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”
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.
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