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Agenda packet

Mayor and City Council
February 21, 2025

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February 21, 2025
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Mayor and City Council of the City of San Bernardino Page 1

CITY OF SAN BERNARDINO

REVISED AGENDA

FOR TH E

SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR

AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE

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

THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY

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

CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS

FINANCING AUTHORITY
FRIDAY, FEBRUARY 21, 2025
5:55 PM ­ OPEN SESSION AND CLO SED SESSION TO IMMEDIATELY FOLLOW FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET, SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG COUNCILMEMBER FLORES WILL BE PARTICIPATING REMOTELY:
12125 DAY ST. SUITE E-207, MORENO VALLEY, CA 92553
Theodore Sanchez Helen Tran Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Tanya Romo
COUNCIL MEMBER, WARD 2 ACTING CITY MANAGER
Juan Figueroa Sonia Carvalho
MAYOR PRO TEM, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, WARD 4 CITY CLERK
Kim Knaus
COUNCIL MEMBER, WARD 5
Mario Flores
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK: https://tinyurl.com/mccpubliccomments Please contact the City Clerk's Office (909) 384­5002 two working days prior to the meeting for any requests for reasonable accommodations
• To view PowerPoint presentations, written comments, or any revised documents for this meeting date, select the link https://tinyurl.com/agendabackup From the City's homepage www.sbcity.org select the Government category ­> City Clerk ­> on the N
avigation menu select Search for Records Online ­> Council Agendas ­> Current Year 2025 ­> Meeting Date
Mayor and City Council of the City of San Bernardino Page 2

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Mayor Pro Tem, Ward 3 Juan Figueroa
Council Member Ward 4 Fred Shorett
Council Member, Ward 5 Kim Knaus
Council Member, Ward 6 Mario Flores
Council Member, Ward 7 Dr. Treasure Ortiz
Mayor Helen Tran
Acting City Manager Tanya Romo
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:55 PM

PLEDGE OF ALLEGIANCE

PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA

DISCUSSION

1. Adoption of Resolution No. 2025­24 7 Appointing an Interim City Manager (All Wards) R
ecommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-247, appointing William J. Gallardo as Interim City Manager.

CONSENT CALENDAR

2. Resolutions updating the Bank and Investment Account Signature Authority (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt
the attached Resolutions 2025-248 through 2025-257 updating the City’s and S
uccessor Agency’s bank and investment account signature authority.

3. Professional Services Agreement with Robert Windle for Labor Negotiations Consultation (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute a Professional Services Agreement wit h
R
obert Windle for labor negotiations consultant services.

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

CLOSED SESSION

A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS
(Criteria, Timing, Goal Setting, and Other Preliminary Matters) Titles: Interim City Manager
B) CO

NFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager
Employee Organization: General Unit (Teamsters Local 1932), Management Confidential Group (SBCMA),
Mid Management Unit (Teamsters Local 1932),
Police Dispatch Unit (SBPDA),
Police General Unit (AFSCME District Council 36),
Police Management Unit (PMA),
and
Po
lice Safety Unit (SBPOA)
C

LOSED SESSION REPORT

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, March 5, 2025, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

Mayor and City Council of the City of San Bernardino Page 4

CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, Chief Deputy City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the February 21, 2025 Special Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Thursday, February 20, 2025.

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

Telicia Lopez
Telicia Lopez, CMC
Chief Deputy City Clerk
Mayor and City Council of the City of San Bernardino Page 5

NOTICE OF A SPECIAL MEETING OF THE

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
DATE: Thursday, February 20, 2025
SUBJECT: Special Meeting on Friday, February 21, 2025 NOTICE IS HEREBY GIVEN that the San Bernardino City Council has c alled a Special Meeting for Friday, February 21, 2025, at 5:55 p.m. to be held at Feldheym Public Library, located at 555 West 6th Street, San Bernardino, CA 92376.

S
aid meeting shall be for the purpose of considering the following:

DI

SCUSSION

1. Adoption of Resolution No. 2025­24 7 Appointing an Interim City Manager (All Wards) R
ecommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-247, appointing William J. Gallardo as Interim City Manager.

CONSENT CALENDA

2. R
esolutions updating the Bank and Investment Account Signature Authority (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt
the attached Resolutions 2025-248 through 2025-257 updating the City’s and S
uccessor Agency’s bank and investment account signature authority.

3. Professional Services Agreement with Robert Windle for Labor Negotiations Consultation (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute a Professional Services Agreement wit h
R
obert Windle for labor negotiations consultant services.

C

LOSED SESSION
A) PU

BLIC EMPLOYEE PERFORMACE EVALUATION PROCESS
(Criteria, Timing, Goal Setting, and Other Preliminary Matters) Titles: Interim City Manager
B) CO

NFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager
Employee Organization: General Unit (Teamsters Local 1932), Management Confidential Group (SBCMA),
Mid Management Unit (Teamsters Local 1932),
Police Dispatch Unit (SBPDA),
Police General Unit (AFSCME District Council 36),
Police Management Unit (PMA),
and
Po
lice Safety Unit (SBPOA)
Mayor and City Council of the City of San Bernardino Page 6

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, March 5, 2025, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

N
otice of this Special Meeting is furnished to the Mayor, each member of the City Council, City Staff, community members on the agenda notification list, and the newspapers within the City of San Bernardino.

To be added
to the distribution list, please email [email protected] Telicia Lopez
Telicia Lopez, CMC, Chief Deputy City Clerk
Mayor and City Council of the City of San Bernardino Page 7 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized.

An
y member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments.

Said total period for public comments shall not exceed 60 minutes, unless such time lim it is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

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

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

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

Mayor and City Council of the City of San Bernardino Page 8

PUBLIC COMMENT OPTIONS
P
lease use ONE of the following options to provide a public comment:

W
ritten comments can be emailed to [email protected]. Written public comments received up to 2:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup .

A
ttend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 2:30 p.m. deadline will not be accepted.

P
lease note: Messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe.

Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting.

MEETING TIME
NO
TE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21, 2024:
“
Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M.to discuss specified items.” 2 5
9 9

DISCUSSION
City of San Bernardino
Request for Council Action
Date: February 21, 2025
To: Honorable Mayor and City Council Members
From: Tanya Romo, Acting City Manager; Andrea Russell, Director of Human Resources
Department: City Manager, Human Resources
Subject: Adoption of Resolution No. 2025-247 Appointing an Interim City Manager (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-247, appointing William J. Gallardo as Interim City Manager.

Executive Summary
Approving a resolution for employment of an Interim City Manager, effective February 21, 2025.

Background
On February 5, 2025, the City Manager position became vacant. Although the City has commenced recruitment for a regular appointment to the position, the recruitment will take some time. As such, it is prudent to appoint an interim City Manager to ensure the continued efficient operation of the City.

Discussion
William J. Gallardo retired as City Manager of the City of Brea effective December 31, 2024. With over 35 years of experience in administration and management, he is an ideal candidate for the interim appointment. Accordingly, staff recommends that the City Council appoint Mr. Gallardo as interim City Manager effective February 21, 2025.

As a CalPERS retiree, the appointment of Mr. Gallardo as interim City Manager is subject to the working after retirement rules codified at Government Code sections 7522.56 and 21221(h), including the 180-day waiting period which must be waived by the City Council.

The California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) requires a Packet Pg. 9
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180-day waiting period before a retiree can return to work for a public agency; however, the 180-day waiting period is not applicable if the employer adopts a resolution establishing the critical need for the appointment as is the case here so long as the retiree did not retire with a retirement incentive such as the CalPERS golden parachute (i.e., 2 years additional service credit). In addition to the requirements of PEPRA, the appointment of a retiree to a vacant position must comply with section 21221(h) of the Public Employees’ Retirement Law (“PERL”). In accordance with PERL, the appointment is permissible if it is made during the recruitment for a regular appointment to the position and it is approved by the governing body of the employer in a public meeting and not on a consent calendar.

As a CalPERS retiree, Mr. Gallardo will only be authorized to work 960 hours in a fiscal year (July 1 to June 30) combined for any retired annuitant appointment during the fiscal year, unless an exception applies. Further, he cannot be paid more than what the City would otherwise pay a person filling the City Manager position according to its publicly available pay schedule. In addition, the City must initiate active recruitment efforts for a permanent appointment to the City Manager position no later than the day that Mr. Gallardo begins his interim appointment. Staff has worked with the City Attorney’s Office to ensure that additional requirements will be met.

Under applicable law, the City Council must pass a resolution that makes certain findings before it can employ a CalPERS retiree on an interim basis, including waiving the 180-day waiting period. The attached Resolution No.2025-247 provides for the appointment of Mr. Gallardo prior to the expiration of the 180-day waiting period in conformity with the requirements of Government Code sections 75422.56 and 21221(h).

The Resolution reflects Mr. Gallardo’s appointment as interim City Manager, his hourly rate of $160.47 (calculated pursuant to the requirements of Government Code section 21221(h)), and the term of the appointment. If approved by the City Council, the appointment would be effective immediately after conclusion of the meeting and would continue, unless terminated earlier by the City or Mr. Gallardo. 2021-2025 Strategic Targets and Goals
The authorization to execute the employment agreement aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community.

Fiscal Impact
Mr. Gallardo would be paid an hourly rate of $160.47 per hour, which is not less or greater than the hourly equivalent of the salary for the City Manager position as stated in the City’s publicly available pay schedule. He cannot receive any other compensation, benefits, or paid leave, unless otherwise required by state or federal law.

Conclusion
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It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution NO. 2025-247, appointing William J. Gallardo as Interim City Manager.

Attachments
Attachment 1- Resolution No. 2025-247
Ward:

All Wards
Packet Pg. 11
Resolution No. 2025-247
Resolution 2025-247
February 21, 2025

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RESOLUTION NO. 2025-247

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN BERNARDINO APPOINTING WILLIAM J.

GALLARDO AS CITY MANAGER ON AN INTERIM BASIS
WHEREAS, Government Code sections 7522.56 and 21221(h) permit the City Council to appoint a California Public Employees’ Retirement System (“CalPERS”) retired annuitant to a vacant position requiring specialized skills during recruitment for a regular appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the position of City Manager became vacant effective February 5, 2025; and WHEREAS, in order to retain efficient and uninterrupted operation and management of the City the City Council desires to appoint William J. Gallardo as an interim appointment retired annuitant to the vacant position of City Manager for the City of San Bernardino pursuant to Government Code section 21221(h), effective February 21, 2025; and WHEREAS, William J. Gallardo has substantial experience serving in municipal government with an extensive history in management, including serving as the city manager for the City of Brea; and
WHEREAS, an appointment under Government Code section 21221(h) requires an active, publicly posted recruitment for a permanent replacement; and WHEREAS, the City has retained the services of Ralph Anderson and Associates to conduct the recruitment for a permanent appointment to the City Manager position and an announcement of the City’s recruitment for the City Manager position has been posted on the City’s website at https://www.sbcity.org/870/Current-Job-Opportunities; and WHEREAS, in compliance with Government Code Section 7522.56(f), the City must provide CalPERS this certification resolution when hiring a retiree before 180 days have passed since his or her retirement date; and
WHEREAS, William J. Gallardo retired as City Manager from the City of Brea effective December 31, 2024; and
WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 29, 2025, without this certification resolution; and
WHEREAS, Government Code section 7522.56 provides that this exception to the 180- day wait period shall not apply if the retiree accepts any retirement-related incentive; and Packet Pg. 12
Resolution No. 2025-247
Resolution 2025-247
February 21, 2025

Page 2 of 4 ends

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WHEREAS, the City Council, the City of San Bernardino, and William J. Gallardo, certify that William J. Gallardo did not receive a Golden Handshake or any other retirement related incentive; and
WHEREAS, this Government Code section 21221(h) appointment shall only be made once and therefore will end on the date immediately preceding the date on which the regular appointment to the vacant position of City Manager commences his or her employment or, if earlier, the date that this appointment is terminated by the City or William J. Gallardo; and WHEREAS, it is understood by the City Council and William J. Gallardo that the combined total hours to be worked by William J. Gallardo in any fiscal year, for all retired annuitant positions with any CalPERS employer, shall not exceed the 960-hour limitation set forth in California Government Code sections 7522.56(d) and 21221(h); and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the monthly salary for the City Manager position is $27,814.58 and the hourly equivalent is $160.47; and
WHEREAS, the hourly rate to be paid to William J. Gallardo for his services as City Manager on an interim basis shall be $160.47, subject to any subsequent adjustment to the payrate for City Manager position listed on a publicly available pay schedule approved by the City Council; and
WHEREAS, William J. Gallardo has not and will not receive any other benefit, incentive compensation in lieu of benefits or any other form of compensation in addition to the hourly pay rate; and
WHEREAS, no matters, issues, terms, and/or conditions related to this appointment have been or will be placed on the consent calendar; and

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

SECTION 1. The City Council has considered the full record before it, which may include but is not limited to such things as the agenda staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby certifies the nature of the appointment of William J. Gallardo as described herein and that this appointment is necessary to ensure the efficient operation of the City.

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Resolution No. 2025-247
Resolution 2025-247
February 21, 2025

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SECTION 3. The City Council hereby waives the 180-day waiting period pursuant to Government Code Sections 7522.56(f)(1).

SECTION 4. William J. Gallardo has the specialized skills needed to perform the work required as the City Manager on an interim basis until a regular City Manager is appointed by the City Council and thereafter begins service.

SECTION 5. The City Council hereby appoints William J. Gallardo as City Manager on an interim basis effective February 21, 2025 pursuant to the authority provided under Government Code sections 21221(h) and 7522.56, during the active recruitment for a regular appointment to the City Manager position, to provide the critically-needed, specialized skills necessary to manage the City.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of February 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 14
Resolution No. 2025-247
Resolution 2025-247
February 21, 2025

Page 4 of 4 ends

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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. 2025-247, adopted at a regular meeting held on the 21 st day of February 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025.

Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2025
To: Honorable Mayor and City Council Members
From: Tanya Romo, Acting City Manager;
Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Resolutions updating the Bank and Investment
Account Signature Authority (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt the attached Resolutions 2025-248 through 2025-257 updating the City’s and Successor Agency’s bank and investment account signature authority.

Executive Summary
With the recent organizational changes in the City’s personnel and organizational structure, it is necessary to update the signature authority on all City and Successor Agency bank and investment accounts.

Background
The City and Successor Agency must update bank and investment account signature authorizations on file with the various financial institutions that hold City and Successor Agency funds as personnel and organizational changes occur.

Discussion
Most banking institutions require approval from the organizations’ governing body through the adoption of a resolution and/or minutes from the meeting showing adoption and approval.

The City and Successor Agency have cash, investments, and other funds required to be held by fiscal agents in the following institutions:

1. Wells Fargo Bank, City;
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2. Wells Fargo Bank, Successor Agency;

3. U.S. Bank, City;

4. U.S. Bank, Successor Agency;

5. BNY (Bank of New York) Mellon, City;

6. BNY (Bank of New York) Mellon, Successor Agency;

7. Citizens Business Bank, Successor Agency; and

8. Local Agency Investment Fund (LAIF), City – this program offers local agencies to participate in a major portfolio through the State Treasurer’s Office.

9. Authorized Brokers or Dealers for the City and Successor Agency

10. Computershare Trust Company, City
The resolutions listed above have been prepared for the various banking and investment accounts to implement the changes in signature authority.

Following approval by the Mayor and City Council of the City of San Bernardino, California, and approval by the Mayor and City Council acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino, staff will forward all appropriate resolutions to each affected banking institution.

In addition, as stated in the City’s current Investment Policy, the Director of Finance is charged with responsibility of carrying out all investment actions, which may include day-to-day investment activities or the utilization of external investment advisor services to assist with the investment program.

As such, in April 2021, the City authorized the services of the following broker/dealers to aid in day-to-day investment activities. Resolution (#9) has been prepared to authorize City designated personnel to carry out investment activities through the use of the following broker/dealers:
i. Cantor Fitzgerald;
ii. Higgins Capital Management;
iii. Raymond James; and
iv. Stifel.

For consistency and transparency, City staff will be providing updated signing authority resolutions to City Council in July of each fiscal year for all the City’s banking institutions, in addition to any changes that may occur during the fiscal year. 2021-2025 Strategic Targets and Goals
Approval of the aforementioned resolutions align with Key Target No. 1: Improved Operational & Financial Capacity by ensuring that the financial and administrative requirements to continue day-to-day operations in the Finance department are completed and kept up to date
Fiscal Impact
There is no fiscal impact associated with adopting the attached Resolutions.

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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt the attached Resolutions 2025-248 through 2025-257 updating the City’s and Successor Agency’s bank and investment account signature authority.

Attachments
Attachment 1 – Resolution 2025-248- Wells Fargo Bank, City Attachment 2 – Resolution 2025-249 - Wells Fargo Bank, Successor Agency
Attachment 3 – Resolution 2025-250 - U.S. Bank, City
Attachment 4 – Resolution 2025-251 - U.S. Bank, Successor Agency Attachment 5 – Resolution 2025-252 - BNY (Bank of New York) Mellon, City
Attachment 6 – Resolution 2025-253 - BNY (Bank of New York) Mellon, Successor Agency
Attachment 7 – Resolution 2025-254Citizens Business Bank, Successor Agency
Attachment 8 – Resolution 2025-255 - Local Agency Investment Fund (LAIF), City
Attachment 9 – Resolution 2025-256 - Authorized Brokers or Dealers for the City and Successor Agency
Attachment 10 – Resolution 2025-257- Computershare Trust Company, City
Ward:

All Wards
Synopsis of Previous Council Actions:
02-19-2025 City Council approved Bank signatories of existing personnel at the time.
01-15-2025 City Council approved Bank signatories for Computershare Debt Trustee Services
06-05-2024 City Council approved Bank signatories of existing personnel at the time.
05-01-2024 City Council approved Bank signatories of existing personnel at the time.
11-01-2023 City Council approved Bank signatories of existing personnel at the time.

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Resolution No. 2025-248
Resolution 2025-
February 21, 2025

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RESOLUTION NO. 2025-248

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR WELLS FARGO BANK ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and

WHEREAS, Wells Fargo Bank is a federally chartered bank under the laws of the United States; and
WHEREAS, the City of San Bernardino needs to update its signatories periodically with Wells Fargo Bank due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the Acting City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on Wells Fargo Bank accounts; and
WHEREAS, Wells Fargo Bank requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

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

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with Wells Fargo Bank are hereby revoked.

SECTION 3. The authorized account signers on Wells Fargo Bank accounts are as follows:

Position Individual Name
Interim City Manager
Deputy City Manager
William J. Gallardo
Tanya Romo
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is Packet Pg. 19
Resolution No. 2025-248
Resolution 2025-
February 21, 2025

Page 2 of 3 ends

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4 8
covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of February, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 20
Resolution No. 2025-248
Resolution 2025-
February 21, 2025

Page 3 of 3 ends

6 6
4 8

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. 2025-248, adopted at a special meeting held on the 21st day of February, 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this 21st day of February, 2025.

Genoveva Rocha, CMC, City Clerk
Packet Pg. 21
Resolution No. 2025-249
Resolution 2025-249
February 21, 2025

Page 1 of 3 ends

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4 9
RESOLUTION NO. 2025-249

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO AUTHORIZING SIGNATORIES FOR

WELLS FARGO BANK ACCOUNTS FOR THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and

WHEREAS, Wells Fargo Bank is a federally chartered bank under the laws of the United States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with Wells Fargo Bank due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the Acting City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on Wells Fargo Bank accounts; and WHEREAS, Wells Fargo Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with the Wells Fargo Bank are hereby revoked.

SECTION 3. The authorized account signers on Wells Fargo Bank - Successor Agency’s accounts are as follows:

Position Individual Name
Interim City Manager
Deputy City Manager
William J. Gallardo
Tanya Romo
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
Packet Pg. 22
Resolution No. 2025-249
Resolution 2025-249
February 21, 2025

Page 2 of 3 ends

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4 9
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.

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

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the City Clerk this 21st day of February, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 23
Resolution No. 2025-249
Resolution 2025-249
February 21, 2025

Page 3 of 3 ends

6 6
4 9

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. 2025-249, adopted at a special meeting held on the 21st day of February, 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this 21st day of February, 2025.

Genoveva Rocha, CMC, City Clerk
Packet Pg. 24
Resolution No. 2025-250
Resolution 2025-250
February 21, 2025

Page 1 of 3 ends

6 6
5 0
RESOLUTION NO. 2025-250

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING
SIGNATORIES FOR U.S. BANK ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and

WHEREAS, U.S. Bank is a federally chartered bank under the laws of the United States; and
WHEREAS, the City of San Bernardino needs to update its signatories periodically with U. S. Bank due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the Acting City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on U.S. Bank accounts; and
WHEREAS, U.S. Bank requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

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

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with U.S. Bank are hereby revoked.

SECTION 3. The authorized account signers on U.S. Bank accounts are as follows:

Position Individual Name
Interim City Manager
Deputy City Manager
William J. Gallardo
Tanya Romo
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is Packet Pg. 25
Resolution No. 2025-250
Resolution 2025-250
February 21, 2025

Page 2 of 3 ends

6 6
5 0
covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of February, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 26
Resolution No. 2025-250
Resolution 2025-250
February 21, 2025

Page 3 of 3 ends

6 6
5 0

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. 2025-250, adopted at a special meeting held on the 21st day of February, 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this 21st day of February, 2025.

Genoveva Rocha, CMC, City Clerk
Packet Pg. 27
Resolution No. 2025-251
Resolution 2025-251
February 21, 2025

Page 1 of 3 ends

6 6
5 1
RESOLUTION NO. 2025-251

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AUTHORIZING SIGNATORIES FOR U.S.

BANK ACCOUNTS FOR THE SUCCESSOR AGENCY TO

THE FORMER REDEVELOPMENT AGENCY OF THE

CITY OF SAN BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and

WHEREAS, U.S. Bank is a federally chartered banks under the laws of the United States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with U. S.

Bank due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the Acting City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on U.S. Bank accounts; and
WHEREAS, U.S. Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with U.S. Bank are hereby revoked.

SECTION 3. The authorized account signers on U.S. Bank - Successor Agency’s accounts are as follows:

Position Individual Name
Interim City Manager
Deputy City Manager
William J. Gallardo
Tanya Romo
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
Packet Pg. 28
Resolution No. 2025-251
Resolution 2025-251
February 21, 2025

Page 2 of 3 ends

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5 1
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.

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

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the City Clerk this 21st day of February, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 29
Resolution No. 2025-251
Resolution 2025-251
February 21, 2025

Page 3 of 3 ends

6 6
5 1

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO)

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-251, adopted at a special meeting held on the 21st day of February, 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this 21st day of February, 2025.

Genoveva Rocha, CMC, City Clerk
Packet Pg. 30
Resolution No. 2025-252
Resolution 2025-252
February 21, 2025

Page 1 of 3 ends

6 6
5 2
RESOLUTION NO. 2025-252

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR BANK OF NEW YORK (BNY)

MELLON BANK ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and

WHEREAS, BNY Mellon Bank is a federally chartered bank under the laws of the United States; and
WHEREAS, the City of San Bernardino needs to update its signatories periodically with BNY Mellon Bank due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the Acting City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on BNY Mellon Bank accounts; and
WHEREAS, BNY Mellon Bank requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

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

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with BNY Mellon Bank are hereby revoked.

SECTION 3. The authorized account signers on BNY Mellon Bank accounts are as follows:

Position Individual Name
Interim City Manager
Deputy City Manager
William J. Gallardo
Tanya Romo
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Packet Pg. 31
Resolution No. 2025-252
Resolution 2025-252
February 21, 2025

Page 2 of 3 ends

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5 2
Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of February, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 32
Resolution No. 2025-252
Resolution 2025-252
February 21, 2025

Page 3 of 3 ends

6 6
5 2

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. 2025-252, adopted at a special meeting held on the 21st day of February, 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this 21st day of February, 2025.

Genoveva Rocha, CMC, City Clerk
Packet Pg. 33
Resolution No. 2025-253
Resolution 2025-253
February 21, 2025

Page 1 of 3 ends

6 6
5 4
RESOLUTION NO. 2025-253

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO AUTHORIZING SIGNATORIES FOR

BANK OF NEW YORK (BNY) MELLON BANK

ACCOUNTS FOR THE SUCCESSOR AGENCY TO THE

FORMER REDEVELOPMENT AGENCY OF THE CITY OF

SAN BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and

WHEREAS, BNY Mellon is a federally chartered bank under the laws of the United States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with BNY Mellon due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the Acting City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on BNY Mellon’s bank accounts; and WHEREAS, BNY Mellon requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with BNY Mellon Bank are hereby revoked.

SECTION 3. The authorized account signers on BNY Mellon - Successor Agency’s accounts are as follows:

Position Individual Name
Interim City Manager
Deputy City Manager
William J. Gallardo
Tanya Romo
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
Packet Pg. 34
Resolution No. 2025-253
Resolution 2025-253
February 21, 2025

Page 2 of 3 ends

6 6
5 4
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.

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

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the City Clerk this 21st day of February, 2025.

Helen Tran, Mayor City
of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 35
Resolution No. 2025-253
Resolution 2025-253
February 21, 2025

Page 3 of 3 ends

6 6
5 4

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. 2025-253, adopted at a special meeting held on the 21st day of February, 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this 21st day of February, 2025.

Genoveva Rocha, CMC, City Clerk
Packet Pg. 36
Resolution No. 2025-254
Resolution 2025-254
February 21, 2025

Page 1 of 3 ends

6 6
5 7
RESOLUTION NO. 2025-254

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO AUTHORIZING SIGNATORIES FOR

CITIZENS BUSINESS BANK ACCOUNTS FOR THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and

WHEREAS, Citizens Business Bank is a federally chartered bank under the laws of the United States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with Citizens Business Bank due to changes in Agency staff or changes in staff duties and responsibilities; and
WHEREAS, the Board of Directors of the Successor Agency designates the Acting City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on Citizens Business Bank accounts; and WHEREAS, Citizens Business Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with Citizens Business Bank are hereby revoked.

SECTION 3. The authorized account signers on Citizens Business Bank - Successor Agency’s accounts are as follows:

Position Individual Name
Interim City Manager
Deputy City Manager
William J. Gallardo
Tanya Romo
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Packet Pg. 37
Resolution No. 2025-254
Resolution 2025-254
February 21, 2025

Page 2 of 3 ends

6 6
5 7
Director of Human Resources Andrea Russell
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.

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

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the City Clerk this 21st day of February, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 38
Resolution No. 2025-254
Resolution 2025-254
February 21, 2025

Page 3 of 3 ends

6 6
5 7

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. 2025-254, adopted at a special meeting held on the 21st day of February, 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this 21st day of February, 2025.

Genoveva Rocha, CMC, City Clerk
Packet Pg. 39
Resolution No. 2025-255
Resolution 2025-255
February 21, 2025

Page 1 of 3 ends

6 6
5 8
RESOLUTION NO. 2025-255

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR THE LOCAL AGENCY

INVESTMENT FUND (LAIF) BANK ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and

WHEREAS, the Local Agency investment Funds (LAIF) was established by Chapter 730, Statutes of 1976. This fund enables local government agencies or trustees to remit surplus funds, not needed for immediate expenditures, to the State Treasurer for the purpose of investment on behalf of the City. The State Treasurer will invest such funds as part of a pooled money investment account I order to derive the maximum rate of return possible; and WHEREAS, the Local Agency investment Funds (LAIF) is an authorized investment under the City’s investment policy and under Government Code Section 53600; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with LAIF due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the Acting City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on LAIF accounts; and
WHEREAS, authorized signers will have the authority to deposit and withdraw funds with LAIF on behalf of the City; and
WHEREAS, deposits may only come from, and withdrawals may only be made by designated authorized signers on the account.

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

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with the Local Investment Agency Fund are hereby revoked.

SECTION 3. The authorized account signers on LAIF accounts are as follows:

Position Individual Name
Interim City Manager
Deputy City Manager
William J. Gallardo
Tanya Romo
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Packet Pg. 40
Resolution No. 2025-255
Resolution 2025-255
February 21, 2025

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Director of Human Resources Andrea Russell
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Interest payments, withdrawals, and matured investments may only be transferred to an account of the City or paid by written demand to the City.

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

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of February, 2025.

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. 2025-255
Resolution 2025-255
February 21, 2025

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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. 2025-255, adopted at a special meeting held on the 21st day of February, 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this 21st day of February, 2025.

Genoveva Rocha, CMC, City Clerk
Packet Pg. 42
Resolution No. 2025-256
Resolution 2025-256
February 21, 2025

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RESOLUTION NO. 2025-256

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR THE BROKER/DEALER ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and

WHEREAS, the following firms are approved broker/dealers registered with the U.S.

Securities and Exchange Commission: (a) Cantor Fitzgerald; (b) Higgins Capital Management; (c) Raymond James Financial Services, Inc.; (d) Stifel; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with the brokers/dealers above due to changes in City staff or changes in staff duties and responsibilities; and
WHEREAS, the City of San Bernardino designates the Acting City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on the above broker/dealer accounts.

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

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with the following broker/dealers (a) Cantor Fitzgerald; (b) Higgins Capital Management; (c) Raymond James Financial Services, Inc.; (d) Stifel are hereby revoked.

SECTION 3. The authorized account signers are as follows:

Position Individual Name
Interim City Manager
Deputy City Manager
William J. Gallardo
Tanya Romo
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Interest payments, withdrawals, and matured investments may only be transferred to an account of the City or paid by written demand to the City.

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is Packet Pg. 43
Resolution No. 2025-256
Resolution 2025-256
February 21, 2025

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covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of February, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 44
Resolution No. 2025-256
Resolution 2025-256
February 21, 2025

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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. 2025-256, adopted at a special meeting held on the 21st day of February, 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this 21st day of February, 2025.

Genoveva Rocha, CMC, City Clerk
Packet Pg. 45
Resolution No. 2025-257
Resolution 2025-257
February 21, 2025

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RESOLUTION NO. 2025-257

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR COMPUTERSHARE TRUST

COMPANY DEBT TRUSTEE SERVICES
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and

WHEREAS, Wells Fargo Bank entered into a definitive agreement with Computershare Trust Company, National Association (“Computershare Trust Company”), Computershare Delaware Trust Company, National Association and Computershare Limited (collectively, “Computershare”) to sell substantially all of its Corporate Trust Services (“CTS”) business. The sale to Computershare, and virtually all CTS employees of Wells Fargo Bank, along with most existing CTS systems, technology, and offices transferred to Computershare as part of the sale; and WHEREAS, The City pays its debt service obligation bonds for: Pension Obligation bond 2020 Series, and San Bernardino Development Authority HUD Section 108 Loan through Computershare; and
WHEREAS, the City of San Bernardino has added Computershare Trust Company to the list of institutions that require authorized signatures and will need to update its signatories periodically with Computershare due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the Acting City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers for Computershare debt trustee services; and
WHEREAS, Computershare Trust Company requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

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

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with Computershare Trust Company are hereby revoked.

SECTION 3. The authorized account signers on Computershare Trust Company debt trustee services are as follows:

Position Individual Name
Interim City Manager
Deputy City Manager
William J. Gallardo
Tanya Romo
Interim Director of Finance and Management Cynthia Jeannie Abano Fortune Packet Pg. 46
Resolution No. 2025-257
Resolution 2025-257
February 21, 2025

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Services
Director of Human Resources Andrea Russell
SECTION 4. Interest payments, withdrawals, and matured investments may only be transferred to an account of the City or paid by written demand to the City SECTION 5. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of February, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 47
Resolution No. 2025-257
Resolution 2025-257
February 21, 2025

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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. 2025-257, adopted at a special meeting held on the 21st day of February, 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this 21st day of February, 2025.

Genoveva Rocha, CMC, City Clerk
Packet Pg. 48

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2025
To: Honorable Mayor and City Council Members
From: Tanya Romo, Acting City Manager; Andrea Russell, Director of Human Resources
Department: Human Resources
Subject: Professional Services Agreement with Robert Windle for Labor Negotiations Consultation (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute a Professional Services Agreement with Robert Windle for labor negotiations consultation services.

Executive Summary
In an effort to assist the City in achieving its fiscal, strategic, and operational goals in the collective bargaining process, the Acting City Manager would like to engage with Mr. Robert (”Bob”) Windle, a seasoned labor professional, to act as the Chief Labor Negotiator in negotiating successor Memorandums of Understanding (MOUs) for the following employee bargaining groups:
 General Unit (Teamsters Local 1932)
 Management Confidential Group (SBCMA)
 Mid Management Unit (Teamsters Local 1932)
 Police Dispatch Unit (SBPDA)
 Police Management Unit (PMA)
 Police Safety Unit (SBPOA)
 San Bernardino Police Civilian Association (AFSCME Local 4710) Background
The current MOUs with the City’s bargaining units are set to expire on June 30, 2025. Mr. Windle will serve as the Chief Negotiator reporting directly to the City Council and working closely with the City Attorney, Human Resources & Risk Management Department, and Administrative staff in collective bargaining for successor labor agreements.

Packet Pg. 49
The Chief Negotiator will:
 Meet with City Administration and staff on an on-going basis to review and develop bargaining priorities, positions, and objectives and make recommendations.
 Prepare bargaining proposals and develop negotiation strategies.  Research and analyze bargaining proposals and costs.
 Work closely with City Finance staff to determine the cost of proposals and counterproposals.
 Conduct surveys in conjunction with City staff, as necessary.  Review market trends, comparative data, and bargaining settlements.  Attend all bargaining sessions.
 Participate in dispute resolution processes, if necessary.  Attend closed sessions bi-weekly.
 Finalize MOUs for approval.

Discussion
Staff believes Mr. Windle will provide outstanding services as the Chief Labor Negotiator. He possesses a Master’s degree in Labor and Human Resources and has over 34 years of governmental labor and human resources experience. Mr. Windle has performed related consulting services in over 40 governmental agencies and jurisdictions and has also served as a human resources and labor relations director/executive for one of the largest County’s in the State of California. He has successfully negotiated over 175 collective bargaining agreements. 2021-2025 Strategic Targets and Goals
Authorizing the City Manager, or designee, to execute a PSA with Bob Windle aligns with Key Strategic Goal 2. Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
The total fiscal impact is $100,000. There is sufficient funding in the department’s FY 2024/25 Professional Contractual Services budget for this agreement.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute a Professional Services Agreement with Robert Windle for labor negotiations consultation services.

Attachments
Attachment 1 – Professional Services Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

Packet Pg. 50
N/A
Packet Pg. 51
1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND ROBERT WINDLE
This Agreement is made and entered into as of February 21, 2025 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 Robert Windle, a sole proprietorship with its principal place of business at 245 Aster #3 Laguna Beach, CA 92651 (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:

Consultant shall serve as the City’s designated Chief Labor Negotiator and Spokesperson in collective bargaining for successor labor agreements (expiring June 30, 2025) for all bargaining units and employee groups. (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 Pg. 52
2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $100,000. 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 and 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 February 1, 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 Pg. 53
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 Pg. 54
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 Pg. 55
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).

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

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal
injury, and property damage
Packet Pg. 57
7 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)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under Packet Pg. 58
8 1. 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. (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.

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9 (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 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.

19. Verification of Employment Eligibility. By executing this Agreement, Packet Pg. 60
10 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
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 Packet Pg. 61
11 matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

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

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

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

27. Organization. Consultant shall assign Robert Windle as Project Manager.

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

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

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

CITY:

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

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

Robert Windle
245 Aster #3
Laguna Beach, CA 92651

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 Packet Pg. 62
12 for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such 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.

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13 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.

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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14 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

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

CITY OF SAN BERNARDINO
APPROVED BY:

City Manager or Designee
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

ROBERT WINDLE
Signature
Name
Title
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15 EXHIBIT A

SUMMARY
Consultant shall support and assist the City in achieving its fiscal, strategic, and operational goals in the collective bargaining process. The consultant will take direction from the Mayor and City Council (MCC), report and provide updates to the MCC at every meeting Consultant will acknowledge they are working with the City Council, and City staff, and will have the City Attorney participate in the labor negotiations.

SERVICES AND SCOPE OF WORK
Labor Relations: Consultant shall serve as the City’s designated Chief Labor Negotiator and Spokesperson in collective bargaining for successor labor agreements (expiring June 30, 2025) for the following bargaining units and employee groups:
 General Unit (Teamsters Local 1932),
 Management Confidential Group (SBCMA),
 Mid Management Unit (Teamsters Local 1932),
 Police Dispatch Unit (SBPDA),
 Police General Unit (AFSCME District Council 36),
 Police Management Unit (PMA), and
 Police Safety Unit (SBPOA)
In his capacity as the Chief Labor Negotiator, Consultant shall:
 Meet with City Administration and staff on an on-going basis to review and develop bargaining priorities, positions, and objectives and make recommendations  Prepare bargaining proposals and develop negotiation strategies  Research and analyze bargaining proposals and costs
 Work closely with City Finance staff to determine the cost of proposals and counterproposals
 Conduct surveys in conjunction with City staff, as necessary  Review market trends, comparative data, and bargaining settlements  Attend all bargaining sessions
 Participate in dispute resolution processes, if necessary  Attend closed sessions, as necessary
 Finalize MOUs for approval
CITY’S OBLIGATIONS
City shall provide data and information necessary for completion of services. The City shall also provide necessary space (e.g. conference rooms for bargaining sessions) to complete services. The City shall designate staff to attend bargaining sessions, including a member who has the authority to sign tentative agreements and otherwise commit the City to bargaining positions. City shall assign appropriate staff to perform calculations and assist Consultant with the costing of proposals and collection of necessary survey data.

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16 COST
The cost of this project shall be $72,000 through July 21, 2025, payable in monthly increments of $14,400, which shall be pro-rated for any partial month. However, if any of the MOUs are not able to be finalized by the term date (July 21, 2025) of this Agreement, the City and Consultant may agree to continue the existing terms on a month-to-month basis or on an hourly basis at the rate of $150 per hour until completion of the MOUs.

City shall be invoiced for consulting services rendered on a monthly basis and shall pay Consultant within thirty (30) days of invoice.

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2 6
0 2

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: February 21, 2025
To: Honorable Mayor and City Council Members
From: Tanya Romo, Acting City Manager; Sonia Carvalho, City Attorney Department: City Manager's Office
Subject: Closed Session
Recommendation:

A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS
(Criteria, Timing, Goal Setting, and Other Preliminary Matters) Title: Interim City Manager
B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager
Employee Organization: General Unit (Teamsters Local 1932), Management Confidential Group (SBCMA), Mid Management Unit (Teamsters Local 1932), Police Dispatch Unit (SBPDA), Police General Unit (AFSCME District Council 36), Police Management Unit (PMA), and Police Safety Unit (SBPOA) Packet Pg. 68

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