Agenda packet — Mayor and City Council, November 6, 2024 (part 2 of 4)

RESOLUTION NO. 2024-215

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. 48) 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 Packet Page. 174
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annex to CFD No. 2019-1 and are more particularly described and shown on that certain map 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. 48, 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 5:00 p.m., or as soon thereafter as practicable, on Wednesday, December 18, 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 Packet Page. 175
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fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.

SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday December 18, 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 6th day of November 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. 2024-215, adopted at a regular meeting held on the 6th day of November 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of ____________ 2024.

Genoveva Rocha, CMC, City Clerk
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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. 48 is currently comprised one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Owner Name
1199-671-13 Piedmont Venture I, 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 costs to 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 June 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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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 June 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 et seq.) 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 June 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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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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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. 183
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 is identified 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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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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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. 186
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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. 187
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 purposes set 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).

Packet Page. 188
City of San Bernardino 10
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.

Packet Page. 189
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 2024-25. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1.

TAX ZONE 48
1199-671-13
Item Description Estimated Cost
1 Lighting $144
2 Streets $2,558
3 Parks $6,397
4 Graffiti $323
5 Reserves $1,413
6 Admin $1,250
Total $12,086
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 48
FY 2024-25 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 RU $247 $0
Multi-Family Residential RU $247 0
Non-Residential Property Acre $1,777 $0
TAX ZONE 48
FY 2024-25 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $1,777 $0
Packet Page. 190
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 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California Corporation
39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC Packet Page. 191
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services) Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC 44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC 45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC 46 46 To be determined
47 47 To be determined
48 48 1199-671-13 2024-25 $247/RU $0/RU Piedmont Venture I, LLC 49 49 To be determined

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.

Packet Page. 192
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.

Packet Page. 193
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. 194

EXHIBIT D
SHEET 1 OF 1 SHEET
ANNEXATION MAP NO. 48
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
48 FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF ________, 20 ____. 1199-671-13
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
þ18 þ330
CFD 2019-1 þ TAX ZONE 48 þ 210
¤ 259 LEGEND 66 _

ANNEXATION AREA BOUNDARY

PARCEL LINE
§¦215

CITY BOUNDARY
þ
§¦ 38
10 XXXX-XXX-XX
48 ASSESSOR PARCEL NUMBER

TAX ZONE - 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 2024-25.

Packet Page. 195

EXHIBIT E
Packet Page. 196
Packet Page. 197

EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 48)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on November 6, 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 5:00 p.m., or as soon thereafter as practicable, Wednesday, December 18, 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 December 18, 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
Packet Page. 198

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 48
(December 18, 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
Piedmont Venture I, LLC 6.79 7
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:

Personal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than December 4, 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.

If in person, deliver to the City Clerk at any time up to 5:00 p.m. on December 18, 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 December 18, 2024.

Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page. 199
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

Piedmont Venture I, LLC
Attn: Ali Sahabi
2014 Ashington Dr.,
Glendale, CA 91206
1199-671-13

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 RU $247
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside - San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 48 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including lighting, streets, parks, and graffiti as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-__ adopted by the City Council of the City of San Bernardino on November 6, 2024, 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__.

Ali Sahabi
Manager
Signature
Print Name
Title
Packet Page. 200

EXHIBIT H
Packet Page. 201

ORCHID DR

PIEDMONT DR
PIE
D
M
ONT
AVE
LA
P
R
A
XI AVE
B
R
A
D
F
O
R
D
AVE

CROYDON
ST
28TH ST
C
EI N
E
G
A
D
R

OLEANDER
DR
SEINE
AVE
CITY
C
R
E
E
K
3 3
0 RD

HIGHLAND AVE
B
O
ULD
E
R
AV
E
^_

MOUNTIAN AVE

CITRUS ST

PACIFIC ST

FOOTHILL DR

PARKDALE DR

T PI PECANOE ST

ORANGE ST

SEINE AVE

HIGH LAND A VE

PIEDMONT DR

BUCKEYE ST

CHURCH AVE CLIFTON ST

BUCKWHEAT AVE

PALM AVE

OL VI E TREE LN

BURNS LN

BASELINE ST

VILLA CT
29TH ST
·|þ}330
·|þ}210
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 48

PROJECT MAP
Packet Page. 202

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 6, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department: Economic Development
Subject: Resolution Declaring Intent to Annex Territory:

Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 47, Tax Zone No. 47 (Dutch
Bros Coffee) (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-216 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. 47) 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 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 establishing 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.

On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, Packet Page. 203
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 which 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. Maintenance of landscaping and other public improvements installed within the public rights-of-way; and

2. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and

3. Maintenance of streets, including street sweeping, pavement management and sidewalks; and

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

The proposed development includes approximately 2.71 gross acres of zoned commercial property. The property is located southeast of E Hospitality Ln, north of Harriman Pl., and west of S Tippecanoe Ave. This development will include a drivethru restaurant as a new Tax Zone, No. 47, 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. 47), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $5,635 per acre for FY Packet Page. 204
2024/25. 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 $15,310 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 December 18, 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. 2024-216 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. 47) and authorizing the levy of a special taxes therein.

Attachments
Attachment 1 – Resolution of Intention No. 2024-216
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. 2024-216
Resolution No. 2024-216
November 6, 2024

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RESOLUTION NO. 2024-216

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. 47) AND AUTHORIZING

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

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. 207
Resolution No. 2024-216
Resolution No. 2024-216
November 6, 2024

Page 2 of 4 ends

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. 47, 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.

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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Resolution No. 2024-216
Resolution No. 2024-216
November 6, 2024

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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 6th day of November 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. 2024-216
Resolution No. 2024-216
November 6, 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. 2024-216, adopted at a regular meeting held on the 6th day of November 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. 47 is currently comprised of two (2) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APNs).

APNs Owner Name
0281-361-23 CVP Hospitality CA, LLC
0281-361-22 CVP Hospitality CA, LLC
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EXHIBIT B

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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)

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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 June 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 et seq.) 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 June 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.

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. 216
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.

TABLE 1

MAXIMUM SPECIAL TAX A RATES

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

MAXIMUM SPECIAL TAX A RATES

TABLE 3

MAXIMUM SPECIAL TAX A RATES

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

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. 219
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

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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. 220
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:

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.

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City of San Bernardino 10
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)

TAX ZONE 47
PM 17772
Item Description Estimated Cost
1 Landscape $2,078
2 Lights $7,877
3 Streets $2,093
4 Reserves $1,807
5 Admin $1,455
Total $15,310
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 47
FY 2024-25 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $5,635 $0
TAX ZONE 47
FY 2024-25 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $5,635 $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 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California Corporation
39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC Packet Page. 224
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services) Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC 44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC 45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC 46 46 To be determined
47 47 PM 17772 2024-25 $5,635 / Acre $0/Acre CVP Hospitality CA LLC 48 48 1199-671-13 2024-25 $247/RU $0/RU Piedmont Venture I, LLC 49 49 0141-252-08 2024-25 $1,751 / Acre $0/Acre City of Riverside

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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.

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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. 227

EXHIBIT D
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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. 47)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on November 6, 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.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 5:00 p.m., or as soon thereafter as practicable, Wednesday, December 18, 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 December 18, 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. 47
(December 18, 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
CVP Hospitality CA, LLC 2.71 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.

Mail
Delivery:

Personal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than December 4, 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.

If in person, deliver to the City Clerk at any time up to 5:00 p.m. on December 18, 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 December 18, 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):

CVP Hospitality CA, LLC
Attn: John Bonsall
2188 SW Park Place, Suite 100
Portland, OR 97205
0281-361-23, 0281-361-22

CITY OF SAN BERNARDINO

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
Non-Residential Property Acre $5,635
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside - San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 47 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including landscaping, lighting, and streets as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-__ adopted by the City Council of the City of San Bernardino on November 6, 2024, 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 _________

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__.

John Bonsall
Manager
Signature
Print Name
Title
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SCALE 1"=100'
215
10 CFDMAINTENANCEAREA

HOSPITALITYLANE

CFD MAINTENANCE
& SITEPLAN EXHIBIT
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GOULD ST
T
PI P
E
C
A
N
O
E
AV
E

HOSPITALITY
LN

HARRIMAN
PL

CARNEGIE
DR

COULSTON ST
C
O
N
EJO
D
R
^_

MILL ST

SPRUCE ST

S EI RRA WAY
2ND ST

ORANGE SHOW RD
4TH ST

CENTRAL AVE

NORMAN RD

PENNSYLVANIA AVE

WATERMAN AVE ACADEMY ST
MT V. IEW AVE

COLTON AVE

REDLANDS BLVD

MILL ST
§¨¦10
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 47

PROJECT MAP
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 6, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager
Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Review of Administrative Budget Transfers From April 1, 2024 Through June 30, 2024 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget transfers from April 1, 2024 through June 30, 2024.

Executive Summary
Finance & Management Services requests the Mayor and City Council to review and file department to department, administrative budget transfers made from April 1st to June 30, 2024.

Background
On May 4, 2022, the Mayor and City Council adopted Ordinance No. MC-1568 which amended Section 3.05.010 in the Municipal Code regarding budget transfers.

Specifically, the amendment to the ordinance nullified the not-to-exceed amount of $25,000 per budget transfer; authorized the Director of Finance & Management Services to approve budget transfers within a department’s personnel budget into their operating budget; authorized the Director of Finance & Management Services to approve department to department budget transfers; established that budget transfers will not increase or decrease a department’s approved budget, nor will it increase or decrease the approved fund budget without council approval; and stated that any cumulative amount of more than $5,000 transferred between departments in a 12- month period must be reported to the Mayor and City Council during the regular Quarterly Report.

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Discussion
Budget transfers are requests received by Finance & Management Services from departments to move funds from one account to another after the adoption of the original budget. Transfers occur when a department needs to correct its originally adopted budget or to move funds to accommodate a change in a department’s planned expenditures. When processing budget transfers, Finance & Management Services verifies that the transfer properly allocates resources based on the strategic objectives and goals set forth by the Mayor and City Council and reflects the priorities of the community.

The table below provides the list of the administrative transfers that have been processed.

Date of
Transfer
From To Amount
5/8/2024 City Manager Information Technology $30,802.29 5/21/2024 Community Development &
Housing
Parks, Recreation &
Community Services
$137,000.00
5/21/2024 Community Development &
Housing
Information Technology $100,000.00
6/30/2024 Public Works General Government $41,047.44
6/30/2024 General Government Finance & Management
Services
$21,347.61
6/30/2024 General Government Human Resources & Risk
Management
$18,086.08
6/30/2024 General Government Human Resources & Risk
Management
$22,465.17
6/30/2024 General Government Economic Development
and Community
Development & Housing
$10,636.33
6/30/2024 Community Development &
Housing
Economic Development $551,300.00
6/30/2024 Community Development &
Housing
City Manager $292,534.16
The transfer from City Manager’s Office to Information Technology was to fund the cost of network hardware equipment needed to create additional office space in Vanir’s first floor.

The transfer from Community Development & Housing to Parks, Recreation & Community Services was to support the Rudy Hernandez Gymnasium Floor project, Delmann Heights Upgrades, and lighting at Del Rosa, Encanto, and Nunez baseball fields.

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The transfer from Community Development & Housing to Information Technology was to fund the video server hardware needed for additional video storage in the City.

The transfer from Public Works to General Government was to fund additional security costs associated with the Santa Fe Depot Aux for the months of May and June.

The transfer from General Government to Finance & Management Services was to fund the Californians For All Youth Workforce Development Program Intern salaries and benefits.

The transfers from General Government to Human Resources & Risk Management were to fund the Californians For All Youth Workforce Development Program Intern salaries and benefits.

The transfers from General Government to Community Development & Housing and Economic Development were to fund the Californians For All Youth Workforce Development Program Intern salaries and benefits.

The transfer from Community Development & Housing to Economic Development was to transfer the Small Business and Non-Profit Assistance Grant Program.

The transfer from Community Development & Housing to City Manager’s Office was to fund year-end personnel expense deficits.
2021-2025 Strategic Targets and Goals
Authorization of this file and receive item aligns with three of the adopted 2021-2025 Key Strategic Targets and Goals. Finance & Management Services reporting on departmental administrative budget transfers completed within the quarter that meet the requirements of the Mayor and City Council helps Improved Operational & Financial Capacity by effectively creating a framework for spending decisions.

Administering budget transfers meets the Focused, Aligned Leadership and Unified Community goal by developing and implementing a community engagement plan where the community and staff actively adapt to ensure needs of the community are fulfilled. Improved Quality of Life is met by ensuring that service levels are funded proactively to integrate customer-service orientation and metrics into all City operations.

Fiscal Impact
There is no General Fund impact to the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget transfers from April 1, 2024 through June 30, 2024.

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Attachments
Attachment 1 Ordinance MC-1568
Ward
All Wards
Synopsis of Previous Council Actions
December 1, 2021 Mayor and City Council heard the FY 2021/22 1st Quarter Report; Adopted Resolution No. 2021-289 amending the City of San Bernardino’s FY 2021/22 Operating Budget; and
introduced, read by title only, and waived further reading of Ordinance No. MC-1568, amending section 3.05 of the
Municipal Code pertaining to budget transfers.

May 4, 2022 Mayor and City Council adopted Ordinance No. MC-1568, amending section 3.05 on the Municipal Code.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 6, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, City Manager;
C. Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Review of Administrative Budget Transfers from July 1, 2024 through September 30, 2024 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget transfers from July 1, 2024, through September 30, 2024.

Executive Summary
Finance & Management Services requests the Mayor and City Council to review and file department to department, administrative budget transfers made from July 1st to September 30th, 2024.

Background
On May 4, 2022, the Mayor and City Council adopted Ordinance No. MC-1568 which amended Section 3.05.010 in the Municipal Code regarding budget transfers.

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Discussion
Budget transfers are requests received by Finance & Management Services from departments to move funds from one account to another, after the adoption of the original budget. Transfers occur when a department needs to correct its originally adopted budget or move funds to accommodate a change in the department’s planned expenditures. When processing budget transfers, Finance & Management Services verifies that the transfer properly allocates resources based on the strategic objectives and goals set forth by the Mayor and City Council and reflects the priorities of the community.

The table below provides the list of the administrative transfers that have been processed.

The transfer from Public Works to the Police Department was to fund the Citywide Security Contracts that were originally budgeted under Public Works. Under direction from the previous City Manager, the Police Department has been tasked with managing the Citywide Security services and their associated budget.

The transfer from Community Development & Housing to Economic Development was to transfer Economic Development’s budget that remained within Community Development & Housing.

The transfer from Public Works to General Government was to fund the City’s 50% share of the Santa Fe Depot Aux Fiscal Year 2024/25 expenses. 2021-2025 Strategic Targets and Goals
Authorization of this file and receive item aligns with three of the adopted 2021-2025 Key Strategic Targets and Goals. Finance & Management Services reporting on departmental administrative budget transfers completed within the quarter that meet the requirements of the Mayor and City Council helps Improved Operational & Financial Capacity by effectively creating a framework for spending decisions.

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Fiscal Impact
There is no General Fund impact to the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget transfers from July 1, 2024 through September 30, 2024.

Attachments
Attachment 1 - Ordinance MC-1568: Budget Transfers
Ward:

All Wards
Synopsis of Previous Council Actions:

On December 1, 2021 Mayor and City Council heard the FY 2021/22 1st Quarter Report; Adopted Resolution No. 2021-289 amending the City of San Bernardino’s FY 2021/22 Operating Budget; and introduced, read by title only, and waived further reading of Ordinance No. MC-1568, amending section 3.05 of the Municipal Code pertaining to budget transfers.

On May 4, 2022 Mayor and City Council adopted Ordinance No. MC-1568, amending section 3.05 on the Municipal Code.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 6, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Rolland Kornblau, Director of Information Technology
Department: Information Technology
Subject: Request for Approval to Renew Trend Micro Vision One Subscription and add Tipping Point a Threat Protection
System (TPS).

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the renewal of the Trend Micro Vision One Subscription and the addition of TippingPoint a Threat Protection System (TPS) to our cybersecurity measures for a 3-year term not to exceed $584,681.14.

Executive Summary
Subscription to Tipping Point Threat Protection System(TPS) will enhance our current license with Trend by adding hardware that monitors the network in real time.

Monitoring for threats in real time will mitigate infections from happening on the network before becoming an issue on the computers. This renewal and addition are crucial for maintaining and enhancing our cybersecurity. Trend Micro has been a trusted provider of cybersecurity solutions for the city, offering protection against various cyber threats.

Background
Trend Micro has been a reliable provider of cybersecurity solutions for the city over the past 25 years, safeguarding against a wide range of threats. As our digital landscape continues to evolve, it is crucial not only to renew our current subscription but also to integrate additional security measures to proactively protect the integrity of the city’s data.

Discussion
Renewing Trend Micro Vision One Subscription and adding TippingPoint, a Threat Protection System (TPS), to our security infrastructure is an essential step in safeguarding our organization’s digital environment. The current service includes Packet Page. 260
endpoint protection, cloud, and email security. Renewing will offer continued, uninterrupted protection against malware, ransomware, and other cyber threats. TPS is obtained directly from the vendor of the existing end point protection.

TippingPoint (TPS) provides an added layer of physical protection by inspecting and blocking all network traffic, both inbound and outbound, against unknown vulnerabilities. Combining Vision One’s threat intelligence from various sources and TippingPoint’s real-time threat analysis allows for earlier detection of cyber threats, leading to more efficient incident response times.

The cost for renewing the Trend Micro Vision One Subscription for 3 years is $262,372.48. This subscription includes extended detection and response (XDR) capabilities, integrating data from endpoints and servers. It also offers centralized management and automated incident response to threats. TippingPoint’s 3-year subscription costs $322,308.66. It features prevention of network-based attacks, detailed inspection to identify patterns and block malicious activity, and provides upto-date threat protection. Streamlining Trend Micro Vision Ones automated incident response capabilities with TippingPoint’s threat prevention ensures quick and efficient handling of security incidents.
2021-2025 Strategic Targets and Goals
This request is aligned with Key Target No. 1: Improve Operational & Financial Capacity. Approval of the renewal of the current cybersecurity and addition of TippingPoint enhances security operations, making it easier to monitor and respond to threats across the entire IT environment.

Fiscal Impact
Tipping Point total is $322,308.66 total - $99,900 the first year, $100,480.38 the second year and $121,928.28 the third year. Vision One total is $87,313.64 the first year, $87,529.42 the second year and $87,539.42 the third year. The fiscal impact for this item is $584,681.14. There is sufficient budget in the Department’s FY24/25 Operating Budget to fund this agreement. There is no additional impact to the General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the renewal of the Trend Micro Vision One Endpoint Subscription and the addition of Tipping Point a Threat Protection System (TPS) to our cybersecurity measures for a 3-year term not to exceed $584,681.14.

Attachments
Attachment 1 – Trend Renewal_Tipping Point Quote
Attachment 2 – SBCity - Trend Solution Summary
Ward:

All Wards
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Synopsis of Previous Council Actions: N/A
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City of San Bernadino – Solution
Summary
2024 Budget Spend
Cody Reagan
Regional Account Executive
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Project Goals
• Streamline security process with single platform approach (Vision One) • Prevent exposure to attack
• Add layers of redundancy for wider visibility of threats • Shift process from reactive to proactive
• Understand risks in a preventative way
• Continue to integrate tools into Vision One Platform
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3 | ©2023 Trend Micro Inc.

Vision One credits can be applied to any expansion of
services or growth of current environment
Currently they are being used to add XDR and ASRM to
all endpoints
Budget Summary
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4 | ©2023 Trend Micro Inc.
120 licenses for servers
1,050 licenses for user and
city devices
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5 | ©2023 Trend Micro Inc.

Vision One - Endpoint Security (Pro)
Endpoint Security
• Purpose-built security for endpoint, server,
and cloud workloads
• Single console for visibility and
management; protection and EDR
• Connected IT/SecOps workflow
• Part of Vision One platform natively
Public/Private
Cloud
Laptop Virtual
Server
Desktop Server
Value Toward Goals
• Replacing Apex One in server environment
(not designed for servers in mind)
• Strengthening Vision One with robust server
data and acting as a backup to Tipping Point
internally
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6 | ©2023 Trend Micro Inc.

Vision One - Endpoint Security (Core)
Endpoint Security
Public/Private
Cloud
Laptop Virtual
Server
Desktop Server
Value Toward Goals
• Continued push into Vision One in all endpoints
• Simplify visibility with native connection into
platform
• Will replace the on-premise Apex which was a
target during attack
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7 | ©2023 Trend Micro Inc.

Tipping Point – Threat Protection System (IPS)
Pre-emptive threat prevention TippingPoint TPS, deployed inline, inspects and blocks all directions of traffic (inbound, outbound, and lateral) in real time, protecting your environment against known, unknown, and undisclosed vulnerabilities.

Value Toward Goals
• Adds layer of protection that is physical and
in your environment (sits behind firewall)
• Feeds essential data to Vision One when
anything gets past edge security
• Blocks malicious behaviors automatically
• Virtual Patching to reduce overall risk
exposure
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8 | ©2023 Trend Micro Inc.

Service One Complete
Value Toward Goals
• Essential in the mitigation the recent attack
• Incident response team was involved
within hours
• Round the clock monitoring at a fraction of
the price of 24/7 staff or 3rd party SOC
• Drives involvement of the city and Trend to
be aware of all risks, alerts, and attacks
together
• Frees up time for proactive risk assessment
and less time looking at alerts
• Proactive Alerts and Threat Hunting
• Detect and Respond Faster
• Extend Your Team
• Maximize Effectiveness & Skills
• 24/7/365 global support
• Assigned Service Manager and priority case
handling
• Managed XDR using MITRE ATT&CK framework and
proprietary threat hunting tools
• Product and threat training for your team
• Regular sync meetings and health checks
• 40 hours of IR Services (used in October to stop an
active threat)
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9 | ©2023 Trend Micro Inc.

Vision One – Network Monitoring
• All network connected assets continuously tracked
• Unsanctioned assets identified
• Endpoint protection methodically and holistically deployed • Option to add sandboxing
• Assets not fit for agent protection defended at the network layer • Provide actionable data to ASRM and XDR efforts in Vision One Value Toward Goals
• Sees all network traffic and not just what has a Trend agent on • Used for deep understanding of environment and forensics (similar to how our IR team does research with DDI)
• Strengthen view of the attack surface and risks associated • Deep analysis of traffic and behaviors
• Virtual sensors highly adjustable and configurable to see anything missing or when the are infrastructure changes
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It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-217, approving:

1. Accepting grant funding of $50,000 from the California Department of Education (CDE) and a “block grant” of $73,200 for Adult and Family Literacy Services from the California State Library’s California Library Literacy Services (CLLS) Program.

2. Authorizing the Interim Director of Finance and Management Services to amend the FY 2024/25 Operating Budget for the Literacy program including adjusting the CDE budget to account for any differences in the estimated grant funding versus the actual grant funding received and appropriating $73,200 of grant funding in both revenues and expenditures for the California Adult and Family Literacy Programs.

Executive Summary
The Library has a Literacy Program in the Jack L. Hill Lifelong Learning Center, at the Feldheym Central Library, that is mostly grant-funded and instructs learners to improve their literacy skills, which helps them improve their educational and employment opportunities. These grant funds do not have any match requirement and as a result, there is not any impact to the General Fund.

Background
The San Bernardino Public Library (SBPL) has a Literacy Department at the Feldheym Central Library, in the Jack L. Hill Lifelong Learning Center, that is mostly grant funded.

The Literacy Department budget, adopted by the Mayor and City Council, is a Packet Page. 277
projection as the actual amounts from the CDE and Adult and Family Literacy Services from CLLS is not known until the fall of each year. The Literacy Program applies for these grants on annual basis. The CDE funding is from the Workforce Innovation and Opportunity Act (WIOA), Title II: Adult Education and Family Literacy Act. The Literacy Program is a partner of the San Bernardino County Workforce Development Board.

Literacy offers various services to help City residents improve their lives. Besides basic English and English as a Second Language (ESL) literacy services, Jack L. Hill Lifelong Learning Center also offers citizenship history and interview classes, and homework assistance for students in kindergarten through eighth grade for English and math at the Feldheym Central Library.

The Library usually receives these annual grant awards in September and then the Library has to go to the Mayor and City Council to accept and amend the Library’s budget.

Discussion
The respective grant funds are used as follows:

WIOA funding via CDE:

The funding Jack L Hill receives from WIOA helps support staffing in order to offer ESL small group and conversation classes; one-on-one basic English tutoring for adults looking to improve their reading, writing, or English-speaking skills: and citizenship history and interview test preparation.

CLLS:

These grants help support staff funding as well as material supplies for programs and learners. These supplies and staff allow the Jack L Hill Lifelong Learning Center to offer additional tutoring and programs for adults whose first language is English but still need help with improving their reading and writing skills in order to be successful in their careers and daily lives. Funding is also provided to offer programs for learners and their families to teach new skills and ways to interact and support their family members and community.

The funding for CLLS Adult and Family Literacy Services have been received in the past as separate amounts. This year the California State Library is offering funding in “block grant” format allowing Libraries some flexibility in deciding its amounts for each program as long as minimum amounts are met.

While the annual funding amount from the California Department of Education has fallen from roughly half from that received in the fall of 2023 for FY 2023/24 – it’s expected that while 10% of the Literacy Program Coordinator’s salary has been paid from the Library’s General Fund budget – the Library can pay for 50% of the Literacy Program Coordinator’s salary and benefits from its general fund budget for FY 2024/25 to cover that difference. That one-time funding is expected from savings from the Library network replacement costing less than anticipated Packet Page. 278
The Library received its Grant for Award Letter in April for $53,642 of ESL funding for Fiscal Years 2024/25 and 2025/26 so it was adopted as part of the City’s Fiscal Year 2024/25 budget.
2021-2025 Strategic Targets and Goals
The acceptance and administration of this funding aligns with Key Target No. 1:

Financial Stability and Key Target No. 3: Improved Quality of Life, with customer service.

Fiscal Impact
There is no fiscal impact to the General Fund in FY 2024/25 with the acceptance of this grant as there are no fund match requirements.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-217, approving:

Attachments
Attachment 1 - Resolution 2024-217
Attachment 2 - California Department of Education Grant Award Letter Attachment 3 - CLLS Adult Literacy and Family Literacy Grant Award Letter Ward:

All Wards
Synopsis of Previous Council Actions:

June 26, 2024 Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2024-142 approving the City of San Bernardino’s Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement Plan including $53,642 of funding for Fiscal Years 2024/25 and 2025/26 for English as a Second Packet Page. 279
Language from the California State Library for Literacy Program services.

May 1, 2024 Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2024092, authorizing the Director of Finance and Management Services to amend and appropriate $29,786 in grant funding from the California Department of Education in both revenues and expenditures to the Fiscal Year 2023 – 2024 Operating Budget for the Workforce Innovation and Opportunity Act, Title II: Adult Education and Family Literacy Act program. This was one-time supplemental funding.

October 4, 2023 Mayor and City Council of the City of San Bernardino, California adopted Resolution No. 2023-148 approving grant funding in the amounts of $99,287 from the California Department of Education; $60,719 for Adult Literacy Services, $20,615 for Family Literacy Services and $43,642 for English as a Second Language from the California State Library for Literacy Program services.

August 16, 2023 Mayor and City Council of the City of San Bernardino, California, approved the following: A technical correction of the grant funding that was accepted on November 2, 2022 (Resolution No. 2022- 231). Increasing the Library Department authorized staffing by two full-time positions one Assistant Literacy Program Coordinator and one Library Assistant for FY 2023/24.

November 2, 2022 Mayor and City Council adopted Resolution No. 2022-231 of the Mayor and City Council of the City of San Bernardino, California: 1.

Accepting grant funding in the amounts of $141,840 from the California Department of Education; $67,465 for Adult Literacy Services, $22,906 for Family Literacy Services and $53,642 for English as a Second Language from the California State Library for Literacy Program services. 2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Literacy Program including appropriating $53,642 in both revenues and expenditures for the new English as a Second Language Program and adjusting the Grant Fund budget to account for differences in estimated grant funding and actual grant funds received.

March 2, 2022 Mayor and City Council adopted Resolution 2022-45 of the Mayor and City Council of the City of San Bernardino, California authorizing the acceptance of grant funding in the amount of $87,752 from the California State Library's California Library Literacy Services (CLLS) and authorizing the Director of Finance to amend the FY 2021/22 adopted budget for revenue and
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expenditures to appropriate the funding.

Dec. 1, 2021 Mayor and City Council of the City of San Bernardino, California, accepted the Fiscal Year 2021/22 First Quarter Report and adopted Resolution No. 2021-289, authorizing an amendment to the FY 2021/22 General Fund Operating Budget in the amount of
$414,500, which included authorizing acceptance of grant funding in the amount of $128,828 from the California Department of Education.

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Resolution No. 2024-217
Resolution 2024-217
November 6, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-217

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE INTERIM DIRECTOR OF FINANCE

AND MANAGEMENT SERVICES TO ACCEPT GRANT
FUNDING IN THE AMOUNTS OF $50,000 FROM THE

CALIFORNIA DEPARTMENT OF EDUCATION (CDE) AND
A “BLOCK GRANT” OF $73,200 FOR ADULT AND FAMILY

LITERACY SERVICES FROM THE CALIFORNIA STATE
LIBRARY’S CALIFORNIA LIBRARY LITERACY

SERVICES (CLLS) PROGRAM AND AUTHORIZING THE

INTERIM DIRECTOR OF FINANCE AND MANAGEMENT
SERVICES TO AMEND THE FY 2024/25 LITERACY

PROGRAM BUDGET INCLUDING ADJUSTING THE CDE

PROGRAM BUDGET TO ACCOUNT FOR ANY

DIFFERENCES IN THE ESTIMATED GRANT FUNDING

VERSUS THE ACTUAL GRANT FUNDS RECEIVED AND
APPROPRIATING $73,200 OF GRANT FUNDING IN BOTH

REVENUES AND EXPENDITURES FOR CALIFORNIA
ADULT AND FAMILY LITERACY PROGRAMS.

WHEREAS The San Bernardino Public Library (SBPL) has a Literacy Department at the Feldheym Central Library, in the Jack L. Hill Lifelong Learning Center, that is mostly grant funded. The Literacy Department budget, adopted by the Mayor and City Council, is a projection as the actual amounts from the CDE and Adult and Family Literacy Services from CLLS is not known until the fall of each year. The Literacy Program applies for these grants on annual basis.

The CDE funding is from the Workforce Innovation and Opportunity Act (WIOA), Title II: Adult Education and Family Literacy Act. The Literacy Program is a partner of the San Bernardino County Workforce Development Board; and
WHEREAS, Literacy offers various services to help City residents improve their lives.

Besides basic English and English as a Second Language (ESL) literacy services, Jack L. Hill Lifelong Learning Center also offers citizenship history and interview classes, and homework assistance for students in kindergarten through eighth grade for English and math at the Feldheym Central Library; and

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

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

SECTION 2. The Mayor and City Council hereby accept grant funding in the amount of $50,000 from the CDE and a “block grant” of $73,200 for Adult and Family Literacy Services Packet Page. 282
Resolution No. 2024-217
Resolution 2024-217
November 6, 2024

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from CLLS and authorizing the Interim Director of Finance and Management Services to accept and amend the FY 2024/25 budget for the Literacy Program, including adjusting the CDE program budget to account for any differences in the estimated grant funding versus the actual grant funds received and appropriating $73,200 of grant funding in both revenues and expenditures for the California Adult and Family Literacy Programs.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of November 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:
_
Sonia Carvalho, City Attorney
Packet Page. 283
Resolution No. 2024-217
Resolution 2024-217
November 6, 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. 2024-217, adopted at a regular meeting held on the 6th day of November 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Page. 284
Packet Page. 285
Packet Page. 286
Packet Page. 287
Library Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
August 22, 2024
Ed Erjavek
San Bernardino Public Library
555 West 6th Street
San Bernardino, CA 92410
Dear Mr. Erjavek,
California Library Literacy Services program
and the important work that you, your staff, and your volunteers do in your community.

The state budget continues to provide $7.32 million in California Library Literacy Services funding for Adult Literacy Services and Family Literacy Services.

Your total award amount for the 2024-2025 fiscal year beginning July 1, 2024, is:

Adult Literacy and Family Literacy Services: $73,200
Total Award: $73,200
CLLS programs with Family Literacy Services will receive one award total, referred to as a -2025 program period. Your library is responsible for allocating award funds between Adult Literacy Services and Family Literacy Services to respond to community needs and for adhering to the following requirements:

At least 51 percent of the block grant award must be allocated to Adult Literacy Services.

At least 26 percent of the block grant award must be allocated to Family Literacy Services.

Programs who requested a fixed award for Family Literacy Services may adjust their request by +/- 25 percent. Contact your state team for support.

The block grant model does not apply to English as a Second Language Services funds for the 2024-2025 and 2025-2026 program periods.

Your award will be claimed in two stages. The claim form included in this award packet will allow you to request the first 90% of your total award:

Total Initial Award Amount: $65,880
Information about claiming the rest of your award is included in the payment schedule at the end of your award packet.

You must encumber your funds by June 30, 2025. You must fully expend funds by September 30, 2024, in accordance with your approved budget on file with the State Library.

Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 Packet Page. 288
Library Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
and for which a budget has been provided to and approved by the State Library.

Review the California Library Literacy Services Allowable and Unallowable Expenses guidelines to ensure program expenditures are consistent with the California Library Literacy Services allowable expenses. If you have questions about expenses or expending award funds, contact Allyson Jeffredo at [email protected]. We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium/a, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the California Library Literacy Services Mission, Values, and Program Essentials. Additional California Library Literacy Services resources can be found on the California Library Literacy Services website. The payment process begins when we receive your completed and signed claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance included in this packet. All forms should be completed and signed through DocuSign to be processed for payment.

Our library literacy staff are available to assist you throughout the year. Contact your Advisor Beverly Schwartzberg and your Grant Monitor Allyson Jeffredo at [email protected] with any questions.

Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.

Respectfully yours,
Greg Lucas
California State Librarian
Cc: Beverly Schwartzberg, [email protected] Allyson Jeffredo, [email protected]
State Library Fiscal Office, [email protected] Alysha Cisneros, [email protected]
Ed Erjavek, [email protected]
Enc: Re: CLLS24-71: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance
Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 9/6/2024
Packet Page. 289
San Bernardino Public Library

THE BASICS YOUR GRANT AWARD
The following provides basic information about your grant and managing your grant.

Award #: CLLS24-71
Library: San Bernardino Public Library
Total Award Amount: $73,200

APPROVED ALS BUDGET
Salary, Wages, and Benefits $50,763
Consultant Fees $ 0
Travel $ 0
Supplies & Materials $2,872
Equipment ($5,000 or more per unit) $ 0
Services $ 0
Subtotal $53,635
Indirect $ 0
Grant Total $53,635

APPROVED FLS BUDGET
Salary, Wages, and Benefits $19,565
Consultant Fees $ 0
Travel $ 0
Supplies & Materials $ 0
Equipment ($5,000 or more per unit) $ 0
Services $ 0
Subtotal $19,565
Indirect $ 0
Grant Total $19,565
Start Date: Upon execution
End Date: June 30, 2025
It can take between eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.

CONTACT
We want your project to be successful. Please work with the program staff listed below to implement your project:

Literacy Analyst: Allyson Jeffredo
Phone Number: (916) 603-6709
Email Address: [email protected] Library Programs Consultant: Beverly Schwartzberg Phone Number: (916) 701-6880
Email Address: [email protected]
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San Bernardino Public Library

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

The claims the indicated allowance for the purposes of carrying out the functions stated in its California Library Literacy Services application and in Sections 18880-18883 of the California Education Code. 555 West 6th Street, San Bernardino, CA 92410

SIGNED DATE
Signature - Authorized representative
Typed/Printed Name and Title of Authorized Representative Email address of authorized representative
Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 9/9/2024
[email protected]
Edward R. Erjavek
Packet Page. 291
San Bernardino Public Library
PROJECT INFORMATION:

Invoice #: CLLS24-71
Project Title: California Library Literacy Services
Grantee: San Bernardino Public Library
Funding Start Date: Upon execution
Term Completion: June 30, 2025
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San Bernardino Public Library
Total Award: $73,200
PAYMENT SCHEDULE:

Libraries receive 90% of their total award amount upon receipt of the award letter.

Libraries receive the final 10% payment of their total award after successful completion of the California Library Literacy Services Mid-Year Report form.

NOTE: Libraries have 15 months to spend their California Library Literacy Services award funds, from July 1, 2024, in which the funds are awarded until September 30 of the following year.

Total award
Initial Payment (90% of total award) $65,880
Final Payment (10% of total award) $7,320
Total: $73,200
REPORTING:

Libraries are required to submit a mid-year financial and narrative report and a final report. Reminder emails will be sent out beginning six weeks before the required report is due.

Manage Your Current Grant website. The reporting schedule is detailed below.

Mid-Year Report Due January 31, 2025
Final Report Due September 30, 2025
NOTE: A budget modification form will be required for all budget changes regardless of amount. Modification forms may be submitted throughout the year but no later than May 31.

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STATE-FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
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San Bernardino Public Library
California Library Literacy Services
2023-2024 CLLS24-71

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TABLE OF CONTENTS
PROJECT SUMMARY 2
PROCEDURES and REQUIREMENTS 3
A. Term of the Agreement 3
B. Scope of Work 3
C. Budget Detail 3
D. Narrative and Financial Reports 4
E. Claim Form and Payment 5
EXHIBIT A: TERMS and CONDITIONS 7
EXHIBIT B: CERTIFICATION of COMPLIANCE FORMS
EXHIBIT C: CALIFORNIA LIBRARY LITERACY SERVICES

GUIDELINES
22 26
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San Bernardino Public Library
California Library Literacy Services
2023-2024 CLLS24-71

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PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and San Bernardino Public Library for the California Library Literacy Services project.

AWARD AGREEMENT NUMBER CLLS24-71
San Bernardino
Public Library
-funded California
Library Literacy Services project.
administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $73,200 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

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California Library Literacy Services
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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
expenditure date is September 30, 2025. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on June 30, 2025, and all eligible program costs must be incurred by this date.

B. Scope of Work

1. application and submitted to the State Library in response to the California Library Literacy Services project.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:

Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP).

Make financial records available to the State Library upon request.

Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.

Prepare and submit required narrative and financial reports.

Procure equipment, and other supplies as needed for the project.

Issue contracts for services, personnel, and consultants as needed for the project.

If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.

Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 Packet Page. 297
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Grantee shall request the distribution of grant funding consistent with its proposal and the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

D. Narrative and Financial Reports

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
July 1 - December 31 Mid-Year Report Due January 31, 2025 July 1 - June 30 Final Report Due September 30, 2025

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

6. In addition to the foregoing, the Grantee shall submit to the State Library such periodic reports, updates, documents and any information as deem necessary by the State Library to monitor compliance and/or perform program Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 Packet Page. 298
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evaluation. Any requested data or information shall be submitted in electronic format on a form specified by the State Library.

E. Claim Form and Payment

1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.

2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.

3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.

5. responsibility to pay all contractors and subcontractors for purchased goods and services.

6. The Final Payment of 10% (if applicable) will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq. The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

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8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

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EXHIBIT A: TERMS and CONDITIONS

1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the current Web Content Accessibility Guidelines, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the California Library Literacy Services project.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
[publication/project] was supported in whole or in part by funding provided by the State of California, administered by the Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:

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c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release release form or contact your grant monitor for the State Libra

3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 Packet Page. 302
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a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

San Bernardino Public Library
Ed Erjavek
555 West 6th Street
San Bernardino, CA 92410
[email protected]
[California State Library]
Allyson Jeffredo
[900 N Street
[Sacramento, CA 95814]
[email protected]
916-603-6709
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1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons contractors and subcontractors is an independent obligation from the the State
shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the e final
report prior to its submission to California State Library.

5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final.

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Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) -free workplace;
3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) -free workplace policy
statement.
2)
condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.

10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 Packet Page. 305
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determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

11. Extension: The State Librarian or designee may extend the final deadline for must be made in writing and received by the California State Library at least 30 days prior to the final deadline.

12. Failure to Perform: The grant being utilized by the Grantee is to benefit the California Library Literacy Services project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.

13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from behalf; or
b. Make Federal or State unemployment insurance contributions on c.

Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

14. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.

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16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

18. Grant Monitor:
progress and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement. The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and, in a manner, consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

19. Grantee: the government or legal entity to which a grant is awarded, and which is accountable to the California State Library for the use of the funds provided.
a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.

20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.

21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreedpersonnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 Packet Page. 307
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any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.

23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.

24. License to Use: The California State Library reserves a fully paid-up, royaltyfree, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third-party rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

25. Limitation of Expenditure: Expenditure for all projects must conform to the regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $73,200 and shall be expended/encumbered in the designated award period.

During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

27. Non-Discrimination Clause: During this grant period, the Grantee and the Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 Packet Page. 308
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harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov.

Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.

Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. d. Personally:
address as stated in this Agreement.

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e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage Agreement.

29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto - herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f.
g. All other attachments hereto, including any that are incorporated by reference.

30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in or modifications to the Work Plan, approved project as described in performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs.
c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.

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d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e.
to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information).
f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.

31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.

33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

34. Privacy Protection: Both parties agree to protect the confidentiality of any non-public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq. 35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.

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36. Public Records Act: Material maintained or used by the California State Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties.

Grantee agrees to ensure that all content contained in its written reports are appropriate for publication. Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.

37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library ensure compliance with this Agreement, with reasonable advance notice.

39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.

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41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $65,880 upon execution of the agreement and submission of claim by the grantee organization.
o A second payment will be made after the submission and approval of the first reports and receipt of claim form in the amount of $7,320.

42. Self- All expenditures for which
reimbursement pursuant to this Agreement is sought shall be the result of -length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For pur - both parties are on equal footing and fair market forces are at play, such as business and - where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

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44. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved.

A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days.

If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.

Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-ofterm or earlier termination, as determined by the State Library in its sole discretion.

48. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of t compliance with
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that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.

49. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

50. personnel. If Grantee hires employees to perform services required by this urance for
them. The Grantee is aware of Labor Code Section 3700, which requires to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

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EXHIBIT B: CERTIFICATION of COMPLIANCE FORM

1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.

2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.

3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.

4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.

5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $73,200. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.

6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).

7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
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2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)

8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decisionmaking process relevant to the contract while employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

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If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.

Contract Code § 10430 (e)).

9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).

10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)

11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.

13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide
implementation (2 C.F.R. part 182) of sections 5152-5158 of the DrugFree Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug-free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.

14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.

15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.

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16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.

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EXHIBIT C: CALIFORNIA LIBRARY LITERACY SERVICES

GUIDELINES

1. California Library Literacy Services programs shall comply with the requirements in Sections 18880-18883 of the California Education Code.

2. California Library Literacy Services programs shall train and recruit volunteers to serve as tutors. Volunteer tutors are the primary instructors for the program.

3. California Library Literacy Services programs shall seek local government and community resources and develop cooperative relations with other local literacy services providers.

4. California Library Literacy Services programs will provide a base level of local and private fiscal support to be established by the California State Library.

5. In response to an expressed and recognized need from the field for specific program requirements, the California State Library and related stakeholders created a framework and program essentials. The framework and essentials describe what constitutes an effective program:
a. California Library Literacy Services programs must use the Roles and Goals framework to implement and evaluate their literacy services. b.
regional Library Literacy Network Meetings.
c. Tutor training for volunteers should include, at a minimum, a program orientation, tutoring basics, and instruction on learner-driven services. d. California Library Literacy Services programs must align with the following program values:
i. California Library Literacy Services is library based; ii. California Library Literacy Services is a core library service; iii. California Library Literacy Services is learner-driven; iv. California Library Literacy Services is community-focused; v. California Library Literacy Services is volunteer-supported; vi. California Library Literacy Services staff is professionally engaged; and
vii. California Library Literacy Services supports families.

6. California Library Literacy Services Family Literacy programs (if applicable) shall provide services to prevent illiteracy through coordinated literacy and preliteracy services to families. Recruitment of parents not previously Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 Packet Page. 320
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included in public library literacy programs is a high priority. Family Literacy programs are implemented and evaluated using the Family Literacy Evaluation Framework. Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 [email protected]
Library Director
9/9/2024
San Bernardino Public Library 555 W. Sixth St.,
San Bernardino, CA. 92410
[email protected] 909-381-8215
Edward R. Erjavek
909-381-8210
Ally Cisneros
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Authorized Representative Signature

ORGANIZATION
Name: Address (official and complete):

AUTHORIZED REPRESENTATIVE
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:

Printed Name of Person Signing: Title: California State Librarian Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 9/6/2024
Greg Lucas
555 W. Sixth St.,
San Bernardino, CA. 92410
San Bernardino Public Library
Edward R. Erjavek Library Director
9/9/2024
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20 August 2024
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-ExecutiveOrder.pdf. to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the EO that as a contractor or grantee, Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctionsprograms-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.

Annly Roman
California State Library
900 N Street
Sacramento, CA 95814
Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 Packet Page. 323

CA LIBRARY LITERACY AND ENGLISH ACQUISITION SERVICES

FINANCIAL CLAIM
1st PAYMENT

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].

State of California, State Library Fiscal Office
ENY: 2024 ITEM NO: 6120-213-0001, Chapter 22, Statutes of 2024 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: LS or N/A
By Date
(State Library Representative)
Grant Award #: CLLS24-71 Date:

Invoice #: CLLS24-71-01 PO #: 7638
Payee Name: City of San Bernardino
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:

Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $65,880 Type of Payment:
(Payable Upon Execution of Agreement) ☒ PROGRESS
Grantee Name: San Bernardino Public Library ☐ FINAL
(Name on Award Letter and Agreement) ☐ IN FULL
Project Title: California Library Literacy Services ☐ AUGMENT For Period From: upon execution to end of grant period
Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 Edward R. Erjavek Library Director
555 W. Sixth St., San Bernardino, CA. 92410
9/9/2024
9/10/2024
Packet Page. 324
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)

CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) ☐ SOLE PROPRIETOR / INDIVIDUAL CORPORATION (see instructions on page 2) ☐ ☐ MEDICAL (e.g., dentistry, chiropractic, etc.) SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)

☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No services performed in California
☐Copy of Franchise Tax Board waiver of state withholding is attached.

Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)

CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form Reset Form
Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 CA
900 N Street
Sacramento 95814 [email protected]
Ca. State Library Admin/Accounting
916-603-7157
Packet Page. 325

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form will prevent delays when processing payments.

Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.

Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. • An estate is a resident if the decedent was a California resident at time of death. • A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual.

Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

All questions should be referred to the requesting state agency listed on the bottom front of this form.

Docusign Envelope ID: 9E31567D-799D-4175-BC8A-B2FBAAFCB063 Packet Page. 326

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 6, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Ernesto Salinas, Interim Director Parks, Recreation & Community Services
Department: Parks, Recreation & Community Services
Subject: Award of the Professional Services Agreement to T&G Global, LLC dba St. Nick’s, in the amount of $192,000
over two years, for the Tree, Lighting and Decorations for Holiday Events. (All Wards)
Recommendation:

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

1. Authorize the City Manager or their designee to execute a Professional Services Agreement with T&G Global, LLC dba St. Nick’s, for Tree Rental, Tree Lighting, and Decorations for Court Street Square Park and Parking lots for the Miracle on Court Street Holiday Event for a 2-year rental term; and

2. Authorize City Manager or their designee to conduct all negotiations, signings, and submittals of necessary documents; and

3. Authorize the Director of Finance and Management Services to issue a purchase order of $96,000 annually for FY 24/25 & 25/26.

Executive Summary
The agreement with T&G Global LLC will ensure the continued success and growth of the Miracle on Court St. event, providing an elevated experience for the community to engage in multiple holiday themed lighting areas and photo memory opportunities.

Additionally, securing a two-year rental agreement locks in the cost, resulting in a total savings of $8,753 (5% annual discount). There is no budget impact associated with this item. The Department's FY24/25 Operating Budget has sufficient funds to cover this agreement.

Packet Page. 327
Background
Since 2022, the Parks, Recreation, and Community Services Department has successfully transformed Court St from a parking lot into a stunning holiday oasis. The Miracle on Court St. event has proven to be a highly successful memory making community celebration, running from 14 to 22 days each year. Initially budgeted at $90,000 in its first year, the event saw a modest increase in subsequent years, which allowed the department to enhance the display with larger Christmas items. In the course of the past year the budget for Miracle on Court St. has increased 75% from the prior year. As the event continues to grow, the need for securing a rental agreement for the Holiday tree and lighting has become essential.

In August 2024, the department was advised to obtain quotes for Tree, Lighting, and Decorations for all holiday events. An RFQ was submitted, and after a comprehensive evaluation, St. Nick’s was selected. They not only met all the department’s requirements but also provided one of the most competitive quotes. The vendor offers a diverse selection of holiday decorations that foster a warm and welcoming atmosphere for community members from all backgrounds.

Discussion
This selection will enable the department to maintain the high quality of the Miracle on Court St. event while optimizing costs. The Tree, Lighting and Decoration project was advertised for public bidding on August 1,2024, on PlanetBids. Six sealed bids were received, and opened on August 29,2024, as follows:

Bidder Base Bid
The Christmas King 92,000.00
St. Nicks 95,386.94
Décor IQ LLC 100,164.75
Dekra-Lite Industries Incorporated 116,070.00
BrightLife Designs 116,250.00
CLIPA, LLC 173,000.00
After a thorough review of the submitted quotes, the staff has decided to proceed with T & G Global, LLC, operating as St. Nick’s. While it is noteworthy that Christmas King provided the lowest quote, their quote presented a limited selection of items, which did not fully meet our requirements. One significant requirement that was not fulfilled was the inclusion of the walkthrough tree, which has been a major attraction for the community. Staff have carefully assessed the quotes, considering both cost and the vendors' ability to provide multi-year options with potential savings. By selecting T&G Global, LLC, the team was able to evaluate the cost benefits of a two-year lease versus a one-year lease. The two-year rental agreement will result in a savings of $8,753 (5% annual discount), with a yearly cost of approximately $96,000.

Packet Page. 328
St. Nicks Rental Pricing
(without installation) Total 2 Years 3 Years
Equipment Rental $87,532.93 $83,156.28 $80,967.96
TOTAL
w/Installation
$95,386.94
Additionally, T & G Global, LLC offered a more comprehensive range of options, allowing for greater flexibility and better alignment with our needs. Given the importance of variety and quality in our selection process, staff determined that the broader offerings from T & G Global, LLC justified moving forward with their quote, which was the next lowest.

This decision aims to ensure that we secure the best value while also meeting the diverse needs of our project. With this vendor, Miracle on Court St. will continue to feature the popular walkthrough tree, along with numerous ornaments that provide participants with delightful photo opportunities.
2021-2025 Strategic Targets and Goals
This request aligns with Key Target 3b. Improved Quality of Life – Develop a customer service initiative by providing events that engage city with partners, businesses and residents.

Fiscal Impact
There is no fiscal impact associated with this item. The Department's FY24/25 Operating Budget has sufficient funds to cover this agreement.

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

2. Authorize City Manager or their designee to conduct all negotiations, signings, and submittals of necessary documents; and

3. Authorize the Director of Finance and Management Services to issue a purchase order of $96,000 annually for FY 24/25 & 25/26.

Attachments
Attachment 1 PSA for Tree, Lighting, and Decoration for Holiday Events
Attachment 2 RFQ-F-24-4015
Attachment 3 Vendor Quote
Packet Page. 329
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
Packet Page. 330
1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND T & G GLOBAL LLC, dba ST. NICK’S
This Agreement is made and entered into as of November 6, 2024 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and T & G GOBLA, LLC. dba ST. NICK’S, a LIMITED LIABLILITY CORPORATION with its principal place of business at 6861 WALKER STREET, LA PALMA, CA 90623 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

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

HOLIDAY LIGHTING, DECORATIONS AND TREE (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” Packet Page. 331
2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $192,000.00. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.

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

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

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

6. Term. This Agreement shall commence on the Effective Date and continue through January 31 ,2026, unless the Agreement is previously terminated as provided for herein (“Term”).

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

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

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Packet Page. 332
3 Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

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

Packet Page. 333
4 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

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

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

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

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

Packet Page. 334
5 (ii) 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. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).

Packet Page. 335
6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

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

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver 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.

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8 (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification.

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9 (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the Packet Page. 339
10 negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

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

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

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

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

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

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

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

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon Packet Page. 341
12 payment in full for the services described in this Agreement, be furnished to and become the property of the City.

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

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

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

CITY:

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

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

T&G Global, LLC
6861 Walker Street
La Palma, CA 90621
Attn: Daniel Christenson
Sales Director

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

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

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

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

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

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

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

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

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

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

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

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

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

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND T&G GLOBAL LLC, DBA ST. NICK’S
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY:

Rochelle Clayton
Acting City Manager
ATTESTED BY:

Signature
Name
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Title
Best Best & Krieger LLP
City Attorney
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16 EXHIBIT A
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17 Exhibit B
Performance

CITY OF SAN BERNARDINO
2024/ 2025 CONTRACT

WALKTHROUGH/ PHOTO OP INSTALLATION
A) Nature of and Limitations on Services
City of San Bernardino (“Client”) hereby engages T&G Global, LLC (T&G) d/b/a St. Nick’s Christmas Lighting & Décor (St. Nick’s) to install a total of 5 – 12FT Walkthroughs/ Photo Op.

T&G has not undertaken nor is T&G required to make any independent investigation or verification of the information (either written or oral) supplied by the Client. As such, T&G has relied on documents and other information furnished to us by the Client and personnel in developing its scope of work detailed in the Proposal.

B) General Description of Services and Limitations on Liability Installation of 7 Photo Ops. (1) 34FT walkthrough Tree, (1) 12FT Walkthrough Ornament, (1) 8FT Photo Frame, (1) 12FT Walkthrough Gift Box, (1) 12FT Walkthrough Star, (1) 16FT Walkthrough Star, (1) 20FT Christmas Tree. ADDENDUM A below.

It is agreed that T&G will not be liable to the Client, or to anyone who may claim any right due to its relationship with the Client, for any acts or omissions or alleged acts or omissions in the performance of services by us to or for the Client, except where T&G’s acts or omissions are due to T&G’s willful misconduct or gross negligence. T&G shall not be responsible for losses suffered by Client or other persons on the Client’s property for inconvenience, personal discomfort, or temporary loss of use or enjoyment of the Property as a result of Client’s decision to engage T&G’s services hereunder, or for damages to person or property resulting directly or indirectly from causes beyond T&G’s control. In addition, and without limiting the foregoing, the Client will hold T&G and its shareholders, officers, directors and employees (collectively, "T&G"), free and harmless from and shall defend and indemnify T&G from any and all liabilities, damages, losses, judgments, claims, actions and lawsuits arising out of or connected in any way with services rendered by T&G to the Client. Any liability of T&G, including liability for damages, costs, and/or expenses of any kind, shall not exceed the compensation received by T&G under this Contract during the year in question. This obligation will survive the Packet Page. 347
18 termination of T&G’s contract with the Client and will be binding on the Client's successors and assignors.

C) Scope for Each Installation, Installation Dates, Client’s Responsibilities Scope of Installation: T&G will install, decorate, remove the following decorations:

See ADDENDUM A.

Installation Date: T&G will do its best to complete the installation on the date City of San Bernardino chooses: However, installations may be delayed for reasons beyond T&G’s control, including but not limited to denial of proper access to installation spaces; electrical deficiencies at the project site; and, unsafe, inclement weather for outdoor installations.

Installation dates are based upon a reservation system, especially during peak season. It is recommended that Client confirm the start dates as soon as possible to secure the dates.

Installation Methods: T&G will likely use bolts, cables, staples, hooks, screws, glue or similar devices that are commonly used in installations. T&G will use reasonable efforts to avoid damage to Client’s property, but T&G will not be responsible for any damage resulting from the reasonable use of these attachment devices or for the removal of them. For areas that do not have power receptacles, it is the Client’s responsibility to provide the electrical source for the displays.

Client’s Responsibilities At the time each installation is completed, the Client shall conduct a visible inspection to determine that the job was completed in accordance to the agreed upon work assignment. Should the Client discover any problems, Client shall inform T&G within 24 hours. T&G will return to the job site and correct any agreed upon problem. After 24 hours, all installation services will be deemed as performed in an acceptable manner.

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19 D) Fee Schedule
Detailed below are the fees for our services. Please initial in the space below.

Service Fees
Amount Initials
2024/2025 (Rental of 5 12FT Walkthroughs/ Photo Op):

1. See addendum A for installation services

2. Certificate of Insurance
$95,386.94
$0
[ ]
[ ]
Deposits: A 50% deposit is required for each year of the contract, and the deposits paid will be reduced from the amounts owned by the Client under this contract. The 2023 deposit is required upon signing the contract.

Additional Work: In the event the Client desires to have additional work performed, the Client should request a written quote for additional charges for the additional work. The client agrees to pay for the agreed additional services on the payment terms above.

Additional Fees & Expenses: In addition to the above fees for each review, the following fees and expenses may occur:
• Service Call: Faulty electrical outlets, test reset switches or GFIs or main breaker trips will be subject to a service call fee as they can be simply reset on Client’s end and will be subject to a $250 service trip charge.
• Meetings: For each installation, T&G will conduct an Entry Meeting and an Exit Meeting.

In addition, T&G personnel may initiate meetings throughout the installation in order to discuss specific topics or issues that may arise. The above stated fees include the following meetings: Entry Meeting (2-4 hours); Exit Meeting (1 hour); and discussions during the onsite portion of the review that are initiated by T&G personnel. If additional time is warranted for the Entry Meeting or the Exit Meeting, or if the Client’s personnel initiate additional meetings or discussions, T&G will be compensated for the additional time.

Compensation will be based on the following rates:
o T&G Management = $125 / hour.
o T&G Staff Personnel (Crew Chief, Installers) = $65 / hour. • Time Required Outside of Installation: If there are instances, in which T&G personnel are required to be on the assignment and T&G personnel are not allowed to perform the installation services due to the Client not providing access to the installation areas or requiring that work not be performed due the needs of the Client, then an hourly fee will be assessed to the Client for their time (i.e. waiting time or travel time). Compensation will be based on the following rates:
o T&G Management = $100 /hour.

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20 o T&G Staff Personnel (Crew Chief, Installers) = $50 /hour. • Insurance Coverage & Bonds Requested by Client: Should the client request any changes to T&G’s insurance coverage and/or bonds (subrogation, added loss payee, performance bond, payment bond), then the cost of those items will be passed on to the client at cost plus 10%, however, a minimum fee of $350 will be charged.
• Billings: Final billings will be submitted upon the completion of each installation. Reasonable expenses associated with each service will also be charged and may include such items as:
copying; binding; postage; travel; and parking. All invoices are due upon presentation. Any outstanding amount more than thirty (30) days will be charged a 1.5% fee per month until paid.

Attorney fees associated with the collection of any past due amount will be added to the amount owed by the bank.

E) Contract Commencement, Expiration and Option to Extend

1. Commencement: This engagement letter commences with the signing of this engagement letter.

2. Expiration: This contract is effective until January 31, 2025.

F) Limited Warranty
T&G provides a one- year limited warranty for lights and equipment. For problems that are caused by the Client or outside the fault of the Client, the Client will be charged for damaged product and billed our normal retail price for replacement, and for services related thereto, including damages caused by weather conditions, gardeners, children, vandals or similar. Faulty electrical outlets, test reset switches or GFIs or main breaker trips will be subject to a service call fee – please refer to the Billing section of this contract. LED technology is changing rapidly. LEDS are made in lots and sorted into bins base on wavelength ranges that achieve colors. Products ordered at different times may not have the same color appearance due to variations.

G) Miscellaneous
Promotional Activities: T&G reserves the right to photograph and use all photos taken in any and all advertising materials for future projects. Any commercial photographic images of the Christmas décor or event lighting by anyone other than T&G must contain a prominent reference to St. Nick’s.

Hiring Employees: The Client and T&G agree that if the Client hires an employee, officer or other staff (“employee”) of T&G it will pay T&G an amount equal to 40% of the first years’ salary and bonus paid to the employee. This provision is effective during the term of this agreement and for one year after its expiration or termination. Payment will be due on the date the employee starts work and any additional payment (i.e. bonus, salary increase, or similar payment) will be paid whenever it is received by the employee. In addition, and in order to avoid any appearance of a conflict of interest, the Client will not conduct any employment interview, make any offer of employment, or indicate in any way to an employee that the Client may wish to hire them until after each year’s installation.

Confidentiality: T&G and the Client agree to the following:
1) Neither party shall use or disclose to any person, except its respective employees, independent contractors, and other representatives having a specific need to know in Packet Page. 350
21 performance of their work or as permitted by law, the terms of this Agreement or any proprietary or confidential Information of one party disclosed to the other under this Agreement. For the purpose of this Agreement, proprietary or Confidential Information shall not include information which is or becomes:
a) part of the public domain without violation of this Agreement; b) known by the receiving party prior to disclosure by the disclosing party; c) rightfully received by the receiving party from a third party having the right to disclose such information; or,
d) developed by the receiving party independent of the disclosing party's otherwise proprietary or Confidential Information.
2) T&G will not provide to third parties for marketing purposes, Confidential Information delivered to it under this Agreement except as authorized by the Client. This Agreement does not apply to disclosures of nonpublic personal information in the following instances:
a) To assist in protecting against or preventing actual or potential fraud or unauthorized transactions; and,
b) To comply with Federal, State, or local laws, rules and other applicable legal requirements; to comply with a properly authorized civil, criminal or regulatory investigation, or subpoena or summons by Federal, State or local authorities; or to respond to judicial process or government regulatory authority having jurisdiction over a financial institution for examination, compliance or other purposes as authorized by law.
3) T&G has implemented and will maintain an Information Security Program to protect nonpublic personal information provided to T&G, and the program includes administrative, technical, and physical safeguards. The information security measures are designed to:
a) Protect the security and confidentiality of client confidential information; b) Protect against any anticipated threats or hazards to the security or integrity of such client information;
c) Protect against unauthorized access to or use of such client records and information that could result in substantial harm or inconvenience to the Client; d) Provide response programs to address incidents of unauthorized access to the Client’s information; and,
e) Ensure the proper disposal of client information.
4) T&G will monitor compliance with these safeguards as appropriate. 5) Upon termination of this Agreement, T&G may retain, in a secured manner, copies of data required for archival or audit purposes, or as required by law.

Right to Refuse Service: St. Nick’s retains the right to refuse service for reasons inconsistent with public policy.

Reservation of Intellectual Property: Intellectual Property includes (but is not limited to) installation designs, artistic renderings, unique installation methods, procedures, and processes created by and utilized by T&G. T&G’s Intellectual Property is not licensed under this Agreement and is retained by T&G. Any use of T&G’s Intellectual Property by the Client is forbidden. Should the Client use T&G’s intellectual property, then the Client will pay T&G the amount of the fees associated with the intellectual property.

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22 Client Contact Person: The Client will provide the names, email addresses, office telephone numbers, and cell phone numbers of the Primary Contact Person and a Back-up Contact Person when the signed contract is returned to T&G. In addition, the Client will inform T&G as soon as possible of many changes to the contract persons.

Material Change in the Physical Installation Locations and Other Significant Changes to Performing work under this contract: The Contact Person will be responsible for informing us of any material change to the installation areas, new installation locations, altered areas/locations, and/or structural changes (collectively “material change”) related to the areas that T&G is to perform its installations. This is to ensure that T&G properly plans and manages the installations. Should any material change occur, then the scope of the services may need to be changed and so may the cost. Therefore, once T&G has been informed of (or T&G discovers) a material change, T&G will then review the scope and if a change in scope is needed, T&G will then inform the Contact Person so that any changes can be approved.

Dispute Resolution:
• MEDIATION – In the unlikely event that a dispute arises out of this engagement and it cannot be settled through negotiations, Client and T&G agree to try in good faith to settle the dispute by non-binding mediation administered by the American Arbitration Association under its mediation rules before resorting to litigation. Both parties shall share mediation costs equally.
• JURY TRIAL – In the unlikely event that differences concerning T&G’s services or fees arise between us that are not resolved by mutual agreement or mediation, Client and T&G agree to waive a trial by jury to facilitate judicial resolution and save the time and expense of both parties.
• ATTORNEY’S FEES – In any dispute between the parties arising out of this agreement, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this agreement.

Enforcement: If any of the provisions of this Contract shall be held to be indefinite, invalid, illegal or otherwise unenforceable, in whole or in part, for any reason, by any court of competent jurisdiction, the remainder of the provisions of this Contract shall continue in full force and effect and shall be construed as if such indefinite, invalid, illegal or unenforceable provision had not been contained herein.

Consistency: In the event of any inconsistency between the Proposal and these Terms and Conditions, these Terms and Conditions will control.

Limited Offer: If this Proposal is not signed and accepted within 30 days, this proposal must be reissued by T&G.

COVID-19: Should the client be closed due to a public safety order between the scheduled installation and removal of the holiday decorations or should St. Nick’s not be able to perform the installation due to a public safety order, then any money deposited will be applied to future work. Once the decorations are installed, then the normal contract provisions should be in force. Should the removal of the decorations be delayed due to a public safety order, then the Packet Page. 352
23 decorations will be removed once the public safety order in no longer in effect and the client schedules their removal with St. Nick’s.

The foregoing has been confirmed and agreed by:

T&G Global, LLC
6861 Walker Street
La Palma, CA 90621
City of San Bernardino
201 N. E Street
San Bernardino, CA 92401
Packet Page. 353
Bid Detail
Tree, Lighting, and Decorations for Holiday Event RFQ F-24-40… Project Title Tree, Lighting, and Decorations for Holiday Event Invitation # RFQ F-24-4015
Bid Posting Date 08/01/2024 12:55 PM (PDT)
Project Stage Closed
Bid Due Date 08/29/2024 3:00 PM (PDT)
Response Format Electronic
Project Type RFQ (Request for Quote)
Response Types Line Items
Cost File
Response File
General Attachment
Type of Award Lump Sum
Categories 238210 - Electrical Contractors and Other Wiring Installation Contractors 327113 - Porcelain Electrical Supply Manufacturing
335110 - Electric Lamp Bulb and Part Manufacturing
335121 - Residential Electric Lighting Fixture Manufacturing 335122 - Commercial, Industrial, and Institutional Electric Lighting Fixture Manufacturing
335129 - Other Lighting Equipment Manufacturing
423620 - Electrical and Electronic Appliance, Television, and Radio Set Merchant Wholesalers
713110 - Amusement and Theme Parks
713120 - Amusement Arcades
713990 - All Other Amusement and Recreation Industries
License Requirements
Department Finance
Address 290 North "D" Street
San Bernardino, California
92401
County San Bernardino
Bid Valid
Liquidated Damages
Estimated Bid Value
Start/Delivery Date
Project Duration
Packet Page. 354
Pre-Bid Meeting Information
Online Q&A
Contact Information
Description
Pre-Bid Meeting Yes - Not Mandatory
Pre-Bid Meeting Date 08/14/2024 11:00 AM (PDT)
Pre-Bid Meeting Location Court Street Square 349 N E Street San Bernardino, CA 92401.

Online Q&A Yes
Q&A Deadline 08/15/2024 3:00 PM (PDT)
Contact Info Jennifer Broadnax 909-384-5242 x3241
[email protected]
Bids to
Owner's Agent
Scope of Services The City of San Bernardino Parks, Recreation and Community Services Department would like to obtain professional service from qualified bidder(s) for the Parks, Recreation and Community Services Department for Rental of Holiday Tree and Holiday Lighting.

See bid documents for the full specifications.

Other Details
Notes
Special Notices
Local Programs & Policies
Packet Page. 355
All rendering artwork, photos , and
des ign concept s are propert y of:

ST-NICKS.COM
PROPOSAL PRESENTED BY:

LUIS MON TA Ñ EZACCOU N T EXECUT IVE
2 0 2 4 H O L I D A Y S E A S O N
P R E P A R E D F O R :

C I T Y O F S A N B E R N A R D I N O

PROPOSAL
Packet Page. 356
We appreciate the trust you will be placing in St. Nick’s should you award us the contract. Rest assured we have
invested a great deal of time into planning and execution of our designs. Our team includes structural engineers, sound technicians, and our cadre of experts to ensure that our unique plans can be implemented within your budget
and time frames. St. Nick’s has high standards for quality products and energy-efficient LED lighting. We strive hard to ensure that the continuing of St. Nick’s service will be as easy as possible for the staff. In fact, we truly hope that by moving beyond just lights and decorations, we will make your jobs easier and help you continue to shine time after time.

ST-NICKS.COM
St. Nick’s is excited to submit this holiday décor proposal that is assured to brighten your property. We appreciate the opportunity to partner with you this season. Other
amazing clients, such as City of West Hollywood, The Pike Outlets, the City of Carson, The Music Center in
Downtown Los Angeles, and many others have trusted St.

Nick’s with their special lighting projects
There are many good reasons why our clients continue to utilize our services year after year, which not only
includes our innovation capabilities but also our nod to professionalism. We appreciate the complexities and
intricacies involved with large scale projects. We are
confident that our technical abilities combined with our focused attention to detail will meet and exceed all your expectations. Our design plan includes many visual
delights as you’ll see flipping through the pages of this proposal.

Luis Montañez, Account Executive
[email protected]
Thank you,
Luis Montañez
Packet Page. 357
ST-NICKS.COM
Nicholas Adams
Founder and Legal Compliance
Wade Francis
Chief Financial Officer
Brenda Sheridan
Director of Operations
Daniel Christenson
Director of Sales
Luis Montanez
Account Executive
Stephanie Escobar
Creative Director
Carlos Vasquez
Sr. Installer & Project Manager
Alonso Salazar
Sr. Installer & Project Manager

COMPANY PROFILE
Founded 1998 business, dba St. Nick’s (25 years)
T&G Global, LLC (CA)
Tax ID #68-0636192
14 full-time employees, 30-45 seasonal staff
B-General Building Contractor #990427
Certified Small Business Supplier #1626660
County of Los Angles Small Business Enterprise (LSBE)
Vendor #16942501
Business Address: 6861 Walker Street, La Palma, CA
90623
Telephone: (562) 438-0017
Fax: (562) 437-4242
Contact Name: Luis Montanez, Account Executive
Website: www.St-Nicks.com
Packet Page. 358
ST-NICKS.COM
34FT FRAME TREE WITH LED TOPPER.

FUL LY DECORATED WITH OVER 1,200
ORNAMENTS AND FLORALS.(SAME

TREE AS LAST YEAR)
Walkthrough X Mas Tree
Packet Page. 359
12' RED AND WHITE SNOWFLAKE WITH

RED PVC AND TWINKL ING L IGHTS

INSIDE THE ORNAMENT
ST-NICKS.COM
Walkthrough
Ornament
Walkthrough
Ornament
Packet Page. 360
ST-NICKS.COM
6' MISTLETOE DISPLAY W/ RED

BOW AND WHITE BERRIES
6FT Mistletoe
Packet Page. 361
14' LED WHITE AND RED
WALKTHROUGH CANDYCANES. ST-NICKS.COM
14FT Walkthrough Candy Canes
Packet Page. 362
ST-NICKS.COM
12' RED CHRISTMAS ORNAMENT, LED WARM
WHITE L IGHTS, RED PVC MESH RED BENCH.
12FT Sit Down Ornament
Packet Page. 363
ST-NICKS.COM
14' WALKTHROUGH LED WREATH

ARCH WITH MULTI COLOR
ORNAMENTS.
14FT Wreath Arch
Packet Page. 364
ST-NICKS.COM
12' WALKTHROUGH GIFT BOX WITH

WARM WHITE, GREEN AND BLUE LED

L IGHTS
12FT
Walkthrough
Giftbox
12FT
Walkthrough
Giftbox
Packet Page. 365

LED L IGHTED PHOTO OP WITH ELF

PERFECT PHOTOS WITH GUEST
ST-NICKS.COM
Elf Lighted Bench
Photo Op
Elf Lighted Bench
Photo Op Packet Page. 366
ST-NICKS.COM

RED LED SANTA MAI L BOX WITH SLOT FOR
LETTERS Packet Page. 367
ST-NICKS.COM
Rental Pricing
Packet Page. 368
Purpose of Proposal: Rental of Commercial
Holiday Decoration
Contact: Jennifer Broadnax (Procurement
Contract Specialist, Purchasing Division)
Email: [email protected]
Phone: 909.384.5233 ext 5120
Project Date: 11/2024 - 12/02/2024
Installation Address: Court Street Square
349 N. E. Street, San Bernardino, CA 92401
All material appearing on the St. Nick’s Christmas Lighting & Décor Proposal (“content”) is protected by copyright under U.S. Copyright laws and is the property of St. Nick’s Christmas Lighting & Décor. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may you distribute any part of this content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database, or to show a preferred layout for presenting creative concepts.

You may not alter or remove any copyright or other notice from copies of the content on St. Nick’s Christmas Lighting & Décor Proposal. For questions or concerns please contact [email protected]
This quote is valid for 30 days.

To execute installation,
please initial each additional
option and sign below. Final
agreement to follow.
________________________________________
Authorized Signer
________________________________________
Printed Name
____________
Date
Luis Montañez, Account Executive
[email protected]
Thank you,
Luis Montañez
Packet Page. 369

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 6, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Final Tract Map No. 20376 for 9 Townhouse Residential Units at the Northwest Corner of E. Pacific Street and N. Garden Drive (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-218:

1. Approving Final Tract Map No. 20376 (Subdivision 20-06) involving the subdivision a parcel (APN 0147-231-07) containing approximately 0.77 acres and the development and establishment of a townhouse development comprised of nine (9) detached residential units, located at the northwest corner of E. Pacific Street and N. Garden Drive;

2. Accepting the public dedications as set forth on said map; and

3. Authorizing execution of the standard form of agreement for the subdivision improvements.

Executive Summary
The project consists of subdividing a 0.77-acre parcel into a townhouse development with nine detached residential units, which was approved by the Planning Commission on April 12, 2022. The final tract map has been reviewed by the City Engineer and determined to be in compliance with the Subdivision Map Act, the City’s ordinances regarding subdivisions, and all conditions of approval.

Background
On April 12, 2022, the Planning Commission adopted Resolution No. 2022-016 approving Subdivision 20-06 (Tentative Tract Map 20376) and Development Permit Packet Page. 370
Type-D 20-08, allowing the subdivision of a parcel containing approximately 0.77 acres and the development and establishment of a townhouse development comprised of nine (9) detached residential units located at the northwest corner of E. Pacific Street and N. Garden Drive (APN: 0147-231-07) within the Residential Medium (RM) zone.

On June 11, 2024, the Planning Commission adopted Resolution No. 2024-018 approving Extension of Time 24-02 and allowing a one-year extension of time for Subdivision 20-06 (Tentative Tract Map 20376) and Development Permit Type-D 20-

08. Discussion
The proposed project consists of subdividing a parcel (APN 0147-231-07), approximately 0.77 acres in size, and developing a townhouse community with nine detached residential units at the northwest corner of E. Pacific Street and N. Garden Drive.

Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of San Bernardino Development Code and the Subdivision Map Act, the applicant has submitted a Final Map for action and final acceptance by the Mayor and City Council.

The City Engineer has reviewed the Final Map for Tract No. 20376 and determined it is in compliance with the Subdivision Map Act, the City’s subdivision ordinances, and all conditions of approval.
2021-2025 Strategic Targets and Goals
The adoption of a Resolution approving the Final Map for Tract No. 20376 aligns with Goal No. 1 Financial Stability. Specifically, the transformation of existing vacant underutilized properties into productive single-family residential lots for the purpose of developing single-family residential homes meets the City’s economic development goals.

Fiscal Impact
There will be no fiscal impact. All public infrastructure improvements required for this subdivision will be constructed by the developer at its sole cost. City services will be provided to this project similar to other residential projects in the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-218:

2. Accepting the public dedications as set forth on said map; and Packet Page. 371

3. Authorizing execution of the standard form of agreement for the subdivision improvements.

Attachments
Attachment 1 Resolution 2024-218
Attachment 2 Final Map for Tract 20376
Attachment 3 Tract 20376 Improvement Agreement
Attachment 4 Project Bonds
Attachment 5 Resolution No. 2022-016 (Planning Commission) Attachment 6 Resolution No. 2024-018 (Planning Commission) Ward:

Second Ward
Synopsis of Previous Actions:

On April 12, 2022, Planning Commission adopted Resolution No. 2022-016 approving Subdivision 20-06 (Tentative Tract Map 20376) and Development Permit Type-D20-08.

On June 11, 2024, Planning Commission adopted Resolution No. 2024-018 approving Extension of Time 24-02 for Subdivision 20-06 (Tentative Tract Map 20376).

Packet Page. 372
Resolution No. 2024-218
Resolution 2024-218
November 6, 2024

Page 1 of 3 ends

Mayor and City CouncilNovember 6, 2024

Mayor and City Council
November 6, 2024