breach or threatened breach of the foregoing representation and warranty, City may, at its sole discretion, require Vendor to: i) procure, at Vendor's expense, the right to use the Application Software, ii) replace the Application Software or any part thereof that is in breach and replace it with software of comparable functionality, as determined by the City, that does not cause any breach, or iii) refund to City the full amount paid by the City for the Project upon the return of the Application Software and all copies thereof to Vendor.

3. Application Software Licensing Provisions

3.1 Disabling Code. The Vendor stipulates that there is no disabling code contained in the Application Software that would render the System unusable if certain events or actions do not occur.

3.2 Backup/Disaster Recovery. The City shall have the rights to install the Application Software on a backup/disaster recovery computer environment for the purposes of dynamic or static replication at a hotsite or backup data center. In the event the primary data center at which the Application Software is hosted is inoperable or otherwise unavailable, the City may use the backup version without additional licensing or other charges until the primary site is available again.

3.3 Development and Test Environments. The City shall be entitled to install and configure the Application Software on additional computing environments (servers, hosts, clients) for the purpose of development and/or testing.

4. Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which Packet Page. 270
29 EXHIBIT F
shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties.

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30 EXHIBIT G
EXHIBIT “G”

SCOPE OF ONGOING-MAINTENANCE
Intentionally left blank
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REQUEST FOR PROPOSALS
FOR

CITY OF SAN BERNARDINO
FOR
RFP-F-23-72

BACKUP STORAGE REPLACEMENT

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
https://www.ci.san-bernardino.ca.us/
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1 CITY OF SAN BERNARDINO
NOTICE INVITING PROPOSALS, RFP NO. RFP F-23-72

BACKUP STORAGE REPLACEMENT
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“Planetbids”) until 3:00 p.m., on October 18, 2023. Proposals may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Proposals received through any means other than Planetbids will be returned to the Vendor unopened.

The City is requesting proposals to provide: BACKUP STORAGE REPLACEMENT The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s INFORMATION TECHNOLOGY DEPARTMENT upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the City’s web site, https://www.ci.san-bernardino.ca.us/. All addenda will be published on the City’s website.

For more information regarding the RFP, please contact:

City of San Bernardino, Purchasing Division
[email protected]
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2 CITY OF SAN BERNARDINO

REQUEST FOR PROPOSALS

BACKUP STORAGE REPLACEMENT
I. BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms1 (“Proposers”) for BACKUP STORAGE REPLACEMENT services (“Services”).

To serve and promote the welfare of its residents, the City intends to procure the Services, as described below.

II. REQUEST FOR PROPOSALS
A. Scope of Services
The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in Exhibit “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit “A”, the final scope of Services negotiated between City and the successful Proposer shall be set forth in the PROFESSIONAL SOFTWARE SERVICE (“Agreement”) executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference.

1. Public Works Prevailing Wage and Contractor Registration Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations.

Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/.

In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s INFORMATION TECHNOLOGY DEPARTMENT upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
1 Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

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3 B. City Contact for this RFP
The principal contact for the City regarding this RFP will be Michelle Parra, Buyer for the Purchasing Division, [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Proposer.

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and directed to the City Contact for this RFP, identified above.

All written questions, if answered, will be issued to all prospective proposers via e-mail notification from Planetbids. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be submitted to Planetbids by Wednesday, September 27, 2023, by 3:00 p.m. local time on the date identified in the Proposal Schedule. Each Proposer is responsible for ensuring that it has received all addenda, clarifications, supplemental information and responses to questions prior to submitting a proposal.

D. Pre-Proposal Meeting
Each Proposer is requested to attend a mandatory pre-proposal meeting to be held on Wednesday, September 20, 2023, from 9:30 a.m. to10:30 a.m. via Microsoft Teams. Failure to attend this meeting WILL preclude a Proposer from submitting a proposal. Attendance at the pre-proposal meeting will ensure the Proposer understands the full scope of the Services requested.

E. Content and Format of Proposal
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall include one (1) electronic proposal submitted to Planetbids. Proposals shall be organized, tabbed, and numbered in the order presented below.

Proposals must include page numbers for all pages in the proposal.

Proposals shall be in the following order and shall include:

1. Executive Summary: (limit: 1 page) Summarize the content of your proposal in a clear and concise manner.

2. Table of Contents: (limit: 1 page)

3. Identification of Proposer: (limit: 1 page)
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).
c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”
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4 d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. California Business License Number

4. Staffing Resources: (limit: 2 pages)
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
(ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.
(iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working directly with the City.
b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time.

5. Fiscal Stability: (limit: 4 pages) - not including supporting documentation) a. The Proposer should provide evidence of corporate stability including:
(i) A current report from any commercial credit rating service such as Dunn and Bradstreet or Experian; or
(ii) A letter from a financial institution stating a current line of credit; and
(iii) Latest audited financial statement and/or annual report that has been certified by a CPA. This information will remain confidential and is not subject to public disclosure.

6. Experience and Technical Competence: (limit: 3 pages) a. Experience
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5 (i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.
(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of
Services for public clients.
(iv) Provide three (3) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2)
project size and description, if applicable, and description of services.
(v) Describe the Proposer’s local experience and knowledge of City.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include:
(a) Role of the firm
(b) Dollar value of the services
(c) Dollar value of the fee
(d) Description of services
(e) Staffing
(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone
number, fax number and e-mail address for each
project.
(ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional
services agreement once selected.

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6 (b) Withdrawal of a proposal as a result of an error. (c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration or mediation.

Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal
rigging, collusion, or restrictive competition between
bidders or proposers, or conviction of violating any
other federal or state law related to bidding or
professional services performance. Knowing
concealment of any deficiency in the performance of
a prior contract.
(f) Falsification of information or submission of
deceptive or fraudulent statements in connection
with a contract.
(g) Willful disregard for applicable rules, laws or
regulations.

Information regarding any of the above may, at the
sole discretion of the City, be deemed to indicate an
unsatisfactory record of performance.
c. Technical Competence
(i) Description of in-house resources (i.e., computer
capabilities, software applications, modem protocol,
modeling programs, etc.)
(ii) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.

7. Proposed Method to Accomplish the Work: (limit: 2 pages) Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

8. Fee Proposal: (limit: 4 pages) Please provide a unit cost fee proposal for the scope of Services. (as such term is defined in the proposed Agreement attached hereto as Exhibit “B”). Fee proposal shall be uploaded separately to Planetbids under the “Cost File” tab.

9. Certificate of Insurance: (limit: 2 pages) - not including supporting documentation) See the Agreement, attached hereto as Exhibit “B”, for a description of the Packet Page. 279
7 insurance requirements. Proposers shall provide a copy of their Certificate of Insurance showing that their insurance meets the requirements of the City.

10. Litigation: (limit: 2 pages) Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years.

11. Other Information: (limit: 2 pages) This section shall contain all other pertinent information regarding the following:
a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.
b. Description of community involvement.
c. Description of any previous involvement with the City. d. A statement that the Proposer has not conflicts of interest in connection with providing the Services.

12. Certification of Proposal: This section shall state:
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”

13. Appendices: (limit: 2 pages)
F. No Deviations from the RFP
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein. If the proposer does not take any exceptions or deviations from the terms and conditions indicated in the agreement, then the proposer must indicate this information by making a statement within the proposal document.

G. Selection Process

1. The City will evaluate proposals based on the following criteria:
a. The Proposer is properly licensed to practice in the State of California.
b. The Proposer has no conflict of interest with regard to any other work performed by the firm for the City.
c. Clarity and conformance of proposal to the RFP.
d. Content of the proposal.
e. Proposer’s experience and performance.

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8 f. Team members’ experience and performance.
g. Fee proposal.
h. Comments by references.
i. Exceptions/Deviations to RFP/Agreement Template (Pass/Fail) j. Litigations (Pass/Fail)

2. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions.

3. It is the City’s intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Services. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made. The successful Proposer will be selected on the basis of information provided in the RFP, in-person presentations, and the results of the City’s research and investigation. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable Agreement with the selected Proposer. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired.

4. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement.

The City Council has the final authority to approve or reject the Agreement.

H. Protests

1. Protest Contents: Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the protest. Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy or this RFP is not in compliance with law. A protest must be filed in writing with the City (email is not acceptable) within five (5) business days after receipt of notification of the contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the contract award will be rejected by the City as invalid and the Proposer’s failure to timely file a protest shall waive the Proposer’s right to protest the contract award. The Proposer’s protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.

2. City Review: The City will review and evaluate the basis of the protest, provided that the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest.

Action by the City relative to the protest will be final and not subject to appeal or reconsideration.

The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole Packet Page. 281
9 and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

I. Proposal Schedule
The tentative schedule is as follows:

ACTION DATE
Release of Request for Proposal September 14, 2023
Pre-Proposal Meeting Location: Mandatory meeting via
Microsoft Teams, Wednesday, September 20, 2023,
from 9:30 a.m. to 10:30 a.m. Please confirm on or
before Tuesday, September 19, 2023, by 9:00 a.m. to
the [email protected] email. The Microsoft Teams
link will be sent to you by end of day Tuesday,
September 19, 2023.

September 20, 2023
Last Day to Submit Questions for Clarification
received by the City on or before Wednesday,
September 27, 2023, by 3:00pm
September 27, 2023
Clarifications Issued by City on or before Wednesday,
October 4, 2023, by 3:00pm
October 4, 2023
Deadline for Receipt of Proposals
submitted on or before Wednesday, October 18, 2023,
by 3:00pm
October 18, 2023
The above scheduled dates are tentative, and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described Professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.

J. Submittal Requirements

1. General: It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal.

All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The City reserves the right to request additional information which, in the City’s opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the Agreement.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.

Responses should emphasize the Proposer’s demonstrated capability to perform the Services.

Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be Packet Page. 282
10 forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal.

3. Site Examination: Proposers may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement.

4. Authorization: The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.

5. Confidentiality of Proposal: Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP shall become the exclusive property of the City and shall become public records under the California Public Records Act. Furthermore, the City shall have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information.

Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this procurement.

Submittal Instructions: Electronic PDF file format via Planetbids. Please allow time for system to process your proposal. The proposal must be received no later than 3:00pm local time, on or before Wednesday, October 18, 2023. The City shall not be responsible for proposals that are not received on time. The City will not be responsible for and will not accept late bids due to slow internet connections, or incomplete transmissions.

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11 K. General Conditions

1. Amendments to RFP: The City reserves the right to amend the RFP and issue to all Proposers an addendum.

2. Amendments to Proposals: Unless specifically requested by the City, no amendment, addendum or modification shall be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals.

3. Non-Responsive Proposals: A proposal may be considered nonresponsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

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

5. Cancellation of RFP: City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP.

6. Price Validity: Prices provided by Proposers in response to this RFP are valid for 120 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded.

7. No Commitment to Award: Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP.

8. Right to Negotiate and/or Reject Proposals: City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying public. The Proposers are encouraged to submit their best prices in their proposals, and City intends to negotiate only with the Proposer(s) whose proposal most closely meets City’s requirements at the lowest estimated cost. The Agreement, if any is awarded, shall go to the Proposer whose proposal best meets City’s requirements.

9. Non-Discrimination: The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract.

Publication Date of RFP: September 14, 2023
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Exhibit A

EXHIBIT A

SCOPE OF SERVICES
Introduction:

The City of San Bernardino is seeking proposals from qualified vendors to replace the two existing Data domain 3300's currently used for backups. The City currently houses one Data domain 3300 at City Hall and another at the Police Department. The replacements ideally should have at least double the existing storage capacity and should be able to replicate to each other. These devices should include features such as immutability and built-in ransomware protection, if possible. The City of San Bernardino is interested in receiving proposals from vendors who can use tools such as rvtools or live optics to analyze our current as well as future backup storage needs.

Objectives:

The objectives of this project are as follows:
• To purchase new storage devices replacing the existing data domain 3300's used for backups. • Must be compatible with Commvault backup software.
• Sized have at least double the existing storage capacity. • Ability to replicate data between the two storage units. • Include features such as immutability and built-in ransomware protection, if possible; encryption; deduplication. • 10 Gb fiber Ethernet capable
• Data retention of at least 6 months
• Expandable
Scope of Work:

Vendors are required to submit their proposals, which should include the following:
a) Detailed description of the proposed storage units
b) Capacity of the proposed storage units
c) Features of the proposed storage units
d) Does the storage device integrate with the cloud?
e) Explain the devices lifecycle management.
f) Cost of the proposed storage units, including any ongoing maintenance or support fees g) Implementation plan, including timelines and any additional resources required.

Bidders must acknowledge all requirements of scope of work, previous section, including all categories and sub-points.

Please Sign and Acknowledge Here: __________________________________________ _________________________________________________________________________ If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city
BIDDER’S RESPONSE:

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- 2 -

EXHIBIT B

CITY OF SAN BERNARDINO
[***INSERT AGREEMENT NAME***]

PROFESSIONAL SOFTWARE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]

1. PARTIES AND DATE.

This Agreement is made and entered into this ____ day of ___________, 2021 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (“Vendor”). Vendor is registered with the State of California and permitted to conduct the types of sales and business services included in this Agreement. City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a public agency of the State of California and is in need of professional software services for the following project:
[***INSERT DESCRIPTION***] (hereinafter referred to as “the Project”)

2.2 Vendor. Vendor desires to perform and assume responsibility for the provision of certain professional services including, but not limited to, software programming and on-going maintenance services as required by the City on the terms and conditions set forth in this Agreement. Vendor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***] projects to public agency clients, is licensed in the State of California, and is familiar with the computing environment of the City.

2.4 Project. City desires to engage Vendor to render such services for the [***INSERT NAME OF PROJECT***] project (“Project”) as set forth in this Agreement.

2.5 Hardware Specifications. The Parties acknowledge and agree that the City has or will be purchasing certain hardware necessary for the proper operation of the Packet Page. 286
3 System, defined below, in reliance on the recommendations and specifications to be provided by Vendor.

3. DEFINITIONS

3.1 Acceptance. The term Acceptance as used in this Agreement shall refer to a thirty (30) day period following notification by the Vendor that the Application Software or any component or element thereof is ready for use. During this period, the City will test the System and if no Defects are reported, that component or element of the Application Software will be deemed Accepted. If Defects are reported, the Vendor will correct the Defect and a new Acceptance period will begin once the City has been notified by the Vendor.

3.8 License Agreement. The term License Agreement as used in this Agreement shall mean the license agreement(s) for the Application Software attached hereto as Exhibit “F”.

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4 3.9 On-going Maintenance and Support Services. The term On-going Maintenance and Support Services as used in this Agreement shall mean those Services required for on-going Application Software maintenance and support.

3.10 Platform Software. The term Platform Software shall mean all of the server and client operating systems, utilities, objects, database software, and any 3rd Party software necessary to operate the Application Software as required by this Agreement.

3.11 Project. The term Project as used in this Agreement shall refer to all of the materials, labor and Services required to deliver the System.

3.13 Project Services. The term Project Services as used in this Agreement shall mean those Services to be provided by Vendor in order to complete the Project, through Final Acceptance.

3.14 Services. The term Services as used in this Agreement shall mean, collectively, the Project Services and the On-going Maintenance and Support Services.

4. TERMS.

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5 4.2 Scope of Services and Term.

4.2.1 General Scope of Services. Vendor promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply [***INSERT TYPE OF PRODUCTS AND SERVICES***] necessary for the Project. The Project is more particularly described in Exhibit “A” (Statement of Work) attached hereto and incorporated herein by reference including definitions required for interpreting the services described. The Project shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

4.2.3 Term.

4.2.3.2 On-going Maintenance and Support Services. The
term of this Agreement as relates to the provision of On-going Maintenance and Support Services shall commence upon Final Acceptance and shall remain in effect for up to [***INSERT NUMBER***] (#) successive one (1) year periods, to be renewed annually in the City’s sole discretion.

4.3 Responsibilities of Vendor.

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6 4.3.1 Control and Payment of Subordinates; Independent Contractor.

The Project Deliverables and Services shall be provided by Vendor or under its supervision. Vendor will determine the means, methods and details of performing Project subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Vendor shall also not be employees of City and shall at all times be under Vendor’s exclusive direction and control.

4.3.2 Schedule of Services. Vendor shall perform the Project Services expeditiously, within the term of this Agreement, and in accordance with the Project Plan, attached hereto as Exhibit “D” and incorporated herein by this reference. Vendor shall perform the On-Going Maintenance and Support Services in accordance with the schedule therefore included in Exhibit “G”. Vendor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Vendor’s conformance with the foregoing schedules, City shall respond to Vendor’s submittals in a timely manner.

4.3.3 Conformance to Applicable Requirements. All work prepared and Services performed by Vendor shall be subject to the approval of City.

4.3.5 Substitution of Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement.

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

Packet Page. 290
7 4.3.7 Standard of Care; Performance of Employees. Vendor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Vendor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project or from the provision of On-Going Maintenance and Support Services by the Vendor and shall not be re-employed to perform any of the Services or to work on the Project.

4.3.9 Additional Provisions Related to On-going Maintenance and Support Services.

Packet Page. 291
8 4.3.9.2 Penalties. If Vendor cannot resolve the problem of a reported Defect within 48 hours, the Vendor shall pay the City $500 per day (24 hours) until the Defect is remedied and the City is able to resume its normal business operations.

4.3.9.3 Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties.

4.4 Party Representatives.

4.4.1 City’s Representative. The City hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

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

4.5 Insurance. [***INSURANCE COVERAGE TO BE REVIEWED BY RISK MANAGEMENT***]

4.5.1.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Vendor’s and its subvendors’ policies of commercial general liability and Packet Page. 292
9 automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

4.5.1.3 Commercial General Liability
(A) The Vendor shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(B) Coverage for Commercial General Liability
insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (C) Commercial General Liability Insurance must
include coverage for the following:
(a) Bodily Injury and Property Damage
(b) Personal Injury/Advertising Injury
(c) Premises/Operations Liability
(d) Products/Completed Operations Liability
(e) Aggregate Limits that Apply per Project
(f) Explosion, Collapse and Underground
(UCX) exclusion deleted
(g) Contractual Liability with respect to this
Contract\
(h) Broad Form Property Damage
(i) Independent Vendors Coverage
(D) 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. (E) 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.

Packet Page. 293
10 (F) 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.

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

4.5.1.6 Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement the Vendor 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 Packet Page. 294
11 Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Vendor. “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.

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

4.5.1.8 Minimum Policy Limits Required.
(A) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury,
and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence limit
(B) Defense costs shall be payable in addition to the
limits.
(C) Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.

4.5.1.9 Evidence Required. Prior to execution of the Agreement, the Vendor 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 Packet Page. 295
12 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.

4.5.1.10 Policy Provisions Required.
(A) Vendor shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Vendor 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 Vendor shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (B) The Commercial General Liability Policy and
Automobile Policy shall each contain a provision stating that Vendor’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (C) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Vendor shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Vendor shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (D) All required insurance coverages, except for the
professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subvendors. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Vendor from liability in excess of such coverage, nor shall it limit the Vendor’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.

4.5.1.11 Qualifying Insurers.
(A) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum Packet Page. 296
13 requirements: each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

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

4.6 Responsibilities of City.

Packet Page. 297
14 4.6.1 City Support of Vendor. City shall furnish to the Vendor priority access to the System for the period of time reasonably required by the Vendor for Installation, testing, training, diagnostics, etc. City shall provide the following resources for Vendor's use in fulfillment of this Agreement:
(a) City personnel upon reasonable request of Vendor to answer questions and advise Vendor on City's facilities, operations and requirements.
(b) Input data in accordance with the agreed upon test and Acceptance procedures for use by the Vendor in Acceptance Testing. (c) Conversion format and procedures that the Vendor shall complete at its expense.
(d) Upon completion of Installation and preliminary training, and following Final Acceptance, City shall be responsible for the operation and management of the System, exclusive of hardware maintenance and/or On-going Maintenance and Support Services, which shall be the responsibility of Vendor.

4.7 Fees and Payments.

4.7.1 Compensation for Project Services. The Parties agree that the payment schedule is a performance based payment schedule. Vendor shall receive compensation, including authorized reimbursements, for all Project Services and License Agreements rendered under this Agreement at the rates and in accordance with the compensation schedule set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation for Project Services shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) without written approval of City’s Representative.

4.7.2 Compensation for On-going Maintenance and Support Services.

4.7.3 Process for Payment of Compensation; Itemized Statements.

Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor. The statement shall describe the nature and amount of Services provided; and shall clearly reflect charges against the items described in the “Compensation” set forth in Exhibit “C” since the initial commencement date, or Packet Page. 298
15 since the start of the subsequent billing periods, as appropriate, through the date of the statement. Statements not in conformance with the foregoing, or statements containing questions or ambiguities, shall be returned to the Vendor for correction. City shall, within forty-five (45) days of receiving a statement in conformance with the requirements contained herein, review the statement and process for payment all approved and undisputed charges thereon.

4.7.5 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless included in Exhibit “C”, Exhibit “D”, or authorized in writing and in advance by City.

4.7.7 Discounts. Vendor shall identify applicable discounts and discount time periods from published list prices for any future Application Software or additional copies of purchased Application Software. [***TO BE ALTERED BASED ON PROCUREMENT PROCESS***] Should any discounts be announced that would normally apply to the City following the initial submission of the response, but before the Agreement is signed, the City reserves the right to take the lesser of the proposed prices or the discounted price.

4.8 Accounting Records.

Packet Page. 299
16 4.8.1 Maintenance and Inspection. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

4.9 General Provisions.

4.9.1 Termination of Agreement.

Vendor may not terminate this Agreement except for cause.

City
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT DEPARTMENT HEAD
TITLE OR “City Manager”***]
Vendor
[***INSERT NAME***]
[***INSERT ADDRESS***]
[***INSERT ADDRESS***]
Attn: [***INSERT NAME***]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice Packet Page. 300
17 occurred, regardless of the method of service.

4.9.3 Ownership of Materials and Confidentiality.

4.9.3.1 Documents & Data; Licensing of Intellectual Property.

Packet Page. 301
18 4.9.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

4.9.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

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

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

4.9.10 City’s Right to Employ Other Vendors. City reserves the right to employ other Vendors in connection with this Project.

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

4.9.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Vendor include all personnel, employees, agents, and subcontractors of Vendor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

Packet Page. 303
20 4.9.18 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide agent of the Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

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

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

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

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

4.10 Subcontracting.

Packet Page. 304
21 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

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

LICENSOR

CITY OF SAN BERNARDINO
APPROVED BY:

[***INSERT NAME***]
City Manager
ATTESTED BY:

[***INSERT NAME***]
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

LICENSEE
[***INSERT NAME***]

Signature

Name

Title
Packet Page. 305
22 EXHIBIT A
EXHIBIT “A”

STATEMENT OF WORK
Services provided shall include all requirements specified in the Project Bid. [***INSERT SERVICES***]
Packet Page. 306
23 EXHIBIT B
EXHIBIT “B”

PROJECT DELIVERABLES
This will be the list(s) of specific software features and functions requested. [***INSERT PROJECT DELIVERABLES***]
Packet Page. 307
24 EXHIBIT C
EXHIBIT “C”

COMPENSATION
[***INSERT RATES OF COMPENSATION***]
Packet Page. 308
25 EXHIBIT D
EXHIBIT “D”

PROJECT PLAN
[***INSERT SCHEDULE OF SERVICES***]
Packet Page. 309
26 EXHIBIT E
EXHIBIT “E”

ESCROW AGREEMENT
If applicable, this will include any Escrow Agreement for the management of source code associated with this Agreement. [***DELETE EXHIBIT IF ESCROW NOT USED***] Packet Page. 310
27 EXHIBIT F
EXHIBIT “F”

SOFTWARE LICENSE AGREEMENTS
This will include all related software license agreements for the Application Software and Platform Software, if applicable.

3. Application Software Licensing Provisions

3.1 Source Code Escrow. Source code licensed for use under this License Agreement shall be protected and maintained in a source code escrow account that is kept current with all software releases, technical and user documentation so that in the event the Vendor is unable to perform according to the terms of this License Agreement by reason of bankruptcy, acquisition, or termination of the line of business operations for any other reason, the City shall be entitled to all of the then current source code, technical and user documentation so that it may continue operational use of the Application Software without Vendor restrictions. [***DELETE IF ESCROW WILL NOT BE USED***]

3.2 Disabling Code. The Vendor stipulates that there is no disabling code contained in the Application Software that would render the System unusable if certain events or actions do not occur.

3.3 Backup/Disaster Recovery. The City shall have the rights to install the Application Software on a backup/disaster recovery computer environment for the purposes of dynamic or static replication at a hotsite or backup data center. In the event the primary data center at which the Application Software is hosted is inoperable or otherwise unavailable, the City may use the backup version without additional licensing or other charges until the primary site is available again.

3.4 Development and Test Environments. The City shall be entitled to install and configure the Application Software on additional computing environments (servers, hosts, clients) for the purpose of development and/or testing.

Packet Page. 311
28 EXHIBIT F

4. Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties.

Packet Page. 312
Exhibit B
EXHIBIT “G”

SCOPE OF ONGOING-MAINTENANCE
[***INSERT SCOPE OF ON-GOING MAINTENANCE SERVICES***]
Packet Page. 313
Exhibit C
[***OPTIONAL: IF FEDERAL FUNDS ARE INVOLVED, ATTACH FEDERAL FUNDING REQUIREMENTS - DELETE THIS EXHIBIT OTHERWISE***]

EXHIBIT C

FEDERAL REQUIREMENTS
[***INSERT APPLICABLE FEDERAL REQUIREMENTS – REQUIREMENTS WILL CHANGE BASED ON FUNDING SOURCE***]
Packet Page. 314

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Rolland Kornblau, Director of Technology
Department: Information Technology
Subject: Request for Purchase Authorization for Data Center Replacement (All Wards)
Recommendation:

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

Executive Summary
A purchase order in the amount not to exceed $466,000.00 to Sidepath, Inc. for hardware and support including a purchase order in the amount not to exceed $49,000.00 to Dell for Microsoft licensing. The equipment is necessary as it will replace end-of-life hardware. This project began with the replacement of Firewalls and Core Switches as approved in Resolution No. 2022-54. This project will replace the Data Center hardware and support.

Background
The Information Technology Department went out to RFP F-23-69 on Planet Bids closed on October 11, 2023, for a Data Center Replacement. The current hardware is Packet Page. 315
end-of-life with replacement needed at the City Hall and Public Safety offices.

Discussion
Information Technology is proposing to replace its Data Center with newer hardware, software, and support. Out of 4 submissions on Planet Bids, Sidepath returned the best price and features.
2021-2025 Strategic Targets and Goals
This project is aligned with Key Target No. 1: Improved Operational & Financial Capacity. Approval of this purchase will reduce the risk of potential outages of the network and improve the speed
Fiscal Impact
The General Fund impact is $466,000.00 to Sidepath, Inc. for hardware and support including a purchase order in the amount not to exceed $49,000.00 to Dell for Microsoft licensing is appropriated in the FY2023/24 budget. There is sufficient funding in the FY 2023/24 Operating Budget for this item.

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

Attachments
Attachment 1 – Data Center 3Yr Quote
Attachment 2 – Windows License Quote
Attachment 3 – Data Center PSA JAN24 2024A
Attachment 4 – RFP F-23-069 Data Center Replacement
Ward:

All Wards
Synopsis of Previous Council Actions:
n/a
Packet Page. 316
Quotation
22892 Mill Creek Drive Date: 01/26/24
Laguna Hills, CA 92653 Quotation #: SIDQ46089-01
Phone (949)748-8700; Fax (949)748-8706 www.sidepath.comValid Until: 02/26/24 Prepared By: Kristen Norem
Project ID: SIDPROJECT43108
Bill To: Ship To:

City of San Bernardino City of San Bernardino Attn: Glenn Cline Attn: Glenn Cline 201 North E Street 2nd Floor
San Bernardino, CA 92418
201 North E Street
2nd Floor
San Bernardino, CA 92418
Phone: (909) 384-5947 Phone: (909) 384-5947
Email: [email protected] Email: [email protected]
Qty Item Code Description Unit Price Ext. Price
No Replication - PD Servers
4 210-BEQQ PowerEdge R660 Server $1,057.40 $4,229.60
4 461-AAIG Trusted Platform Module 2.0 V3 $19.22 $76.88 4 321-BKFF 2.5" Chassis with up to 10 Hard Drives (SAS/SATA), PERC11, 1CPU $112.59 $450.36 4 338-CHSJ Intel Xeon Gold 6442Y 2.6G, 24C/48T, 16GT/s, 60M Cache, $1,039.51 $4,158.04 Turbo, HT (225W) DDR5-4800
4 374-BBBX No Additional Processor $0.00 $0.00
4 379-BFFD No HBM $0.00 $0.00
4 412-ABEH Heatsink for 1 CPU Configuration (CPU more than 185W and less $32.04 $128.16 than 250W)
4 370-AAIP Performance Optimized $0.00 $0.00
4 370-AHCL 4800MT/s RDIMMs $0.00 $0.00
4 780-BCDN RAID 1 $0.00 $0.00
4 405-AAZB PERC H755 SAS Front $640.40 $2,561.60
4 750-ADRI Front PERC Mechanical Parts, rear load $9.71 $38.84 4 384-BBBL Performance BIOS Settings $0.00 $0.00
4 800-BBDM UEFI BIOS Boot Mode with GPT Partition $0.00 $0.00 4 384-BCUJ 4 Very High Performance Fans for 2 CPU $56.11 $224.44 4 450-AKLF Dual, Redundant(1+1), Hot-Plug Power Supply,1100W $277.40 $1,109.60 MM(100-240Vac) Titanium
4 330-BBZB Riser Config 4, Low Profile, 2x8 LP Slots (Gen5) + 1x16 LP Slot $173.54 $694.16 (Gen4), 1CPU
4 329-BJJY Motherboard supports ONLY CPUs below 250W. Cannot upgrade $0.00 $0.00 to CPUs 250W and above
4 528-CTIC iDRAC9, Enterprise 16G $94.93 $379.72
4 528-CTZH OpenManage Enterprise Advanced Plus $96.87 $387.48 4 540-BCOC Broadcom 57414 Dual Port 10/25GbE SFP28, OCP NIC 3.0 $137.64 $550.56 If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - PD CH No Replication vmWare 3 Yr
Packet Page. Page 1 of 7317
Qty Item Code Description Unit Price Ext. Price
4 540-BDKD Broadcom 5720 Dual Port 1GbE Optional LOM $26.99 $107.96 4 325-BEUG PowerEdge 1U LCD Bezel $32.81 $131.24
4 350-BCKC Dell Luggage Tag $9.52 $38.08
4 403-BCID BOSS Blank $0.00 $0.00
4 350-BBXM No Quick Sync $0.00 $0.00
4 379-BCSG iDRAC,Legacy Password $0.00 $0.00
4 379-BCQX iDRAC Service Module (ISM), NOT Installed $0.00 $0.00 4 379-BCQY iDRAC Group Manager, Disabled $0.00 $0.00
4 611-BBBF No Operating System $0.00 $0.00
4 605-BBFN No Media Required $0.00 $0.00
4 770-BECD ReadyRails Sliding Rails Without Cable Management Arm or $28.93 $115.72 Strain Relief Bar
4 631-AACK No Systems Documentation, No OpenManage DVD Kit $0.00 $0.00 4 340-DBXZ PowerEdge R660 Shipping $9.52 $38.08
4 340-DBYC PowerEdge R660 Shipping Material, 10x2.5", 8x2.5" Smart Flow $19.22 $76.88 or 16xEDSFF
4 343-BBTT PowerEdge R660 CCC Marking, No CE Marking $0.00 $0.00 4 887-1028 ProSupport Mission Critical 7x24 Technical Support and $562.55 $2,250.20 Assistance 5 Years
4 887-1037 ProSupport Mission Critical 4-Hour 7x24 On-Site Service with $313.12 $1,252.48 Emergency Dispatch 3 Years
4 887-1039 ProSupport Mission Critical 4-Hour 7x24 On-Site Service with $653.40 $2,613.60 Emergency Dispatch 2 Years Extended
4 887-1076 Dell Hardware Limited Warranty Plus On-Site Service $48.34 $193.36 4 975-3462 Dell Limited Hardware Warranty Plus Service, Extended Year(s) $0.00 $0.00 4 989-3439 Thank you choosing Dell ProSupport. For tech support, visit $0.00 $0.00 //www.dell.com/support or call 1-800- 945-3355
4 825-8623 Certified Deployment Partner T1 or Distributors $0.00 $0.00 32 370-AGZR 64GB RDIMM, 4800MT/s Dual Rank $741.34 $23,722.88 8 400-AZUT 480GB SSD SATA Mix Use 6Gbps 5 12 2.5in Hot-plug AG Drive, 3 $210.98 $1,687.84 DWPD
8 492-BBDI C13 to C14, PDU Style, 12 AMP, 6.5 Feet (2m) Power Cord, North $4.27 $34.16 America SubTotal $47,251.92
No Replication - PD Switches
2 210-APHT Dell EMC S5224F-ON Switch, 24x 25GbE SFP28, 4x 100GbE $5,078.42 $10,156.84 QSFP28 ports, PSU to IO air, 2x PSU
2 343-BBLP Dell EMC S52XX-ON Series User Guide $0.96 $1.92 2 634-BRWJ OS10 Enterprise, S5224F-ON $840.64 $1,681.28 2 634-BYIJ OS10 SmartFabric Services $0.00 $0.00
2 818-4983 Dell Hardware Limited Warranty 1 Year $119.88 $239.76 If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - PD CH No Replication vmWare 3 Yr
Packet Page. Page 2 of 7318
Qty Item Code Description Unit Price Ext. Price
2 818-4992 Mission Critical Package: 4-Hour 7x24 On-Site Service with $123.00 $246.00 Emergency Dispatch, 1 Year
2 818-4994 Mission Critical Package: 4-Hour 7x24 On-Site Service with $636.41 $1,272.82 Emergency Dispatch, Extended to 4 Years
2 818-5006 ProSupport Mission Critical:7x24 HW/SW Technical Support and $1,985.36 $3,970.72 Assistance, 5 Years
2 975-3461 Dell Limited Hardware Warranty Extended Year(s) $0.00 $0.00 2 989-3439 Thank you choosing Dell ProSupport. For tech support, visit $0.00 $0.00 //www.dell.com/support or call 1-800- 945-3355
2 997-6306 Info 3rd Party Software Warranty provided by Vendor $0.00 $0.00 2 900-9997 On-Site Installation Declined $0.00 $0.00
2 848-8539 5 Years ProSupport OS10 Enterprise Software $294.22 $588.44 Support-Maintenance
2 470-ABOU Dell Networking Cable, 100GbE QSFP28 to QSFP28, Passive $74.48 $148.96 Copper Direct Attach Cable, 0.5 Meter
8 470-BBDC Dell Networking, Cable, SFP28 to SFP28, 25GbE,Passive Copper $27.62 $220.96 Twinax Direct Attach Cable,2 Meter
2 450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US $4.80 $9.60 2 450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US $4.80 $9.60 SubTotal $18,546.90
No Replication - PD PowerStore
1 210-BCZJ PowerStore 1200T Field Install $6,544.87 $6,544.87 1 370-AEZP 384GB Appliance DIMM 192GB Per Node $3,349.29 $3,349.29 1 528-BTZK PowerStore Base SW $0.00 $0.00
1 406-BBOO 25GBE OPTICAL 4 PORT CARD PAIR $560.74 $560.74 1 450-AIOM Dual 1800W (200-240V) Power Supply, includes C13/C14 Power $515.93 $515.93 Cords
1 343-BBTN PowerStore Base Enclosure Install Kit $0.00 $0.00 1 379-BDPD ISG Product (info) $0.00 $0.00
1 876-3332 Dell Hardware Limited Warranty $244.58 $244.58 1 876-3466 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with $1,128.40 $1,128.40 Emergency Dispatch 3 Years
1 876-3506 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with $1,547.79 $1,547.79 Emergency Dispatch 2 Years Extended
1 876-3569 ProSupport Mission Critical 7x24 Technical Support and $1,805.98 $1,805.98 Assistance 5 Years
1 975-3461 Dell Limited Hardware Warranty Extended Year(s) $0.00 $0.00 1 989-3439 Thank you choosing Dell ProSupport. For tech support, visit $0.00 $0.00 //www.dell.com/support or call 1-800- 945-3355
1 800-BBQV Informational Purposes Only $0.00 $0.00
1 825-8623 Certified Deployment Partner T1 or Distributors $0.00 $0.00 11 400-BGGP P1 25X2.5 NVME SED SSD 7.68TB $6,843.74 $75,281.14 1 400-BOBK PowerStore NVRAM FIPS QTY 2 $2,772.28 $2,772.28 If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - PD CH No Replication vmWare 3 Yr
Packet Page. Page 3 of 7319
Qty Item Code Description Unit Price Ext. Price
11 828-4838 ProSupport: Mission Critical 4-Hour 7x24 On-Site Medium $3,111.64 $34,228.04 Capacity SSD Add-On, 5 Years
1 210-ATXO AppSync for PowerStore $0.00 $0.00
1 900-9997 On-Site Installation Declined $0.00 $0.00
1 828-5768 ProSupport for AppSync Starter Pack Software Support Contract $0.00 $0.00 5 Years
1 528-BYHF AppSync Str Pk for PowerStore=CB $0.00 $0.00 1 828-5724 ProSupport for AppSync Starter Pack Software Support $0.00 $0.00 Maintenance 5 Years SubTotal $127,979.04
No Replication - City Hall Servers
4 210-BEQQ PowerEdge R660 Server $1,049.22 $4,196.88
4 461-AAIG Trusted Platform Module 2.0 V3 $19.07 $76.28 4 321-BKFF 2.5" Chassis with up to 10 Hard Drives (SAS/SATA), PERC11, 1CPU $111.71 $446.84 4 338-CHSJ Intel Xeon Gold 6442Y 2.6G, 24C/48T, 16GT/s, 60M Cache, $1,031.31 $4,125.24 Turbo, HT (225W) DDR5-4800
4 374-BBBX No Additional Processor $0.00 $0.00
4 379-BFFD No HBM $0.00 $0.00
4 412-ABEH Heatsink for 1 CPU Configuration (CPU more than 185W and less $31.78 $127.12 than 250W)
4 370-AAIP Performance Optimized $0.00 $0.00
4 370-AHCL 4800MT/s RDIMMs $0.00 $0.00
4 780-BCDN RAID 1 $0.00 $0.00
4 405-AAZB PERC H755 SAS Front $635.35 $2,541.40
4 750-ADRI Front PERC Mechanical Parts, rear load $9.62 $38.48 4 384-BBBL Performance BIOS Settings $0.00 $0.00
4 800-BBDM UEFI BIOS Boot Mode with GPT Partition $0.00 $0.00 4 384-BCUJ 4 Very High Performance Fans for 2 CPU $55.66 $222.64 4 450-AKLF Dual, Redundant(1+1), Hot-Plug Power Supply,1100W $275.21 $1,100.84 MM(100-240Vac) Titanium
4 330-BBZB Riser Config 4, Low Profile, 2x8 LP Slots (Gen5) + 1x16 LP Slot $172.18 $688.72 (Gen4), 1CPU
4 329-BJJY Motherboard supports ONLY CPUs below 250W. Cannot upgrade $0.00 $0.00 to CPUs 250W and above
4 528-CTIC iDRAC9, Enterprise 16G $94.18 $376.72
4 528-CTZH OpenManage Enterprise Advanced Plus $96.11 $384.44 4 540-BCOC Broadcom 57414 Dual Port 10/25GbE SFP28, OCP NIC 3.0 $136.54 $546.16 4 540-BDKD Broadcom 5720 Dual Port 1GbE Optional LOM $26.76 $107.04 4 325-BEUG PowerEdge 1U LCD Bezel $32.55 $130.20
4 350-BCKC Dell Luggage Tag $9.44 $37.76
4 403-BCID BOSS Blank $0.00 $0.00
4 350-BBXM No Quick Sync $0.00 $0.00
If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - PD CH No Replication vmWare 3 Yr
Packet Page. Page 4 of 7320
Qty Item Code Description Unit Price Ext. Price
4 379-BCSG iDRAC,Legacy Password $0.00 $0.00
4 379-BCQX iDRAC Service Module (ISM), NOT Installed $0.00 $0.00 4 379-BCQY iDRAC Group Manager, Disabled $0.00 $0.00
4 611-BBBF No Operating System $0.00 $0.00
4 605-BBFN No Media Required $0.00 $0.00
4 770-BECD ReadyRails Sliding Rails Without Cable Management Arm or $28.69 $114.76 Strain Relief Bar
4 631-AACK No Systems Documentation, No OpenManage DVD Kit $0.00 $0.00 4 340-DBXZ PowerEdge R660 Shipping $9.44 $37.76
4 340-DBYC PowerEdge R660 Shipping Material, 10x2.5", 8x2.5" Smart Flow $19.07 $76.28 or 16xEDSFF
4 343-BBTT PowerEdge R660 CCC Marking, No CE Marking $0.00 $0.00 4 887-1028 ProSupport Mission Critical 7x24 Technical Support and $558.12 $2,232.48 Assistance 5 Years
4 887-1037 ProSupport Mission Critical 4-Hour 7x24 On-Site Service with $310.65 $1,242.60 Emergency Dispatch 3 Years
4 887-1039 ProSupport Mission Critical 4-Hour 7x24 On-Site Service with $648.25 $2,593.00 Emergency Dispatch 2 Years Extended
4 887-1076 Dell Hardware Limited Warranty Plus On-Site Service $47.95 $191.80 4 975-3462 Dell Limited Hardware Warranty Plus Service, Extended Year(s) $0.00 $0.00 4 989-3439 Thank you choosing Dell ProSupport. For tech support, visit $0.00 $0.00 //www.dell.com/support or call 1-800- 945-3355
4 825-8623 Certified Deployment Partner T1 or Distributors $0.00 $0.00 32 370-AGZR 64GB RDIMM, 4800MT/s Dual Rank $735.49 $23,535.68 8 400-AZUT 480GB SSD SATA Mix Use 6Gbps 5 12 2.5in Hot-plug AG Drive, 3 $209.31 $1,674.48 DWPD
8 492-BBDI C13 to C14, PDU Style, 12 AMP, 6.5 Feet (2m) Power Cord, North $4.24 $33.92 America SubTotal $46,879.52
No Replication - City Hall Switches
2 210-APHT Dell EMC S5224F-ON Switch, 24x 25GbE SFP28, 4x 100GbE $5,078.42 $10,156.84 QSFP28 ports, PSU to IO air, 2x PSU
2 343-BBLP Dell EMC S52XX-ON Series User Guide $0.96 $1.92 2 634-BRWJ OS10 Enterprise, S5224F-ON $840.64 $1,681.28 2 634-BYIJ OS10 SmartFabric Services $0.00 $0.00
2 818-4983 Dell Hardware Limited Warranty 1 Year $119.88 $239.76 2 818-4992 Mission Critical Package: 4-Hour 7x24 On-Site Service with $123.00 $246.00 Emergency Dispatch, 1 Year
2 818-4994 Mission Critical Package: 4-Hour 7x24 On-Site Service with $636.41 $1,272.82 Emergency Dispatch, Extended to 4 Years
2 818-5006 ProSupport Mission Critical:7x24 HW/SW Technical Support and $1,985.36 $3,970.72 Assistance, 5 Years
2 975-3461 Dell Limited Hardware Warranty Extended Year(s) $0.00 $0.00 If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - PD CH No Replication vmWare 3 Yr
Packet Page. Page 5 of 7321
Qty Item Code Description Unit Price Ext. Price
2 989-3439 Thank you choosing Dell ProSupport. For tech support, visit $0.00 $0.00 //www.dell.com/support or call 1-800- 945-3355
2 997-6306 Info 3rd Party Software Warranty provided by Vendor $0.00 $0.00 2 900-9997 On-Site Installation Declined $0.00 $0.00
2 848-8539 5 Years ProSupport OS10 Enterprise Software $294.22 $588.44 Support-Maintenance
2 470-ABOU Dell Networking Cable, 100GbE QSFP28 to QSFP28, Passive $74.48 $148.96 Copper Direct Attach Cable, 0.5 Meter
8 470-BBDC Dell Networking, Cable, SFP28 to SFP28, 25GbE,Passive Copper $27.62 $220.96 Twinax Direct Attach Cable,2 Meter
2 450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US $4.80 $9.60 2 450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US $4.80 $9.60 SubTotal $18,546.90
No Replication - City Hall Storage
1 210-BCZJ PowerStore 1200T Field Install $6,906.80 $6,906.80 1 370-AEZP 384GB Appliance DIMM 192GB Per Node $3,534.59 $3,534.59 1 528-BTZK PowerStore Base SW $0.00 $0.00
1 406-BBOO 25GBE OPTICAL 4 PORT CARD PAIR $591.76 $591.76 1 450-AIOM Dual 1800W (200-240V) Power Supply, includes C13/C14 Power $544.47 $544.47 Cords
1 343-BBTN PowerStore Base Enclosure Install Kit $0.00 $0.00 1 379-BDPD ISG Product (info) $0.00 $0.00
1 876-3332 Dell Hardware Limited Warranty $258.12 $258.12 1 876-3466 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with $1,190.82 $1,190.82 Emergency Dispatch 3 Years
1 876-3506 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with $1,633.41 $1,633.41 Emergency Dispatch 2 Years Extended
1 876-3569 ProSupport Mission Critical 7x24 Technical Support and $1,905.88 $1,905.88 Assistance 5 Years
1 975-3461 Dell Limited Hardware Warranty Extended Year(s) $0.00 $0.00 1 989-3439 Thank you choosing Dell ProSupport. For tech support, visit $0.00 $0.00 //www.dell.com/support or call 1-800- 945-3355
1 800-BBQV Informational Purposes Only $0.00 $0.00
1 825-8623 Certified Deployment Partner T1 or Distributors $0.00 $0.00 11 400-BGGM P1 25X2.5 NVME SED SSD 3.84TB $3,892.94 $42,822.34 1 400-BOBK PowerStore NVRAM FIPS QTY 2 $2,925.65 $2,925.65 2 470-ADUC 2M PASSIVE 25G TWINAX CABLE QTY 2 $38.82 $77.64 11 828-4821 ProSupport: Mission Critical 4-Hour 7x24 On-Site Low Capacity $1,476.44 $16,240.84 SSD Add-On, 5 Years
1 210-ATXO AppSync for PowerStore $0.00 $0.00
1 900-9997 On-Site Installation Declined $0.00 $0.00
1 828-5768 ProSupport for AppSync Starter Pack Software Support Contract $0.00 $0.00 5 Years
If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - PD CH No Replication vmWare 3 Yr
Packet Page. Page 6 of 7322
Qty Item Code Description Unit Price Ext. Price
1 528-BYHF AppSync Str Pk for PowerStore=CB $0.00 $0.00 1 828-5724 ProSupport for AppSync Starter Pack Software Support $0.00 $0.00 Maintenance 5 Years SubTotal $78,632.32
VMware vSphere Foundation | 3 Yr
192 VSP-PL-TD-TL-3P-C-2 VMware vSphere Foundation - 3-Year Commit - Per Core $268.62 $51,575.04 SubTotal $51,575.04
APC Rack and PDU
1 A7267693 APC NetShelter SV - Rack cabinet - black - 42U - 19-inch $1,928.35 $1,928.35 2 A7284209 APC Metered Rack PDU AP8841 - 0U - 208V NEMA L6-30 Input / $710.58 $1,421.16 (36) C13 & (6) C19 Output
SubTotal $3,349.51
Professional Services and Installation
2 Custom Sidepath Professional Services. Sidepath will help you assess, $25,053.50 $50,107.00 plan, and execute a successful implementation of your new DellEMC Powerstore Array. This service offering will provide for the implementation of a Powerstore array with up to four (4) new storage enclosures. Services include racking new equipment, storage provisioning, and integration with network switches and servers. Integration is for up to two (2) supported storage network switches and up to three (3) supported servers. Service includes migration plan, knowledge transfer and documentation.

See acommpanying Statement of Work for full implmentation plan and detail. SubTotal $50,107.00
Payment Terms from Ship Date: Net 30
Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote. CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monitors, laptops or tablets. Product Total $442,868.15 Taxes $22,403.24
Shipping $0.00
Grand Total $465,271.39
Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions, which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request.

Please contact me if I can be of further assistance.

THANK YOU FOR YOUR BUSINESS!
Accepted by:_________________________________ Title:_______________________________ Date:___________ PO:_______________________ If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - PD CH No Replication vmWare 3 Yr
Packet Page. Page 7 of 7323
Sam Andrews
[email protected]
512.720.4469
Microsoft Enterprise Agreement (EA) #: (Select Plus TBD) Date of Issue: 1/24/2024 Customer: City of San Bernardino Quote Expires: 3/31/2024 Product Description Mfg# Quantity Months Unit Price Ext. Price Win Server DC Core 2022 SLng 2-core License (Microsoft Select Plus agmt) 9EA-01291 96 N/A $500.10 $48,009.60 Perpetual license of Windows 2022 Datacenter, no maintenance (SA) Qty 96 = 192 cores (licensing for 8 servers with 24 cores each) Total Payment $48,009.60
Notes: $48,009.60
We will set you up with a Microsoft Select Plus enrollment with no purchase commitments Notes:

Quote prepared by: Chris A Johnson
Perpetual Licenses
Packet Page. 324
- 1 -

PROFESSIONAL SOFTWARE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND SIDEPATH INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this 1st day of March 2024 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and SIDEPATH INC, a Corporation with its principal place of business at 22892 Mill Creek Drive, Laguna Hills, CA 92653 (“Vendor”). Vendor is registered with the State of California and permitted to conduct the types of sales and business services included in this Agreement. City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

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

BACKUP STORAGE REPLACEMENT (hereinafter referred to as “the Project”)

2.4 Project. City desires to engage Vendor to render such services for the BACKUP STORAGE REPLACEMENT (“Project”) as set forth in this Agreement.

3. DEFINITIONS
Packet Page. 325
2 3.1 Acceptance. The term Acceptance as used in this Agreement shall refer to a thirty (30) day period following notification by the Vendor that the Application Software or any component or element thereof is ready for use. During this period, the City will test the System and if no Defects are reported, that component or element of the Application Software will be deemed Accepted. If Defects are reported, the Vendor will correct the Defect and a new Acceptance period will begin once the City has been notified by the Vendor.

3.8 License Agreement. The term License Agreement as used in this Agreement shall mean the license agreement(s) for the Application Software attached hereto as Exhibit “F”.

Packet Page. 326
3 3.10 Platform Software. The term Platform Software shall mean all of the server and client operating systems, utilities, objects, database software, and any 3rd Party software necessary to operate the Application Software as required by this Agreement.

3.11 Project. The term Project as used in this Agreement shall refer to all of the materials, labor and Services required to deliver the System.

3.13 Project Services. The term Project Services as used in this Agreement shall mean those Services to be provided by Vendor in order to complete the Project, through Final Acceptance.

3.14 Services. The term Services as used in this Agreement shall mean, collectively, the Project Services and the On-going Maintenance and Support Services.

4. TERMS.

4.2 Scope of Services and Term.

4.2.1 General Scope of Services. Vendor promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, Packet Page. 327
4 materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply Hardware and Professional Software Services necessary for the Project. The Project is more particularly described in Exhibit “A” (Statement of Work) attached hereto and incorporated herein by reference including definitions required for interpreting the services described. The Project shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

4.2.3 Term.

4.3 Responsibilities of Vendor.

4.3.1 Control and Payment of Subordinates; Independent Contractor.

The Project Deliverables and Services shall be provided by Vendor or under its supervision. Vendor will determine the means, methods and details of performing Project subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Vendor shall also not be Packet Page. 328
5 employees of City and shall at all times be under Vendor’s exclusive direction and control.

4.3.3 Conformance to Applicable Requirements. All work prepared and Services performed by Vendor shall be subject to the approval of City.

4.3.5 Substitution of Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement.

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

4.3.7 Standard of Care; Performance of Employees. Vendor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all Packet Page. 329
6 employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Vendor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project or from the provision of On-Going Maintenance and Support Services by the Vendor and shall not be re-employed to perform any of the Services or to work on the Project.

4.3.9 Additional Provisions Related to On-going Maintenance and Support Services.

4.3.9.3 Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software Packet Page. 330
7 manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties.

4.4 Party Representatives.

4.4.1 City’s Representative. The City hereby designates Rolland Kornblau, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

4.5 Insurance.

Packet Page. 331
8 (B) Coverage for Commercial General Liability
insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (C) Commercial General Liability Insurance must
include coverage for the following:
(a) Bodily Injury and Property Damage
(b) Personal Injury/Advertising Injury
(c) Premises/Operations Liability
(d) Products/Completed Operations Liability
(e) Aggregate Limits that Apply per Project
(f) Explosion, Collapse and Underground
(UCX) exclusion deleted
(g) Contractual Liability with respect to this
Contract\
(h) Broad Form Property Damage
(i) Independent Vendors Coverage
(D) 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. (E) 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.
(F) 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.

Packet Page. 332
9 (B) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(C) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.
(D) Subject to written approval by the City, the
automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.

The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

Packet Page. 333
10 4.5.1.8 Minimum Policy Limits Required.
(A) The following insurance limits are required for the Agreement:

4.5.1.10 Policy Provisions Required.
(A) Vendor shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Vendor 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 Vendor shall deliver renewal Packet Page. 334
11 certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (B) The Commercial General Liability Policy and
Automobile Policy shall each contain a provision stating that Vendor’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (C) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Vendor shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Vendor shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (D) All required insurance coverages, except for the
professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subvendors. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Vendor from liability in excess of such coverage, nor shall it limit the Vendor’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.

4.5.1.12 Additional Insurance Provisions.
(A) The foregoing requirements as to the types and
limits of insurance coverage to be maintained by Vendor, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the Packet Page. 335
12 liabilities and obligations otherwise assumed by the Vendor pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Vendor or City will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, City may cancel this Agreement. (C) The City may require the Vendor to provide
complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor the City Council, nor any
member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

4.6 Responsibilities of City.

4.6.1 City Support of Vendor. City shall furnish to the Vendor priority access to the System for the period of time reasonably required by the Vendor for Installation, testing, training, diagnostics, etc. City shall provide the following resources for Vendor's use in fulfillment of this Agreement:
(a) City personnel upon reasonable request of Vendor to answer questions and advise Vendor on City's facilities, operations and requirements.

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13 (b) Input data in accordance with the agreed upon test and Acceptance procedures for use by the Vendor in Acceptance Testing.
(c) Conversion format and procedures that the Vendor shall complete at its expense.
(d) Upon completion of Installation and preliminary training, and following Final Acceptance, City shall be responsible for the operation and management of the System, exclusive of
hardware maintenance and/or On-going Maintenance and
Support Services, which shall be the responsibility of Vendor.

4.7 Fees and Payments.

4.7.1 Compensation for Project Services. The Parties agree that the payment schedule is a performance based payment schedule. Vendor shall receive compensation, including authorized reimbursements, for all Project Services and License Agreements rendered under this Agreement at the rates and in accordance with the compensation schedule set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation for Project Services shall not exceed Four hundred thousand ten dollars and sixty one cents. ($400,010.61) without written approval of City’s Representative.

4.7.2 Compensation for On-going Maintenance and Support Services.

4.7.3 Process for Payment of Compensation; Itemized Statements.

Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor. The statement shall describe the nature and amount of Services provided; and shall clearly reflect charges against the items described in the “Compensation” set forth in Exhibit “C” since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Statements not in conformance with the foregoing, or statements containing questions or ambiguities, shall be returned to the Vendor for correction. City shall, within forty-five (45) days of receiving a statement in conformance with the requirements contained herein, review the statement and process for payment all approved and undisputed charges thereon.

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14 4.7.4 Partial Delivery. In the event that the Vendor fails to deliver all of the Application Software elements and Services included in the Project Deliverables, the City, at its sole option, may determine the value of the missing elements and withhold that amount from any payment due to Vendor. Alternatively, or in addition, as required to cover the value of the missing elements, Vendor shall submit to the City a cashier’s check for said amount and present it to the City, to be held as a “Project Bond” until the missing elements have been satisfactorily delivered and Accepted. Upon Acceptance of the missing elements, the City shall return the cashier’s check along with any withheld payment amounts, as applicable. If the Vendor fails to satisfactorily deliver the missing elements, the City may cash the cashier’s check and use the withheld monies to complete the outstanding deliverables with its own forces, or through any other available vendor or consultant.

4.7.5 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless included in Exhibit “C”, Exhibit “D”, or authorized in writing and in advance by City.

4.8 Accounting Records.

4.8.1 Maintenance and Inspection. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

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15 4.9 General Provisions.

4.9.1 Termination of Agreement.

Vendor may not terminate this Agreement except for cause.

4.9.3 Ownership of Materials and Confidentiality.

4.9.3.1 Documents & Data; Licensing of Intellectual Property.

Excluding materials and data already owned by the Vendor prior to this Agreement, this Agreement creates a non-exclusive, irrevocable, and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, software programming, studies, drawings, Packet Page. 339
16 estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on digital media, including, without limitation, any Computer Aided Design and Drafting (“CADD”) data, which are prepared or caused to be prepared by Vendor under this Agreement (“Documents & Data”). Vendor shall require all subcontractors to agree in writing that City is granted a non-exclusive, irrevocable, and perpetual license for any Documents & Data, and Custom Software solutions the subcontractor prepares under this Agreement. Vendor represents and warrants that Vendor has the legal right to license any and all Documents & Data. Vendor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Vendor or provided to Vendor by the City. City shall not be limited in any way in its use of the Documents & Data or Custom Software at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. Any CADD data delivered to City shall not include the professional stamp or signature of an engineer, architect, or any other licensed professional, but shall be followed with a hard copy with such stamp or signature.

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17 4.9.6 Indemnification. To the extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of Vendor, its officials, officers, employees, agents, Vendors and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses. Vendor shall defend, at Vendor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Vendor shall pay and satisfy any such judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Vendor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers

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

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

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18 4.9.10 City’s Right to Employ Other Vendors. City reserves the right to employ other Vendors in connection with this Project.

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

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

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

4.9.18 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide agent of the Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, 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 member, officer or employee of City, Packet Page. 342
19 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.

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

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

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

4.10 Subcontracting.

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20 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND SIDEPATH INC.

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

LICENSOR

CITY OF SAN BERNARDINO
APPROVED BY:

Charles A. Montoya
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

LICENSEE
SIDEPATH INC.

Signature
Name
Title
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21 EXHIBIT A
EXHIBIT “A”

STATEMENT OF WORK

1.1 SCOPE OF WORK
Sidepath will perform the work and deliver the Deliverables as described in this Agreement. Any and all additional work or Deliverables not specifically described in this Agreement are considered out of scope and will be addressed in separate written agreements.

The following items are within the scope of work contemplated by this Agreement:

1.1.1 In-Scope
The following items are in scope for this agreement:
• One (1) Powerstore 1200T
• Two (2) S5224F-ON Switches
• Four (4) Poweredge R660 Servers

1.1.2 Work Locations
• City Hall
• Police Department

1.1.3 Scope Particulars
• Site Preparation and Installation
o Unbox and inventory equipment
o Stage and deploy all devices in equipment racks
o Cable management and label identification
• Poweredge Base Level Deployment
o Configure iDRAC
o Configure Lifecycle Controller
o Power on and install operating system
o Connect to existing network
o Configure network interface card
o Integrate with SAN
• Network Switches Base Level Deployment
o Apply latest firmware
o Assign IP
o Configure Spanning Tree
o Configure VLT
• Powerstore Base Level Deployment
o Configure network and attach to existing customer network o Complete Powerstore configuration
Verify firmware target levels
Configure SAN zoning for host deployment
Initialize and configure storage appliance
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22 EXHIBIT A
Validate array registration
Connect array to remote support
o Register hosts with array
o Create and present storage to hosts
o Test controller failover
• Data Migration & Migration Plan
o Review with customer desired migration
o Assist customer in the planning of storage migration using vMotion tools o Perform selected migrations as template for Migration Plan o Document Migration Plan methodology
o Hand off migration tasks to customer after knowledge transfer • Project Closure
o As built documentation of deployed environments
o Knowledge Transfer:

Up to four (4) hours remote knowledge transfer
Up to four (4) client engineers
The objective of the knowledge transfer is to review client specific product configurations and workflows and to provide enough information so the Client Staff is operationally efficient with specific deliverables in scope of this SOW. Knowledge transfer will be provided to:

Review As-Built Designs and Documentation
Provide an overview of administrative and operational functions *Please note: Knowledge Transfer is not a replacement for formal system training and certification.

1.1.4 ** Training classes are available from Dell and Sidepath can assist customer in selecting
classes Project Management
• Conduct a Project Kick-off meeting
• Review the Agreement, including overview of the project, deliverables, and in/out of scope items
• Confirm Client’s expectations
• Establish a one-page project overview with:
o Action Item Register, schedule, and ownership
o Top Risks and Issues
o Project health indicators
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23 EXHIBIT A
o Deliverables status
o Status summary
• Establish a Status Reporting schedule, generally one status report per week • Establish a Meeting Schedule
• Schedule and drive project meetings and provide meeting minutes as appropriate for the project schedule
• Manage the project change control activities and processes • Confirm Client acceptance at the end of each milestone or deliverable • Ensure Client’s change control procedures are identified and followed • Act as a single point of contact for project performance status

1.2 OUT OF SCOPE
The following items are outside the scope of Deliverables offered within this Agreement:
• Data migration or protection services
• Any specific tasks or deliverables not clearly stated within this scope • All levels of support.
• Creation of virtual machines
• Installation and configuration of guest operating systems Packet Page. 347
24 EXHIBIT B
EXHIBIT “B”

PROJECT DELIVERABLES
IN ACCORDANCE WITH SCOPE OF WORK:

1. PowerEdge,

2. PowerStore,

3. Switches,

4. Vmware
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25 EXHIBIT C
EXHIBIT “C”

COMPENSATION
TOTAL PROJECT COST: $400,010.61
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26 EXHIBIT D
EXHIBIT “D”

PROJECT PLAN
Intentionally left blank
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27 EXHIBIT E
EXHIBIT “E”

ESCROW AGREEMENT
Intentionally left blank
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28 EXHIBIT F
EXHIBIT “F”

SOFTWARE LICENSE AGREEMENTS
This will include all related software license agreements for the Application Software and Platform Software, if applicable.

3. Application Software Licensing Provisions

3.1 Disabling Code. The Vendor stipulates that there is no disabling code contained in the Application Software that would render the System unusable if certain events or actions do not occur.

3.2 Backup/Disaster Recovery. The City shall have the rights to install the Application Software on a backup/disaster recovery computer environment for the purposes of dynamic or static replication at a hot site or backup data center. In the event the primary data center at which the Application Software is hosted is inoperable or otherwise unavailable, the City may use the backup version without additional licensing or other charges until the primary site is available again.

4. Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which Packet Page. 352
29 EXHIBIT F
shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties.

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30 EXHIBIT G
EXHIBIT “G”

SCOPE OF ONGOING-MAINTENANCE
• Maintenance:
o The vendor shall provide warranty service options:
▪ 1 year - 24 /7 - 4 hour response time
▪ 3 year - 24/7 - 4 hour response time
▪ 5 year - 24/7 - 4 hour response time
o The vendor must state that the hardware will not be considered end-of-life for the initial 5 years.

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REQUEST FOR PROPOSALS
FOR

CITY OF SAN BERNARDINO
FOR
RFP-F-23-69

DATA CENTER REPLACEMENT

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
https://www.ci.san-bernardino.ca.us/
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1 CITY OF SAN BERNARDINO
NOTICE INVITING PROPOSALS, RFP NO. RFP F-23-69

DATA CENTER REPLACEMENT
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“Planetbids”) until 3:00 p.m., on October 11, 2023. Proposals may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Proposals received through any means other than Planetbids will be returned to the Vendor unopened.

The City is requesting proposals to provide: DATA CENTER REPLACEMENT The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

For more information regarding the RFP, please contact:

City of San Bernardino, Purchasing Division
[email protected]
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2 CITY OF SAN BERNARDINO

REQUEST FOR PROPOSALS

DATA CENTER REPLACEMENT
I. BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms1 (“Proposers”) for DATA CENTER REPLACEMENT services (“Services”).

To serve and promote the welfare of its residents, the City intends to procure the Services, as described below.

Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/.

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3 B. City Contact for this RFP
The principal contact for the City regarding this RFP will be Michelle Parra, Buyer for the Purchasing Division, [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Proposer.

All written questions, if answered, will be issued to all prospective proposers via e-mail notification from Planetbids. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be submitted to Planetbids by Tuesday, September 26, 2023, by 3:00 p.m. local time on the date identified in the Proposal Schedule. Each Proposer is responsible for ensuring that it has received all addenda, clarifications, supplemental information and responses to questions prior to submitting a proposal.

D. Pre-Proposal Meeting
Each Proposer is requested to attend a mandatory pre-proposal meeting to be held on Tuesday, September 19, 2023, from 10:00 a.m. to11:00 a.m. via Microsoft Teams. Failure to attend this meeting WILL preclude a Proposer from submitting a proposal. Attendance at the preproposal meeting will ensure the Proposer understands the full scope of the Services requested.

Proposals must include page numbers for all pages in the proposal.

Proposals shall be in the following order and shall include:

1. Executive Summary: (limit: 1 page) Summarize the content of your proposal in a clear and concise manner.

2. Table of Contents: (limit: 1 page)

3. Identification of Proposer: (limit: 1 page)
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).
c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”
d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal.

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4 e. California Business License Number

6. Experience and Technical Competence: (limit: 3 pages) a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will Packet Page. 359
5 meet the goals and fulfill the general functions identified in this RFP.
(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of
Services for public clients.
(iv) Provide three (3) references regarding the Proposer’s experience and performance performing similar services.

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6 (c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration or mediation.

9. Certificate of Insurance: (limit: 2 pages) - not including supporting documentation) See the Agreement, attached hereto as Exhibit “B”, for a description of the insurance requirements. Proposers shall provide a copy of their Certificate of Insurance showing that their insurance meets the requirements of the City.

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7 10. Litigation: (limit: 2 pages) Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years.

G. Selection Process

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8 g. Fee proposal.
h. Comments by references.
i. Exceptions/Deviations to RFP/Agreement Template (Pass/Fail) j. Litigations (Pass/Fail)

4. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement.

The City Council has the final authority to approve or reject the Agreement.

H. Protests

Action by the City relative to the protest will be final and not subject to appeal or reconsideration.

The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall Packet Page. 363
9 constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

I. Proposal Schedule
The tentative schedule is as follows:

ACTION DATE
Release of Request for Proposal September 12, 2023
Pre-Proposal Meeting Location: Mandatory meeting via
Microsoft Teams, Tuesday, September 19, 2023, from
10:00a.m. to 11:00a.m. Please confirm on or before
Monday, September 18, 2023, by 9:00a.m. to the
[email protected] email. The Microsoft Teams link
will be sent to you by end of day Monday, September 18, 2023.

September 19, 2023
Last Day to Submit Questions for Clarification
received by the City on or before Tuesday, September
26, 2023, by 3:00pm
September 26, 2023
Clarifications Issued by City on or before Tuesday,
October 3, 2023, by 3:00pm
October 3, 2023
Deadline for Receipt of Proposals
submitted on or before Wednesday, October 11, 2023,
by 3:00pm
October 11, 2023
The above scheduled dates are tentative, and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described Professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.

J. Submittal Requirements

1. General: It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.

Responses should emphasize the Proposer’s demonstrated capability to perform the Services.

Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be Packet Page. 364
10 forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal.

4. Authorization: The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.

Submittal Instructions: Electronic PDF file format via Planetbids. Please allow time for system to process your proposal. The proposal must be received no later than 3:00pm local time, on or before Wednesday, October 11, 2023. The City shall not be responsible for proposals that are not received on time. The City will not be responsible for and will not accept late bids due to slow internet connections, or incomplete transmissions.

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11 K. General Conditions

1. Amendments to RFP: The City reserves the right to amend the RFP and issue to all Proposers an addendum.

Publication Date of RFP: September 12, 2023
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Exhibit A

EXHIBIT A

PROPOSED SCOPE OF SERVICES
The City of San Bernardino is looking to replace its existing aging VMware hosts, which are currently housed at the City Hall and Police Department Data Centers. The new technology will be replacing equipment in both the City Hall and Police Department Data Centers. The City is looking to the vendors to propose innovative solutions and architectures to meet modern data center goals.

The design goal is to provide a redundant system that will stretch between the two data centers. It can include a private cloud so that resources are available to the PD or City Hall as needed. The networks need to be kept separate so City Hall staff cannot pass through the shared resources to the PD network. The City has 3 fiber connections from City Hall to the PD. The initial expectation is that one set would be for City Hall traffic, one set would be for Police Department traffic, and one set exclusively for the on-premises cloud or computing resources. The proposed network will allow City Hall staff to use the City Hall network at the PD if City Hall is unavailable and vice versa.

The vendor is expected to propose the best architectural solution for the City. It is not required that the design be hyper-converged or converged. The City is expecting to evaluate a number of different types of solutions.

The City desires to start implementation of the system before February 2024.

Vendors must evaluate the current data center resources to determine the number of resources to include in the replacement data center. Tools like RV Tools, Live Optics, and Cloud Physics can be used to assist with the system evaluation.

Vendors are expected to respond on the three provided scoresheets:
• Function Summary
o The vendor will respond to each requested goal or function with a score to represent how or if the function will be achieved.

1. Each item is scored a 1 for items included in the proposed pricing.

2. Each item is scored a 2 for items that are included in the proposal but with an identified additional cost.

3. Each item is scored a 3 for items that are planned but not yet available.

4. Each item is scored a 4 for items that are not planned to be available. • Cost Summary
o The vendor will provide a 5-year cost summary that will include all costs:

1. Initial Cost – Hardware and Software
• Hardware and Software items should be itemized.

2. Subscription / Maintenance for year 1 – if not included in year 1 cost

3. Subscription / Maintenance cost for years 2-5

4. Training Cost

5. Migration Cost
• Reference
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Exhibit A
o The vendor will provide 4 references that have a similar architecture in operation. The references do not have to be government agencies, but it is preferred.

Functions:
• Hardware:
o It is expected that the hardware will be installed in an existing 19” rack of the City Hall data center and Police data center.
 If additional space is required, it needs to be specified. o It is expected that the vendor will provide cooling and power consumption specifications.
 The City will provide the UPS units.
 KVM’s will be provided by the City.
o The City has a preference for Flash memory configurations for active data sets. The vendor is welcome to propose all-flash or hybrid storage configurations. o The City looks to the vendor to provide the best-balanced estimate of the computing resources versus the workload. The city would look to balance the number of cores versus the speed of the cores.
o The system should be able to report issues to the operator and the vendor automatically. The vendor may discuss how remote support may be provided. It is expected that the vendor would not have access that is not monitored by City staff. o The hardware needs to be VMWare compliant.
• Software:
o Vendors will need to discuss how recovery time objectives can be met for applications. o Critical and intensive resource applications:
 Police: Dispatch – SQL based – RTO (Recovery Time Objective – 15 minutes)  City Hall: New World – SQL-based finance – RTO (Recovery Time Objective – 1 hour)
o The City has VMWare 7. The proposed solution should include the latest stable version of VMWare. The vendor needs to include migration plans. It is expected that the old VMWare system and its installed equipment will not be used after the migration. o The proposed solution must coordinate with VMWare to ensure that the current licensing transitions to the new environment and is modified if necessary. o The City will provide any necessary Microsoft licensing outside of the scope of the RFP. o The City currently uses CommVault for its backup needs.  The vendor should state if Commvault is supported.
• Networking:
o The vendor needs to state the suggested network device(s) model that would work with their solution. The proposed equipment would need to work with the existing network devices.
• Maintenance:
o The vendor needs to provide warranty service options:
 1 year – 24 /7 – 4 hour response time
 3 year – 24/7 – 4 hour response time
 5 year – 24/7 – 4 hour response time
o The vendor must state that the hardware will not be considered end-of-life for the initial 5 years.
• Services:

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Exhibit A
o Training: The vendor needs to propose a cost and schedule for training classes and materials as needed.
o Migration: The vendor needs to propose a cost and schedule for migration efforts.  The migration plan should include suggested phases, timelines, and vendor and customer responsibilities.
o The vendor needs to provide a single point of contact for problem resolution across hardware.
o The vendor needs to provide a single point of contact for problem resolution across the software.
o Any additional offerings.

Vendors are encouraged to provide additional options with costs that would benefit the City.

One such option for example, could include the ability to have full replication of data between the two data centers.

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- 4 -

EXHIBIT B

CITY OF SAN BERNARDINO
[***INSERT AGREEMENT NAME***]

PROFESSIONAL SOFTWARE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]

1. PARTIES AND DATE.

2. RECITALS.

2.2 Vendor. Vendor desires to perform and assume responsibility for the provision of certain professional services including, but not limited to, software programming and on-going maintenance services as required by the City on the terms and conditions set forth in this Agreement. Vendor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***] projects to public agency clients, is licensed in the State of California, and is familiar with the computing environment of the City.

2.4 Project. City desires to engage Vendor to render such services for the [***INSERT NAME OF PROJECT***] project (“Project”) as set forth in this Agreement.

2.5 Hardware Specifications. The Parties acknowledge and agree that the City has or will be purchasing certain hardware necessary for the proper operation of the Packet Page. 370
5 System, defined below, in reliance on the recommendations and specifications to be provided by Vendor.

3. DEFINITIONS

3.8 License Agreement. The term License Agreement as used in this Agreement shall mean the license agreement(s) for the Application Software attached hereto as Exhibit “F”.

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6 3.9 On-going Maintenance and Support Services. The term On-going Maintenance and Support Services as used in this Agreement shall mean those Services required for on-going Application Software maintenance and support.

3.11 Project. The term Project as used in this Agreement shall refer to all of the materials, labor and Services required to deliver the System.

3.13 Project Services. The term Project Services as used in this Agreement shall mean those Services to be provided by Vendor in order to complete the Project, through Final Acceptance.

3.14 Services. The term Services as used in this Agreement shall mean, collectively, the Project Services and the On-going Maintenance and Support Services.

4. TERMS.

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7 4.2 Scope of Services and Term.

4.2.3 Term.

4.2.3.2 On-going Maintenance and Support Services. The
term of this Agreement as relates to the provision of On-going Maintenance and Support Services shall commence upon Final Acceptance and shall remain in effect for up to [***INSERT NUMBER***] (#) successive one (1) year periods, to be renewed annually in the City’s sole discretion.

4.3 Responsibilities of Vendor.

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8 4.3.1 Control and Payment of Subordinates; Independent Contractor.

The Project Deliverables and Services shall be provided by Vendor or under its supervision. Vendor will determine the means, methods and details of performing Project subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Vendor shall also not be employees of City and shall at all times be under Vendor’s exclusive direction and control.

4.3.3 Conformance to Applicable Requirements. All work prepared and Services performed by Vendor shall be subject to the approval of City.

4.3.5 Substitution of Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement.

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

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9 4.3.7 Standard of Care; Performance of Employees. Vendor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Vendor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project or from the provision of On-Going Maintenance and Support Services by the Vendor and shall not be re-employed to perform any of the Services or to work on the Project.

4.3.9 Additional Provisions Related to On-going Maintenance and Support Services.

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10 4.3.9.2 Penalties. If Vendor cannot resolve the problem of a reported Defect within 48 hours, the Vendor shall pay the City $500 per day (24 hours) until the Defect is remedied and the City is able to resume its normal business operations.

4.3.9.3 Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties.

4.4 Party Representatives.

4.5 Insurance. [***INSURANCE COVERAGE TO BE REVIEWED BY RISK MANAGEMENT***]

4.5.1.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Vendor’s and its subvendors’ policies of commercial general liability and Packet Page. 376
11 automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

4.5.1.3 Commercial General Liability
(A) The Vendor shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(B) Coverage for Commercial General Liability
insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (C) Commercial General Liability Insurance must
include coverage for the following:
(a) Bodily Injury and Property Damage
(b) Personal Injury/Advertising Injury
(c) Premises/Operations Liability
(d) Products/Completed Operations Liability
(e) Aggregate Limits that Apply per Project
(f) Explosion, Collapse and Underground
(UCX) exclusion deleted
(g) Contractual Liability with respect to this
Contract\
(h) Broad Form Property Damage
(i) Independent Vendors Coverage
(D) 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. (E) 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.

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12 (F) 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.

4.5.1.6 Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement the Vendor 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 Packet Page. 378
13 Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Vendor. “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.

4.5.1.8 Minimum Policy Limits Required.
(A) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury,
and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence limit
(B) Defense costs shall be payable in addition to the
limits.
(C) Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.

4.5.1.9 Evidence Required. Prior to execution of the Agreement, the Vendor 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 Packet Page. 379
14 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.

4.5.1.11 Qualifying Insurers.
(A) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum Packet Page. 380
15 requirements: each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

4.6 Responsibilities of City.

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16 4.6.1 City Support of Vendor. City shall furnish to the Vendor priority access to the System for the period of time reasonably required by the Vendor for Installation, testing, training, diagnostics, etc. City shall provide the following resources for Vendor's use in fulfillment of this Agreement:
(a) City personnel upon reasonable request of Vendor to answer questions and advise Vendor on City's facilities, operations and requirements.
(b) Input data in accordance with the agreed upon test and Acceptance procedures for use by the Vendor in Acceptance Testing. (c) Conversion format and procedures that the Vendor shall complete at its expense.
(d) Upon completion of Installation and preliminary training, and following Final Acceptance, City shall be responsible for the operation and management of the System, exclusive of hardware maintenance and/or On-going Maintenance and Support Services, which shall be the responsibility of Vendor.

4.7 Fees and Payments.

4.7.1 Compensation for Project Services. The Parties agree that the payment schedule is a performance based payment schedule. Vendor shall receive compensation, including authorized reimbursements, for all Project Services and License Agreements rendered under this Agreement at the rates and in accordance with the compensation schedule set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation for Project Services shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) without written approval of City’s Representative.

4.7.2 Compensation for On-going Maintenance and Support Services.

4.7.3 Process for Payment of Compensation; Itemized Statements.

Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor. The statement shall describe the nature and amount of Services provided; and shall clearly reflect charges against the items described in the “Compensation” set forth in Exhibit “C” since the initial commencement date, or Packet Page. 382
17 since the start of the subsequent billing periods, as appropriate, through the date of the statement. Statements not in conformance with the foregoing, or statements containing questions or ambiguities, shall be returned to the Vendor for correction. City shall, within forty-five (45) days of receiving a statement in conformance with the requirements contained herein, review the statement and process for payment all approved and undisputed charges thereon.

4.7.5 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless included in Exhibit “C”, Exhibit “D”, or authorized in writing and in advance by City.

4.7.7 Discounts. Vendor shall identify applicable discounts and discount time periods from published list prices for any future Application Software or additional copies of purchased Application Software. [***TO BE ALTERED BASED ON PROCUREMENT PROCESS***] Should any discounts be announced that would normally apply to the City following the initial submission of the response, but before the Agreement is signed, the City reserves the right to take the lesser of the proposed prices or the discounted price.

4.8 Accounting Records.

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18 4.8.1 Maintenance and Inspection. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

4.9 General Provisions.

4.9.1 Termination of Agreement.

Vendor may not terminate this Agreement except for cause.

City
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT DEPARTMENT HEAD
TITLE OR “City Manager”***]
Vendor
[***INSERT NAME***]
[***INSERT ADDRESS***]
[***INSERT ADDRESS***]
Attn: [***INSERT NAME***]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice Packet Page. 384
19 occurred, regardless of the method of service.

4.9.3 Ownership of Materials and Confidentiality.

4.9.3.1 Documents & Data; Licensing of Intellectual Property.

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20 4.9.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

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

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

4.9.10 City’s Right to Employ Other Vendors. City reserves the right to employ other Vendors in connection with this Project.

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

4.9.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Vendor include all personnel, employees, agents, and subcontractors of Vendor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

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22 4.9.18 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide agent of the Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

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

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

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

4.10 Subcontracting.

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23 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

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

LICENSOR

CITY OF SAN BERNARDINO
APPROVED BY:

[***INSERT NAME***]
City Manager
ATTESTED BY:

[***INSERT NAME***]
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

LICENSEE
[***INSERT NAME***]

Signature

Name

Title
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24 EXHIBIT A
EXHIBIT “A”

STATEMENT OF WORK
Services provided shall include all requirements specified in the Project Bid. [***INSERT SERVICES***]
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25 EXHIBIT B
EXHIBIT “B”

PROJECT DELIVERABLES
This will be the list(s) of specific software features and functions requested. [***INSERT PROJECT DELIVERABLES***]
Packet Page. 391
26 EXHIBIT C
EXHIBIT “C”

COMPENSATION
[***INSERT RATES OF COMPENSATION***]
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27 EXHIBIT D
EXHIBIT “D”

PROJECT PLAN
[***INSERT SCHEDULE OF SERVICES***]
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28 EXHIBIT E
EXHIBIT “E”

SOFTWARE LICENSE AGREEMENTS
This will include all related software license agreements for the Application Software and Platform Software, if applicable.

3. Application Software Licensing Provisions

3.2 Disabling Code. The Vendor stipulates that there is no disabling code contained in the Application Software that would render the System unusable if certain events or actions do not occur.

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30 EXHIBIT F

4. Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties.

Mayor and City CouncilFebruary 21, 2024

Mayor and City Council
February 21, 2024