7 1
2 4
RESOLUTION NO. 2025-303
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE COUNTY OF SAN BERNARDINO
FOR THE ACCEPTANCE OF $562,500 FROM THE
COUNTY BOARD OF SUPERVISORS, FOR THE
PURCHASE OF 75% OF UNMANNED AERIAL SYSTEMS
AND EQUIPMENT FOR A DRONE FIRST RESPONDER
PROGRAM, AND AUTHORIZING THE DIRECTOR OF
FINANCE AND MANAGEMENT SERVICES TO AMEND
THE FY 2025/26 OPERATING BUDGET FOR THE
AMOUNT OF $562,500 IN BOTH REVENUE AND
EXPENDITURES.
WHEREAS, the County of San Bernardino Board of Supervisors has agreed to provide $562,500 of County funding; and,
WHEREAS, this funding is for 75% of the purchase of Unmanned Aerial Systems and related equipment for the implementation of a Drone First Responder Program.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2, Authorize the City Manager to execute a contract with the County of San Bernardino for the acceptance $562,500 of County funds, for the purchase of Unmanned Aerial Systems and equipment,
SECTION 3, Authorize the Director of Finance and Management Services to amend the FY 2025/26 Adopted Budget increasing revenue and expenditures by $562,500.
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 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.
Resolution No. 2025-303
Resolution 2025-303
June 4, 2025
7 1
2 4
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 4th day of June 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2025-303
Resolution 2025-303
June 4, 2025
7 1
2 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-303, adopted at a regular meeting held on the 4 th day of June 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 5th day of June 2025.
Telicia Lopez, CMC, Acting City Clerk
Standard Contract Page 1 of 26
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Board of Supervisors
Department Contract
Representative
Penelope Chan
g
Telephone Number 909-387-4886
Contractor City of San Bernardino
Contractor Representative Bill Gallardo
Interim City Manager
Telephone Number 909-384-5607
Contract Term 06/10/2025 – 06/09/2026
Original Contract Amount Not-to-Exceed $562,500
Amendment Amount
Total Contract Amount Not-to-Exceed $562,500
Cost Center 1025001000
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contra ctual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens;
WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents;
WHEREAS, the County desires to provide funding to the City of San Bernardino (Contractor) to purchase equipment and implement the Drone First Responder program (Project or Services); WHEREAS, the County would like Contractor to manage the Project and provide these Services; WHEREAS, the County finds Contractor qualified to provide the Services which includes the purchase of unmanned aerial systems (UAS) for the implementation of a Drone First Responder program; WHEREAS, providing funding to Contractor for the Project serves the public purpose of promoting the health and safety needs of the residents of City of San Bernardino and surrounding community through utilizing UAS for emergency calls for service, natural or man-made disasters, special event operations, tactical scenarios, search and rescue operations, and other emergency response support; and assists the Fifth District Supervisor with supporting the County’s vision to promote health, safety, and social service needs of County residents; Contract Number
SAP Number
Revised 1/10/23 Page 2 of 26
WHEREAS, the County residents of San Bernardino and the surrounding communities of the Fifth District will be served by the Project; and
WHEREAS, the County desires that such Project be managed by Contractor and Contractor agrees to perform these services as set forth below.
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:
A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor for the Project.
B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a scope of Services to assist Contractor with the purchase of the following UAS and related items for the implementation of a Drone First Responder program managed by the Contractor’s Police Department. The items are the following:
B.1.1 Three Skydio X10 Drones, drone accoutrements, and sensor packages, B.1.2 Cellular 5G connectivity
B.1.3 Cloud storage
B.1.4 Multi-viewer live streaming software
B.1.5 Beyond visual line of sight waivers
B.1.6 Axon Air licenses
B.1.7 Training, maintenance and repair
B.1.8 Remote docking systems.
B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to on- site inspection of the Project for the duration of this Contract. Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.
B.3 Contractor shall provide the County all documen tation regarding the scope of Services covered by this Contract that the County requests from Contractor within 10 days of County’s request unless a different time is agreed to by the County.
B.4 Contractor shall provide the County with documentation supporting completion of the Project within 60 days of project completion.
B.5 Contractor acknowledges and agrees that it will make a matching contribution of at least 25% of the total cost of the project. Contractor’s matching contribution will be a minimum of $187,500.
C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.
C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.
C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.
Revised 1/10/23 Page 3 of 26
C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.
C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney’s fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney’s fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor sh all conduct a background check, at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contractor personnel to any County facility.
C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.
C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
C.9 Compliance with County Policy
In performing the Services and while at any Count y facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.
County shall have the right to require Contract or’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.
Revised 1/10/23 Page 4 of 26
C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure the names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any purpose other than carrying out the Contractor's obligations under this Contract, except as may otherwise be required by law. This provision will remain in force even after the termination of the Contract.
C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.
Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.
C.12 County Representative
The Fifth District Supervisor or his/her designee shall represent the County in all matters pertaining to the Services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. Except as provided under Section D of this Contract or as otherwise delegated by the Board of Supervisors, if this Contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.
C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.
If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.
C.14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).
Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.
C.15 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive workplace, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:
C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.
Revised 1/10/23 Page 5 of 26
C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Cont ractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.
The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.
The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.
C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.
C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condi tion, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.
Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
C.18 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.
To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.
C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.
C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.
Revised 1/10/23 Page 6 of 26
The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.
Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.
To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County i mmediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.
C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.
C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.
C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial
Revised 1/10/23 Page 7 of 26
data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.
C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.
C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for Services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV–Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.
C.29 RESERVED.
C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.
C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of Services under this Contract and demonstrate accountability for Contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.
All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.
C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.
C.33 Release of Information
No news releases, advertisements, public ann ouncements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.
C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.
C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party,
Revised 1/10/23 Page 8 of 26
shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.
C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’ s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.
For any subcontractor, Contractor shall:
C.36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
C.36.2 Ensure that the subcontractor follows C ounty’s reporting formats and procedures as specified by County.
C.36.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.
Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.
C.37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.
C.38 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for its convenience, with or without cause, with a thirty (30) day written notice of termination. Such termination may include all or part of the Services described herein. Upon such termination, payment will be made to the Contractor for Services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Contractor shall promptly discontinue Services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, dat a, products, graphics, computer programs and reports.
County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any reason the timely completion of the Services described in Section A or B under this Contract is rendered improbable, infeasible or impossible.
Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.
Revised 1/10/23 Page 9 of 26
C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.
C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.
C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and t he County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.
Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.
C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.
The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The in formation also includes the employment with or representation of Contractor. For purposes of th is provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County dep artment or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.
C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.
Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.
Contractor is required to disclose whether the firm , or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the
Revised 1/10/23 Page 10 of 26
Contractor will be asked to describe any such i ndictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.
In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of Services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulat ory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.
For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.
C.44 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknow ledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.
C.45 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.
C.46 Reserved
C.47 California Consumer Privacy Act
To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code §§1798.100, et seq.).
For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meanings as set forth at Civil Code section 1798.140. Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to Civil Code section 1798.150(b) alleging a violation of the CCPA, that involves personal information received or maintained pursuant to this Contract. Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code section 1798.155(b).
Revised 1/10/23 Page 11 of 26
C.48 Prevailing Wage Laws
By its execution of this Contract, Contractor ce rtifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Section 1720 of the California Labor Code states in part: “For purposes of this paragraph, ‘construction’ includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work…” If the Services/Scope of Work are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations. Contractor shall defend, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws. See Attachment A, which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws. Contractor shall comply with all applicable terms and conditions in Attachment A. The applicable general prevailing wage determinations are on file with the County and are available to any interested party on request.
Contractor shall post a copy of the applicable prevailing wage determinations at the job site.
D. TERM OF CONTRACT
The Contract is effective as of June 10, 2025 and expires June 9, 2026 but may be terminated earlier in accordance with provisions of this Contract.
The County Chief Executive Officer, at the direction of the Fifth District Supervisor, may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor;
c. Will not change the project goals or scope of Services; d. Are in the best interests of County and Contractor in performing the scope of Services under this Contract; and
e. Do not alter the amount of compensation under this Contract.
E. RESERVED.
F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $562,500 and is subject to availability of funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s Services and expenses incurred in the performance hereof, including travel and per diem.
F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, County shall disburse compensation and monitor the Contractor’s performance in satisfying the scope of work obligations under the terms of this Contract.
Revised 1/10/23 Page 12 of 26
Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor’s invoice or the resolution of any b illing dispute. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a format acceptable to the County for Services performed under this Contract. Contractor shall email invoice to County Administrative Office-Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS-SAN BERNARDINO COUNTY-EDUCATION PROGRAM — 25-NNN – PO 4100NNNNNN).
Contractor shall submit a final expenditure report documented with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance.
Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE DOCUMENTS.
F.3 Contractor shall accept all payments from Coun ty via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.
F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the Services rendered or equipment and/or parts supplied to the County pursuant to the Contract.
F.5 Costs for Services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.
F.6 Funds made available under this Contract sha ll not supplant any federal, state or any governmental funds intended for Services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.
Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.
F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for whic h reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation Services, including but not limited to, the Ontario International Airport.
F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.
F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in
Revised 1/10/23 Page 13 of 26
accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.
G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of Services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.
All general or auto liability insurance coverage pr ovided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.
The Contractor hereby waives all rights of subrogation against the County.
G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self- insurance programs carried or administered by the County.
G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.
G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of Services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor co mmences performance of Services hereunder until the completion of such Services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.
Revised 1/10/23 Page 14 of 26
G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.
G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.
G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.
If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, t he Contractor agrees to amend, supplement or endorse the existing coverage to do so.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing Services on behalf of the Contractor and all risks to such persons under this contract.
If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.
With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.
Revised 1/10/23 Page 15 of 26
G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.
G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.
If the Contractor is transporting one or more non-employee passengers in performance of contract Services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.
If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
G.11.5 Construction contracts
For projects over one million ($1,000,000) and less than three million ($3,000,000) require limits of not less than three million ($3,000,000) in General Liability and Auto Liability coverage.
Continuing Products/Completed Operations Liability Insurance with a limit of not less than five million ($5,000,000) for each occurrence for at least three years following substantial completion of the work on projects over one million ($1,000,000).
Subcontractor Insurance Requirements. The Contractor agrees to require all parties or subcontractors, including architects or others it hires or contracts with related to the performance of this contract to provide insurance covering the contracted operations with the basic requirements identified in Section G, including indemnification and the insurance specifications for all contracts, including waiver of subrogation rights, and naming the County as an additional insured. The Contractor agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required here.
Course of Construction/Installation (Builder’s Risk) property insurance providing all risk, including theft coverage for all property and materials to be used on the project.
The insurance policy shall not have any coinsurance penalty.
Revised 1/10/23 Page 16 of 26
H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of Services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.
H.2 All records pertaining to Services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.
I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.
I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Cont ractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.
J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either se rved personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of San Bernardino
710 North D St.
San Bernardino, CA 92401
Attn: Operations Captain Brian Harris
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read
Revised 1/10/23 Page 17 of 26
this Contract and signs the same of its own free will.
L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.
The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), whic h signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
Revised 1/10/23 Page 18 of 26
IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Julie Surber, Principal Assistant County
Counsel
Date Date Date
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
(Print or type name of corporation, company, contractor, etc.)
By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated:
Name
Bill Gallardo
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Interim City Manager
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:
Deputy
Address
710 North D St.
San Bernardino, CA 92401
Revised 1/10/23 Page 19 of 26
ATTACHMENT A
PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:
1. Determination of Prevailing Rates :
Pursuant to Labor Code sections 1770, et seq., the C ounty has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the Californi a Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at www.dir.ca.gov. The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or compar able duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall comply wi th the requirements of Labor Code sections 1773, et seq.
2. Payment of Prevailing Rates
Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of any cont ractual relationship which may be alleged to exist between the Contractor or any subcontractor, and such worker.
3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work. Pursuant to California L abor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
4. Ineligible Contractors :
Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the DIR website at http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Any contract entered into between a co ntractor and a debarred s ubcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County. The Contra ctor shall be responsible for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work.
5. Payroll Records:
a. Pursuant to California Labor C ode section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Work.
The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; ii. A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County, the Division of Labor Standards Enforcement of the DIR; iii. A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the public shall not be given access to such records at the principal office of the Contractor;
Revised 1/10/23 Page 20 of 26
iv. The Contractor shall file a cert ified copy of the payroll records wi th the entity that requested such records within ten (10) days after receipt of a written request; and v. Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll record s, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address. b. The Contractor shall have ten (10) days from receipt of the written notice specifying in what respects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one-hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor.
6. Limits on Hours of Work :
Pursuant to California Labor Code secti on 1810, eight (8) hours of labor shall constitute a legal day's work.
Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work performed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.
7. Penalty for Excess Hours:
The Contractor shall pay to the County a penalty of tw enty-five dollars ($25.00) for each worker employed on the Scope of Work by the Contractor or any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the Ca lifornia Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one -half (1½) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
8. Senate Bill 854 (Chapter 28, St atutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) Requirements:
a. Contractor shall comply with Senate Bill 854 and Se nate Bill 96. The requirements include, but are not limited to, the following:
i. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code se ction 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a). ii. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. iii. This project is subject to compliance monitoring and enforcement by the DIR. iv. As required by the DIR, Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR. v. Contractors and all subcontract ors must submit certified payro ll records online to the Labor Commissioner for all public works projects.
1) The certified payroll must be submitted at least monthly to the Labor Commissioner. 2) The County reserves the right to require C ontractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner. 3) The certified payroll records must be in a format prescribed by the Labor Commissioner. vi. Registration with the DIR and the submission of certified payroll records to the Labor Commissioner are not required if the public work s project is $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work.
b. Labor Code section 1725.5 states the following:
“A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1.
Revised 1/10/23 Page 21 of 26
(a) To qualify for registration under this section, a contractor shall do all of the following:
(1) (A) Register with the Departm ent of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or bef ore July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
(B) Beginning June 1, 2019, a contra ctor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or r enewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liab ility to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal , provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requi rements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Sectio n 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section.
Revised 1/10/23 Page 22 of 26
(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demoliti on, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”
c. Labor Code section 1771.1 states the following:
“(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless cu rrently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the su bcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another regi stered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to per form public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor w ho is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract wi thout having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violatio n of the registration requirement, not to exceed an aggregate penalty of eight thousand dol lars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subc ontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration.
Revised 1/10/23 Page 23 of 26
(4) A subcontractor shall not be liable for any penal ties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upo n determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requeste d in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirem ents of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibit ing the use of the unregi stered contractor or the unregistered subcontractor on all public works unt il the unregistered contractor or unregistered subcontractor is registered. The stop order shal l not apply to work by r egistered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contra ctor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors’ State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered co ntractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other r equirements specified in subdivision (a) of Section 238.1.
(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in count y jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal subm itted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. Th is section shall also apply to the performance of any public work, as defined in this chapter, on or after J anuary 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section sha ll be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demoliti on, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”
d. Labor Code section 1771.4 states the following:
“a) All of the following are applicable to all public wo rks projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish t he records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
Revised 1/10/23 Page 24 of 26
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not register ed pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f ) of Section 1725.5, the unregistered contractor or subcontractor is not requi red to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collectiv e bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.
(c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.”
B. STATE PUBLIC WORKS APPR ENTICESHIP REQUIREMENTS
1. State Public Works Apprenticeship Requirements:
a. The Contractor is responsible for compliance wi th Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 – 230.2 for all apprenticeable occupations (denoted with “#” symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor’s requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship committees; (2) pay training fund contributions for each apprenticeable hour employed on the Contrac t; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journey man hours by completion of Contract work (unless an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices.
b. Any apprentices employed to perform any of t he Scope of Work shall be paid the standard wage to apprentices under the regulations of the craft or tr ade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered.
Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and writt en apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Sc ope of Work. The employment and training of each apprentice shall be in accordance wi th the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training.
2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140):
i. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award inform ation when performing on a California public works project.
ii. The DAS-140 is a notification “announcement” of the Contractor’s participation on a public works project— it is not a request for the dispatch of an apprentice. iii. Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work. iv. Contractors who are already approved to trai n apprentices (i.e. check “Box 1” on the DAS-140) shall only be required to submit the form to their approved program. v. Contractors who are NOT approved to train apprentic es (i.e. those that check either “Box 2” or “Box 3” on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see
Revised 1/10/23 Page 25 of 26
http://www.dir.ca.gov/Databases/das/pwaddrstart.asp.
b. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contract or performing work in an “apprenticeable” craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman.
This ratio shall be met prior to the Contractor’s completion of work on the project. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
ii. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required.
iii. Contractors may use the “DAS-142” form for ma king a request for the dispatch of an apprentice. iv. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from thei r initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement.
v. Contractor should maintain and submit proof (w hen requested) of its DAS-142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
vi. Only “registered” apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1). c. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
ii. Contractors may use the “CAC-2” form for su bmittal of their training fund contributions. iii. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit t heir contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.
iv. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month.
v. The “training” contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.
3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply wi th California apprenticeship requirements. These types of contractors do not need to submit a DAS-140, DAS- 142, make training fund contributions, or utilize apprentices:
i. When the Contractor holds a sole proprieto r license (“Owner-Operator”) and no workers were employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone.
ii. Contractors performing in non-apprenticeable cra fts. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination. iii. When the Contractor has a direct contract with the Public Agency that is under $30,000. iv. When the project is 100% federally-funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply).
v. When the project is a private pr oject not covered by the definition of public works as found in Labor Code section 1720.
4. Exemption from Apprenticeship Rations:
a. The Joint Apprenticeship Committee shall have the disc retion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship , exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three-month pe riod in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1-to-5 in relation to journeymen; or
Revised 1/10/23 Page 26 of 26
iii. The Apprenticeable Craft or Tr ade is replacing at least one-thi rtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or iv. If assignment of an apprentice to any work perf ormed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. b. When such exemptions from the 1-to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual ap plications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.
5. Contractor’s Compliance:
a. The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Co de section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner.
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 4, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Approve a Professional Services Agreement with Alarm Program System LLC for Alarm Permit and False Alarm
Management Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement with Alarm Program Systems LLC to provide alarm registration and false alarm management services for a term beginning July 1, 2025, through June 30, 2028, with an option to extend for two additional years.
Executive Summary
The San Bernardino Police Department currently administers the City’s alarm permitting and false alarm management program through an external vendor under a revenue sharing agreement. With the current contract expiring June 30, 2025, and a need identified to improve system integration and operational efficiency, the City issued a competitive Request for Proposal for continued services.
After a thorough evaluation of four responsive proposals, staff recommend entering into a Professional Services Agreement with Alarm Program Systems LLC (APS).
Under the proposed agreement, APS will retain 18% of collected fees, mirroring the City’s current no-cost revenue sharing model. Approval of this agreement will allow the City to enhance its alarm program operations without additional General Fund expenditures.
Background
The use and regulation of security alarm systems in the City of San Bernardino are governed by Municipal Code Chapter 8.81, which establishes requirements for alarm permitting, operation, and enforcement. To support enforcement of this ordinance, the City of San Bernardino has, since 2010, contracted with external vendors to manage the permitting of audible alarm systems for homes and businesses, as well as the billing and collection of alarm permit fees and false alarm fines. These services are overseen by the San Bernardino Police Department. Outsourcing these functions has allowed the City to reduce personnel costs and streamline operations through automation.
There are currently nearly 9,000 active security alarm permits issued in the City of San Bernardino. The City contracts with a vendor under a revenue-sharing agreement, wherein the vendor covers all operating expenses and retains 25% of all collected fees. This arrangement results in no direct expense to the City. The current contract is set to expire on June 30, 2025.
While the current vendor provides administrative support, services do not include integration with the Police Department’s Computer-Aided Dispatch (CAD) system. As a result, City staff must manually extract, filter, and transmit CAD data related to false alarms to the vendor monthly. To improve efficiency, reduce manual workload, and enhance real-time access to false alarm data, staff identified the need to procure a vendor capable of providing full CAD integration along with comprehensive alarm management services.
Discussion
On January 21, 2025, the City issued Request for Proposals (RFP F-25-1027) through its procurement portal, PlanetBids. Four vendors were also invited to bid, and all four responded by the February 27, 2025, deadline. Proposals were evaluated on experience, staffing resources, technical capabilities, understanding of the City’s needs, and fee structure.
The table below summarizes the evaluation results:
Vendor Name and Location Evaluation Score
(Max. 300 Pts.) Fee Proposal
Alarm Program Systems LLC
Pleasant Hill, CA 288 18%
Central Square Technologies LLC
Lake Mary, FL 265 24%
PMAM Corporation
Dallas, TX 257
Tiered:
- 14% up to $350,000
- 20% above $350,001
Plus additional mailing
and banking fees
Phoenix Group Information
Systems
Santa Ana, CA
248 25%
Based on the evaluation criteria, staff recommend Alarm Program Systems (APS) LLC as the most qualified and cost-effective vendor to provide alarm permitting and false alarm management services for the City.
The proposed Professional Services Agreement with APS follows the same revenue- sharing model currently in place, with the new vendor retaining 18% of all collected fees. As with the existing agreement, there will be no direct cost to the city. The complete terms of the agreement, along with the full scope of services to be provided, are included as an attachment to this staff report.
To facilitate a smooth transition from the current vendor to APS, necessary data will be transferred, including residential and commercial permit records, billing history, false alarm incidents, emergency contact information, and outstanding balances. To protect the confidentiality of this information, a Non-Disclosure Agreement, as outlined in Exhibit D of the Professional Services Agreement, will be executed prior to any data sharing between vendors.
About Alarm Program Systems
Alarm Program Systems LLC was founded in 2011 and is headquartered in Pleasant Hill, California. APS specializes exclusively in alarm program management for municipal clients, ensuring best practices are integrated into their technology and operations. Their secure, cloud-based platform offers full integration with CAD systems, which will allow the San Bernardino Police Department to streamline tracking of alarm responses and improve enforcement accuracy.
APS currently provides services to 61 municipalities, including several major cities in Southern California such as Glendale, Corona, Escondido, Torrance, and Fullerton.
APS is recognized for its strong partnerships with law enforcement agencies and its focus on enhancing public safety through efficient, technology-driven alarm program management.
2021-2025 Strategic Targets and Goals
Approval of this item aligns with Strategic Goal #3c: Improved Quality of Life – Constantly evaluate and enhance the quality of public safety services.
Fiscal Impact
There is no impact on the City’s General Fund resulting from this agreement.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute a Professional Services Agreement with Alarm Program Systems LLC to provide alarm registration and false alarm management services for a term beginning July 1, 2025, through June 30, 2028, with an option to extend for two additional years.
Attachments
Attachment 1 – PSA Alarm Program Systems LLC
Attachment 2 – Alarm Permits and False Alarm Fee Schedule Ward:
All Wards
Synopsis of Previous Council Actions:
On May 20, 2020, the Mayor and City Council adopted Resolution No. 2020-106, establishing a Master Fee Schedule.
On June 19, 2019, the Mayor and City Council adopted Resolution No. 2019-6152, authorizing the execution of an agreement with Phoenix Group Information Systems.
On November 7, 2016, the Mayor and City Council adopted Resolution No.2016-229, authorizing the execution of the second amendment to the agreement with PMAM Corporation.
On November 21, 2013, the Mayor and City Council adopted Resolution No. 2013- 2718, authorizing the execution of the first amendment to the agreement with PMAM Corporation.
On November 2, 2010, the Mayor and City Council adopted Resolution No. 2010- 364, authorizing the execution of an agreement with PMAM Corporation.
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
ALARM PROGRAM SYSTEMS
This professional services agreement (“Agreement”) is made and entered into as of June 4, 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, California 92401) (“City”) and Alarm Program Systems (a limited liability corporation with its principal place of business at 360 Civic Drive, Suite C, Pleasant Hill, California 94523 ) (“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 Consultant’s alarm registration and false alarm management services (“Services”); and B. Consultant is duly licensed, and the City has determined Consultant is qualified by experience and ability to render the desired Services; and C. City entered an agreement with the Phoenix Group Information System (“Phoenix Group”) on July 1, 2019, for the provision of Services (“Phoenix Group Agreement”); and
D. City and Phoenix Group amende d the Phoenix Group Agreement on December 4, 2024, to extend the performance of Services until June 30, 2025; and E. Request for Proposals F -24-1027 with an expiration date of February 27, 2025 (“RFP”), issued by the City solicited proposals for the Services; and F. Consultant submitted a proposal on February 27, 2025, in response to the RFP (“Proposal”); and
G. City selected Consultant to provide the Services on March 25, 2025; and H. The Parties desire by this Agreement to establish the terms for the 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 S ervices described in the Scope of Services as set forth in Exhibit A (attached hereto and incorporated herein
by reference) and the RFP. The RFP and Proposal, including any amendments or modifications thereto, are hereby incorporated into and made a part of this Agreement by reference. The terms and conditions of the RFP and Proposal, including any exhibits or attachments, shall govern the performance of work and the obligations of the Part ies under the Agreement to the extent they do not conflict with the terms of this Agreement .
In the event of any conflict between the terms of this Agreement and the RFP and Proposal, the terms of this Agreement shall prevail.
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. Consultant shall retain no more than eighteen percent (18%) of the total revenue collected from alarm permit fees and false alarm fines as compensation for Services rendered as set forth in Exhibit B (attached hereto and incorporated herein by reference). The remaining eighty -two percent (82%) shall be remitted to the City on a monthly basis.
b. In no event s hall the total amount paid for S ervices rendered by Consultant under this Agreement exceed eighteen percent (18%) of total fees collected.
This amount retained is to cover all related costs, and the City will not pay any additional fees for printing expenses.
c. Consultant shall provide the City with a detailed monthly statement outlining all alarm permit fees and false alarm fines collected during the reporting period.
Each statement shall accompany the monthly revenue payment to the City , and shall include sufficient detail to allow the City to verify amounts collected and the corresponding revenue share. All payments shall be submitted no later than the fifteenth ( 15 th) day of
the following month, unless otherwise agreed upon in writing by both Parties.
5. Additional Services. If changes in the Services seem merited by the Parties and informal consultations with the other party indicate that a change is warranted, it shall be processed by the Consultant forwarding a letter to the City outlining the changes 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 Part ies before performance of such S ervices, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render inef fective or invalidate unaffected portions of this Agreement.
6. Term
a. Effective Date . This Agreement shall commence on Ju ly 1 , 2025 (“Effective Date”), and continue through June 30, 2028; with the option to extend for two (2) additional years, unless the Agreement is previously terminated (“Term”).
b. Information Sharing. Consultant has requested that City share certain residential and billing information prior to the Agreement’s Effective Date to ensure a smooth transition from the Phoenix Group to Consultant. Consultant’s request includes permit, billing, false alarm, emergency contact, and outstanding billing payment information as set forth in Consultant’ s spreadsheet at Exhibit C (attached hereto and incorporated herein by reference). The Parties shall execute the Non- Disclosure Agreement as set forth in Exhibit D (at tached hereto and incorporated herein by reference) prior to City providing Consultant with the requested information.
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 the City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable 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 publi c 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 . “O rders of governmental authorities” includes ordinances; emergency proclamations and orders; and 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, gi ve written notice to the other P arty 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 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 California Division of Occupational Safety and Health Administration 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 Services.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate . Consultant shall, prior to execution of this 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 a nd 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 (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 Consult ant shall take out and maintain (during the performance of all work under this Agreement in amounts not less than specified herein) Commercial General Liability Insurance in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as Insurance Services Office (“ISO”) 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) 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 at all times during the performance of the work under this Agreement.
(ii) Coverage for automobile liability insurance shall be at least as broad as ISO Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City (its elected and appointed officials, officers, employees, agents, and City) designated volunteers additional insured status. (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 provision s 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 Coverag e 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) . Consultant shall maintain professional liability or Errors and Omissions insuranc e appropriate to its profession (in a form and with insurance companies acceptable to the City and in an amount indicated herein) a t all times during the performance of the work under this Agreement. 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 omission s of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this
Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber) . At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches; (2) system breaches; (3) denial or loss of service; and (4) the introduction, implantation, or spread of malicious software code.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occur rence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the P arties required to be named as Additional Insured pursuant to this Agreement.
h. 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.
i. 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 poli cy 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 eff ective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period (a) if the retroactive date is advanced past the eff ective 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 simi lar 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. j. Qualifying Insurers . All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any Federal law.
k. 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 Consul tant pursuant to this Agreement (including, but not limited to, the provisions concerning indemnification). (ii) If at any time d uring 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 r eimbursed by Consultant; or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City (nor the City Council; any member of the City Council; or any of the officials, officers, employees, agents , or volunteers ) shall be personally responsible for any liability arising under or by virtue of this Agreement. l. 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. Consultant shall defend t o the f ullest extent permitted by law (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 (“Claims”)) in any manner arising out of, pertaining to, or incident to any alleged acts (errors, 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 p erformance of the services or this Agreement ; and upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim ( including the cost to defend) shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements . Consultant is aware of the requirements of California Labor Code Sections 1720 et seq . and 1770 et seq., as well as California Code of Regulations, T itle 8, Section 16000, et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “ maintenance” projects. If the S ervices are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify, and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) , and debarment of contractors and subcontractors (Labor Code Section 1777.1). a. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Depar tment of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Depar tment of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility . By executing this Agre ement, Consultant verifies 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 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 F ederal 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 compl etion 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 port ion 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 corr ect the matter to the sole satisfaction of the City; and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon
payment in full for the services described in this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Jim Huchingson 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: Darren Goodman
Chief of Police
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Alarm Program Systems
360 Civic Drive, Suite C
Pleasant Hill, CA 94523
Attn: Jim Huchingson
Chief Executive Officer
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Parties.
31. Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the S tate or Federal Constitutions. Such n on-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 the Exhibits , represents the entire understanding of the Parties 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 hereun der. Each P arty 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, admi nistrators, and assigns of each P arty 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 o r event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence . Time is of the essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof; and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants . City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person (other than a bona fide employee working solely for Consultant) to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person (other than a bona fide employee working solely for Consultant) any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. 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 for the term of 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 whi ch 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]
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
ALARM PROGRAM SYSTEMS
IN WITNESS WHEREOF , the Parties have executed this Agreement as of the Effective Date.
CITY OF SAN BERNARDINO
APPROVED BY:
Bill Gallardo
Interim City Manager
ATTESTED BY:
Telicia Lopez
Acting City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
ALARM PROGRAM SYSTEMS
Signature
Name
Title
E-1
EXHIBIT A
SCOPE OF SERVICES
1. Introduction
The scope of services outlines the responsibilities and tasks required to administer alarm permitting and false alarm management for the City of San Bernardino (“City”). The primary goals are to streamline the alarm permitting process, reduce false alarms, and enforce compliance with the City's alarm systems ordinance.
2. Compliance with City Ordinance
Services must ensure full compliance with Chapter 8.81 of the City ’s Municipal Code titled Security Alarm Systems focusing on:
• Permit Application and Renewal: Streamline the application and renewal process for alarm system permits, making it accessible and efficient for all users. • False Alarm Reduction: Implement strategies to minimize false alarms, including public education and monitoring of alarm performance.
• Enforcement of Regulations: Enforce the City’s alarm ordinance through the imposition of fines, penalties, no response orders, and permit revocations for non- compliance.
3. Scope of Services
The vendor will provide the following services:
a. Permitting Process Improvement
• Provide a secure web -based portal for alarm permit applications and renewals, payments, and appeals ensuring ease of use for residents and businesses. The webpage will resemble that of the City’s. • Provide customer support services to assist users with the permitting process. o Customer service hours of operation shall be available Monday through Friday from 8:00 a.m. to 5:00 p.m. PST (at a minimum), and shall be offered in English and Spanish.
• Provide the ability for users to file appeals over fees, penalties, no -response orders, and permit revocations online.
b. False Alarm Management
• Implement a tracking system to monitor false alarms and identify repeat offenders, the purpose of which is to determine if the City’s no response policy will be applied.
E-2
• Integrate with the City’s dispatch system to import alarm incident data daily or as soon as available.
• Implement a false alarm reduction program that includes public education campaigns, access to resource information, system maintenance reminders, and user training.
• Provide reports and analytics to the City on false alarm trends and program effectiveness.
c. Enforcement and Compliance
• Establish a process for issuing notifications, fines, and penalties for non- compliance and false alarms.
• Develop a system for tracking violations and determining when permit revocation is warranted. The City will make the final determination with regards to permit revocation based on data provided by the vendor. • Ensure timely notification to alarm system users regarding fines, penalties, and potential permit revocation in alignment with the City’s Municipal Code and/or established policies.
d. Alarm Companies
• Develop a system to register alarm companies that provide services in the City as defined in the City’s Municipal Code.
• Obtain lists of alarm users from companies monthly to ensure compliance with the permit requirement. Vendor shall send invoices and permit applications to locations discovered to be unpermitted. • Enlist the assistance of alarm companies to distribute information on the City’s permit requirements.
e. Reporting and Documentation
• Provide monthly reports to the City on program performance, including metrics on permit applications, false alarms, fines issued, and per mits statuses (i.e., active, suspended, or revoked).
o The vendor shall coordinate with the City to establish an interface with the Police Department’s system to automate daily, weekly, and/or monthly reports.
• Maintain accurate records of all activities related to the permitting process, false alarm management, and ordinance enforcement.
• Provide any additional requested information, records, and reports related to the administration of the program within forty-eight (48) hours of the request.
E-3
f. Fee Collections
• Accept payments by check, credit card, debit card, and other secure and appropriate methods.
• Provide a system that includes proven financial management tools to collect fees and produce reports including accounts receivable and aging, which shall be made available to the City monthly.
• Make reasonable attempts to collect delinquent accounts and report on steps taken to collect.
5. Deliverables
• An operational online portal for alarm permit applications and renewals. • A comprehensive false alarm reduction program, including educational materials and user training sessions.
• A system for issuing, tracking, and collecting fines and penalties for ordinance violations and for monitoring false alarms and identifying repeat offenders. • Monthly performance reports detailing program metrics and compliance rates.
9. Additional Requirements
• T h e v e n d o r s h a l l m e e t a t l e a s t q u a r t e r l y w i t h C i t y s t a ff t o d i s c u s s t h e g e n e r a l status of the program.
E-4
Exhibit B
PSA - Alarm Program Systems Permits Exhibit C
ID Permit
Number
Permit_Issue
Date
Permit_Expiration
Date
Alarm_Audible_O
r_Silent
Alarm_Type
Burglary
Alarm_Type
Panic
Alarm_Type
Robbery
Alarm_Type
Fire
Alarm_Type
Medical PermitType Name Address Apartment ZipCode City Phone Email Fax Alarm_Monitorin g_Company Active Status IsGovernmentLoc
ation
PSA - Alarm Program Systems PermitBillingInfo Exhibit C ID BillingName Address Billing City ZipCode Billing_Contact_Person Billing_Contact_Person_Phone PSA - Alarm Program Systems FalseAlarm Exhibit C
ID Permit # Incident Number Alarm Type Incident Date
Time Location Apt Suite Name Disposition Dispatch Remarks
PSA - Alarm Program Systems EmergencyPermitContactInfo Exhibit C ID Permit # ContactPersonName ContactPerson
HomePhone
ContactPerson
WorkPhone
ContactPerson
CellPhone
ContactPerson
Email
ContactPerson
Pager
ContactPerson
Address
PSA - Alarm Program Systems BillingsPaymentsOutstanding Exhibit C ID Permit # Bill_Id Bill
Number
Permit
Number Bill Type Bill_Type Bill_Date incident
number Bill_Item_Amt Outstanding
Bill_Amount
Bill
Cancellation
Receipt_Item
Amt
Bill_Adjustment
Amount
Receipt_Adjustm
ent Amount
EXHIBIT D
NON-DISCLOSURE AGREEMENT
This non-disclosure agreement (“NDA”) is made and entered into as of June 4, 2025 (“Effective Date”), 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, California 92401) (“City”) and Alarm Program Systems (a limited liability corporation with its principal place of business at 360 Civic Drive, Suite C, Pleasant Hill, California 94523) (“Consultant”).
City and Consultant are hereinafter sometimes referred to individuall y as “Party” and collectively as the “Parties”.
1. Consultant Access to Information. In connection with professional services agreement between the Parties dated June 4, 2025 (“PSA”), City may disclose to Consultant (or Consultant may otherwise receive access to) Confidential Information (as defined below).
2. Confidential Information. “ Confidential Information” means all non- public, proprietary, or confidential information ( of or provided by City) in oral, visual, written, electronic, or ot her tangible or intangible form (whether or not marked or designated as “confidential”); and all notes, analyses, summaries, and other materials prepared by Consultant or any of i ts affiliates (and its or their employees, officers, directors, attorneys, accountants and financial advisors (collectively, “Representatives”)) that contain (are based on or otherwise reflect, to any degree) any of the foregoing (“Notes”); provided however that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Consultant ’s or any of its Representatives’ acts or omissions; (b) is obtained by Consultant or any of its Representatives on a non - confidential basis from a third party that was not legally or contractually restricted from disclosing such information; (c) was in Consultant’s or any of its Representatives’ possession as established by documentary evidence before City’s disclosure hereunder; or (d) was or is independently developed by Consultant or its Representatives as established by documentary evidence without using any Confidential Information. Confidenti al Information also includes: (a) the facts that the Parties are in discussions regarding the PSA and that Confidential Inform ation has been disclosed; and (b) any terms, conditions , or arrangements discussed.
3. Use of Confidential Information. Consultant shall use the Confidential Information (which Consultant acknowledges is provided without any representation or warranty) solely for the purpose of ensuring a smooth transition from the Phoenix Group to the Consultant as contemplated under the PSA; and shall not disclose or permit access to Confidential Information other than to its Representatives . Consultant shall safeguard the Confidential Information from unauthorized use, access , or disclosure using at least the degree of care it uses to protect its most sensitive information; and no less than a reasonable degree of care. Consultant shall promptly notify City of any unauthorized use or disclosure
of Confidential Information, and use its best efforts to prevent further use or disclosure.
Consultant will be responsible for any breach of this NDA caused by its Representatives.
4. Disclosure Required by Law . If Consultant or any of its Representatives is required by law to disclose any Confidential Information, Consultant shall (before such disclosure) notify City of such requirements ; and shall only disclose that portion of the Confidential Informat ion that Consultant is required to disclose under applicable law. At City’s request, Consultant shall promptly either return to City or destroy all Confidential Information in its and its Representatives’ possession. City retains its entire right, title , and interest in (and to all of) the Confidential Information; and is entitled to equitable relief as a remedy for any breach under this NDA.
5. Expiration. The rights and obligations of the P arties under this NDA expire immediately after the PSA’s Effective Date.
6. Governing Law. This NDA (and all matters relating hereto) are governed by and construed in accordance with the laws of the State of California, without regard to the conflict of law provisions of such State.
7. Notice. All notices must be in writing and addressed to the relevant Party at its address provided in the PSA; and personally delivered or sent prepaid by nationally recognized courier or certified or registered mail, return receipt requested, and are effective on actual receipt.
8. Entire Agreement. This NDA is the entire agreement of the Parties regarding its subject matter and may only be amended, modified, waived, or supplemented by an agreement in writing signed by both Parties.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR NON-DISCLOSURE AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
ALARM PROGRAM SYSTEMS
IN WITNESS WHEREOF , the Parties have executed this Agreement as of the Effective Date.
CITY OF SAN BERNARDINO
APPROVED BY:
Bill Gallardo
Interim City Manager
ATTESTED BY:
Telicia Lopez
Acting City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
ALARM PROGRAM SYSTEMS
Signature
Name
Title
Adopted May 20, 2020
Effective July 19, 2020
DEPARTMENT DIVISION/
PROGRAM FEE TITLE DESCRIPTION FEE
City of San Bernardino Master Fee Schedule
POLICE ADMIN 2ND HAND
DEALER/PAWNSHOP
LICENSE
To license a second-hand dealer or pawnshop. $480 -Initial $135 renewal POLICE ADMIN ALARM PERMITS To cover costs associated with police responses to continued false alarms and to encourage
proper maintenance of alarm systems to avoid
waste of law enforcement resources.
$30 Annual Alarm Permit
$15 Annual Alarm Permit Low Income
$25 Alarm System Installation Approval
$10 Alarm System Monitoring Transfer
POLICE ADMIN FALSE ALARM - ALARM NON-
PERMIT HOLDERS
To cover costs associated with police responses
to continued false alarms and to encourage
proper maintenance of alarm systems to avoid
waste of law enforcement resources.
(within 12 month period)
1st: $200
2nd: $250
3rd: $350
4th and above: $400
POLICE ADMIN FALSE ALARM - ALARM
PERMIT HOLDERS
To cover costs associated with police responses
to continued false alarms and to encourage
proper maintenance of alarm systems to avoid
waste of law enforcement resources.
(within 12 month period)
1st & 2nd: $0
3rd: $100
4th: $200
5th and above: $300
POLICE ADMIN POLICE SERVICES FOR
SPECIAL EVENTS
When the Police Department is asked to provide
law enforcement services at special events
Officer's current hourly rate at times & 1/2
(overtime rate) plus 20% overhead with four (4)
hour minimum
POLICE PATROL FIX-IT TICKET SIGN-OFF To review vehicle repairs when a ticket has been issued to the vehicle owner for a problem
such as defective lights.
$25
POLICE RECORDS CAD INCIDENT PRINTOUT Printout from CAD system $30 16 of 29
2 0
9 2
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 4, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Resolutions Adopting List of Projects under SB1 2025/2026 Road Maintenance Program, Recording
Supplemental Appropriations in the amount of
$7,352,750.90 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1. Adopt Resolution No. 2025-306 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2025/26 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017; and
2. Adopt Resolution No. 2025-307 authorizing the Interim Director of Finance and Management Services to amend the FY 2025/26 Capital Improvement Plan, recording supplemental appropriations in the amount of $5,943,708.00 in SB1 Fund and $1,409,042.90 in Measure I Fund, for a total additional appropriation of $7,352,750.90 for Street Rehabilitation – Major Arterial Entrances to the City (Project No. 13655) Project.
Executive Summary
This report recommends that the Mayor and City Council adopt resolutions approving the City of San Bernardino’s FY 2025/26 list of road maintenance and rehabilitation projects eligible for funding under Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017. Approval is required to maintain the City’s eligibility to receive an estimated $5.94 million in Road Maintenance and Rehabilitation Account (RMRA) funding from the State. Additionally, the report seeks authorization for the Interim Director of Finance and Management Services to amend the FY 2025/26 Capital Improvement Plan to appropriate a total of $7.35 million—including $5.94 million in SB1 funds and $1.41 million in Measure I funds—to support the Street Rehabilitation – Major Arterial Entrances to the City project. These improvements align with the City’s strategic goals for infrastructure asset management and address critical pavement maintenance needs identified in the 2 0
9 2
City's pavement management plan.
Background
Senate Bill (SB) 1
On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statute 2017), which is known as the Road Repair and Accountability Act of 2017 to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. SB1 increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.
On November 1, 2017, the State Controller deposited various portions of new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of the new RMRA funding was apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032 (h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and road systems.
• Annually, on July 1st, the City of San Bernardino, along with all other eligible California agencies, submits a work plan to the California Transportation Commission (CTC) committing the following fiscal years RMRA funding to a specific pavement preservation project in the coming year or in a future year if the City so desires. The submission of the work plan maintains the City's eligibility to garner RMRA funding during the forthcoming fiscal year. Without this commitment of RMRA funds the City loses its eligibility to collect RMRA funding through the State Controller's Office (SCO).
Discussion
The City anticipates receiving an estimated $5,943,708 in SB1 funds in FY 2025/26, which will be used to support the repair, rehabilitation, and improvement of the City’s street segments identified on the SB1 FY 2025/26 project list. To remain eligible to receive such funds through RMRA program, the City, through its Measure I funds, is required to allocate at least $1,167,244 on an annual basis.
Every year on July 1 st, the City is required to adopt a resolution identifying projects using RMRA allocation and submit this list of adopted projects to the State to meet the eligibility requirement to receive RMRA funds. If this is not done by July 1, the City loses its eligibility to collect RMRA funding.
2 0
9 2
The City's required local Maintenance of Effort (MOE) amount to be applied to the project under SB1 is estimated to be $1,167,244.00, as shown on the table below.
Staff recommends adding the following list of projects to the SB1/RMRA funded projects list so that they can be funded in-part or solely with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues. These projects involve asphalt roadway maintenance and rehabilitation (mill and overlay, slurry seal), concrete improvements, striping and related work.
New Projects which are proposed for the City Council Approval to be listed under SB1/RMRA funding:
Projects in City's FY 2025/26 CIP Program to be listed under SB1 Road Maintenance Program:
Below is a list of all locations for projects listed under SB1 Road Maintenance Program:
Street Rehabilitation – Major Arterial Entrances to the City (Project No: 13655):
W 2 nd Street from I-215 Fwy east to Arrowhead Avenue
N University Parkway from X-walk at N State Street north to Kendall Drive S Tippecanoe Avenue from Lee Street north to Mission Zanja Creek north of Hardt Street
W Baseline Street from Perris Street to Mt Vernin Avenue N Waterman Avenue SR210 E/B On/Off Ramps south to Highland Avenue E Highland Avenue from Eucalyptus Drive to Robinson Road Staff recommends appropriate funds in the amount of $7,352,750.90. Of this, $5,943,708.00 would come from SB1 funds and $1,409,042.90 (Maintenance of Effort $1,167,244.00 plus $241,802.90) from Measure I funds.
Staff also recommends approval of the attached Resolutions listing proposed projects to be funded under SB1 2025/2026 Road Maintenance Program. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1d. Improved Operational & Financial Capacity - Create a framework for spending decisions and 1f. Create an asset management plan. Approval of the proposed project list will allow staff to move forward in addressing deferred street maintenance needs identified in the pavement management plan, and secure project funding resources available through SB1/RMRA.
2 0
9 2
Fiscal Impact
There is no General Fund impact associated with this item. A combination of other funds in the amount of $7,352,750.90 would be used. Of this, $5,943,708.00 would come from SB1 funds and $1,409,042.90 (Maintenance of Effort $1,167,244.00 plus $241,802.90) from Measure I funds.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1. Adopt Resolution No. 2025-306 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2025/26 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017; and
2. Adopt Resolution No. 2025-307 authorizing the Director of Finance to amend the FY 2025/26 Capital Improvement Plan, recording supplemental appropriations in the amount of $5,943,708.00 in SB1 Fund and $1,409,042.90 in Measure I Fund, for a total additional appropriation of $7,352,750.90 for Street Rehabilitation – Major Arterial Entrances to the City (Project No. 13655) Project
Attachments
Attachment 1 Resolution No. 2025-306 Approving SB1 Project List for Submittal
Attachment 2 Resolution No. 2025-307 Amending FY 2025/26 Capital Improvement Plan
Ward:
All Wards
Synopsis of Previous Council Actions:
July 3, 2024 Resolution 2024-146 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2024/25 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017.
June 26, 2023 Resolution 2023-091 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2023/24 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017.
June 1, 2022 Resolution 2022-110 Approving the Road Maintenance and Rehabilitation Proposed Projects list for Submittal to the California Transportation Commission: Adopting a list of projects 2 0
9 2
for Fiscal Year 2022/2023 to be funded by Senate Bill 1: Road Repair and Accountability Act 2017
May 19, 2021 Resolution 2021-119 Approving the Road Maintenance and Rehabilitation Proposed Projects list for Submittal to the California Transportation Commission: Adopting a list of projects for Fiscal Year 2021/2022 to be funded by Senate Bill 1: Road Repair and Accountability Act 2017
April 15, 2020 Resolution 2020-67 Adopting a list of projects for Fiscal Year 2020/21 to be funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.
May 1, 2019 Resolution 2019-063 Adopting a list of projects for Fiscal Year 2019/20 Funded by Senate Bill 1 (SB1): The Road Repair and Accountability Act of 2017.
May 16, 2018 Resolution 2018-143 Approving a list of projects to receive Road Maintenance and Rehabilitation Account Funding.
December 20, 2017 Resolution 2017-242 Approving a list of projects to receive Road Maintenance and Rehabilitation Account Funding.
Resolution No. 2025-306
Resolution 2025-306
June 4, 2025
7 0
2 6
RESOLUTION NO. 2025-306
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE ROAD MAINTENANCE AND
REHABILITATION PROPOSED PROJECT LIST FOR
SUBMITTAL TO THE CALIFORNIA TRANSPORTATION
COMMISSION; AND ADOPTING A LIST OF PROJECTS
FOR FISCAL YEAR 2025/26 TO BE FUNDED BY SENATE
BILL 1: ROAD REPAIR AND ACCOUNTABILITY ACT OF
2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $5,943,708 in RMRA funding in Fiscal Year 2025-26 from SB 1; and
WHEREAS, this is the 9th year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate Major Arterial Entrances to the City, add active transportation infrastructure throughout the City this year and XX of simular projects into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in an "at-risk" condition and this revenue will help us Resolution No. 2025-306
Resolution 2025-306
June 4, 2025
7 0
2 6
increase the overall quality of our road system and over the next decade will bring our streets and roads into a better condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The foregoing recitals are true and correct. and are incorporated herein by this reference.
SECTION 2.The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues:
Project Title: Street Rehabilitation – Major Arterial Entrances to the City (Project No:
13655)
Project Description: Asphalt cold mill and overlay, and striping improvements.
Project Location: 2nd Street - 215 to Arrowhead Avenue, University Parkway – State Street to Kendall Drive, Tippecanoe Avenue – Lee Street Lane to Mission Zanja no Hardt Street, Baseline Street from Perris Street to Mt Vernon Avenue, Waterman Avenue – SR210 to Highland Avenue, E Highland Avenue from Eucalyptus Drive to Robinson Road.
Estimated Project Schedule: Start (12/2025)- Completion (6/2026) Estimated Project Useful Life: 12-15 years
SECTION 3.The following previously proposed and adopted projects may also utilize Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues in their delivery.
With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
No previous projects will utilizing FY2025/26 Road Maintenance and Rehabilitation Funding.
SECTION 4. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project.
Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines;
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 -Existing Facilities) of the CEQA Guidelines because it involves the street rehabilitation. Additionally, the City Council finds this Resolution No. 2025-306
Resolution 2025-306
June 4, 2025
7 0
2 6
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.
(3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation Resolution No. 2024-XXX does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council.
SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of June 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2025-306
Resolution 2025-306
June 4, 2025
7 0
2 6
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-306, adopted at a regular meeting held on the 4 th day of June 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 June 2025.
Telicia Lopez, CMC, Acting City Clerk
Resolution No. 2025-307
Resolution 2025-307
June 4, 2025
7 0
2 7
RESOLUTION NO. 2025-307
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE FY 2025/26 CAPITAL IMPROVEMENT
PLAN RECORDING SUPPLEMENTAL APPROPRIATIONS
FOR VARIOUS PROJECTS
WHEREAS, on April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statute 2017), which is known as the Road Repair and Accountability Act of 2017 to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. SB1 increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years; and
WHEREAS, the City of San Bernardino (“City”) developed a Five-Year Capital Improvement Program (CIP) consistent with the 2021-2025 Key Strategic Targets and Goals established by the Mayor and City Council; and
WHEREAS, this CIP is a five-year program that links the planning of capital improvements to realistic, reliable funding sources. This ensures that the planning and implementation of such projects are balanced within available resources; and WHEREAS, projects included in the CIP are based on an assessment of community needs, Mayor and City Council priorities and available funding. Capital projects relate to new construction, major improvements or rehabilitation of assets, or acquisition of a structure.
WHEREAS, CIP projects are reviewed and updated annually. Consideration is given to potential sources of funding, financing opportunities, and the value of the project using criteria including the protection of public health and safety, adherence to legal requirements, environmental quality, level of public support, return on investment, availability of financing, and relationship to Mayor and City Council Goals and Objectives; and WHEREAS, the City developed its FY 2025/26 Capital Improvement Plan; and WHEREAS, the FY 2025/26 Capital Improvement Plan requires a supplementation appropriation in the amount of $5,943,708 in SBl Funds and $1,409,042.90 in Measure I (Maintenance of Effort) to fully fund Street Rehabilitation – Major Arterial Entrances to the City (Project No: 13655).
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
Resolution No. 2025-307
Resolution 2025-307
June 4, 2025
7 0
2 7
SECTION 2.Mayor and City Council hereby authorize the Agency Director of Finance and Management Services to amend the FY 2025/26 Capital Improvement Plan, recording a supplemental appropriation in the amount of $5,943,708 in SBl Fund and $1,409,042.90 in Measure I Fund, for a total additional contribution of $7,352,750.90 for Street Rehabilitation – Major Arterial Entrances to the City (Project No: 13655) Project.
SECTION 3.As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines; (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class I -Existing Facilities) of the CEQA Guidelines because it involves street rehabilitation. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the 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.
(3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the City Council.
SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of June 2025.
Helen Tran, Mayor
City of San Bernardino
Resolution No. 2025-307
Resolution 2025-307
June 4, 2025
7 0
2 7
Attest:
Telicia Lopez, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2025-307
Resolution 2025-307
June 4, 2025
7 0
2 7
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-307, adopted at a regular meeting held on the 4 th day of June 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 June 2025.
Telicia Lopez, CMC, Acting City Clerk
2 7
1 5
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 4, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Award the Construction Agreement to Leonida Builders Inc. for the construction of concrete pads, utility
connections and other site improvements for the
installation of the Twelve Modular Kennel Buildings, and Parking Lot Improvements for Animal Services in the
amount of $1,075,370.00 (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California;
1. Adopt Resolution 2025-304 authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP Budget with an additional $653,153.88 for the San Bernardino Animal Shelter Improvements Project using the Measure S fund balance.; and
2. Approve the award of a Construction Agreement with Leonida Builders Inc., in the amount of $1,075,370.00 for the construction of concrete pads, utility connections and other improvements for the installation of Twelve Modular Building and parking lot improvements (Project); and
3. Authorize construction contingencies, construction management, and administrative costs in the total amount of $500,000.00 for construction of the project; and
4. Authorize the City Manager or designee to execute all documents with Leonida Builders Inc.; and
5. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project; and
2 7
1 5
6. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).
Executive Summary
The total available project budget is approximately $974,496.12. A total of $1,627,650.00 is recommended to complete the site preparation and installation of the twelve modular kennel buildings. To cover the shortfall, staff recommends adopting the resolution to provide $653,153.88 from the Measure S fund for the project.
Approving the award of the construction agreement with Leonida Builders Inc. allows the next phase of improvements to commence, which includes the construction of concrete pads, utility connections and other improvements necessary for the installation of twelve (12) modular kennel buildings to provide additional space. The construction cost included in this agreement is $1,075,370. Additionally, $500,000.00 is recommended for contingencies, construction management, and administrative costs.
Background
In 2023, Riverside County Animal Services notified the cities that it would no longer provide shelter services after June 30, 2024. In response, the City of San Bernardino worked to establish a regional partnership agreement to provide shelter services to Colton, Fontana, Rialto, Grand Terrace, and Loma Linda, which is now in effect as of July 1, 2024.
On December 6, 2023, The Mayor and City Council adopted Resolution No. 2023-188 Authorizing the City Manager to the take the steps necessary to establish a California Nonprofit Public Benefit Corporation to support the Department of Animal Services Programs and Initiatives Regional Partnership for Animal Services.
On April 17, 2024, the Mayor and City Council adopted Resolution No. 2024-067, approving the allocation of $4,000,000 from the General Fund to support necessary improvements and upgrades to the Animal Shelter facility. Following this adoption, the Cities of Colton, Fontana, Grand Terrace, Loma Linda, and Rialto approved the participation agreements with the City of San Bernardino under the regional partnership agreement with an effective date of July 1, 2024.
As outlined in the Partnership Agreement between the City of San Bernardino and the participating cities, the responsibility for the remaining portion of the Maximum Construction Costs—beyond the $4 million paid by the City—is distributed among the partner cities based on a predetermined percentage formula. The City of San Bernardino is responsible for 53.50% of the Participants’ Share, followed by the City of Fontana at 24.00%, the City of Rialto at 14.00%, the City of Colton at 7.00%, the City of Grand Terrace at 1.00%, and the City of Loma Linda at 0.50%. Together, these contributions total 100% of the Participants’ Share of Maximum Construction Costs.
Per the agreement, each city will remain responsible for any increase in costs, in accordance with the percentage they have already agreed to. 2 7
1 5
On August 7, 2024, the Mayor and City Council adopted Resolution No. 2024-170, authorizing the City Manager to execute a Good Purchase Agreement with Horizon Structures in the amount of $2,096,324 for the acquisition of modular buildings for the Animal Shelter facility. The City of San Bernardino's share of the cost is $1,111,052, with the remaining $985,272 funded through the regional partnership agreement.
The Mayor and City Council also adopted Resolution No. 2024-151 on August 7, 2024, authorizing the City Manager to execute a Good Purchase Agreement with William Scotsman Inc. in the amount of $406,492 for the purchase of a modular office for the Animal Shelter. The City of San Bernardino's share of this cost is $217,745, with $188,747 covered by the regional partnership.
On October 2, 2024, the Mayor and City Council adopted Resolution No. 2024-209, approving the Lease Agreement with Casa Ramona Inc. For 1543 W 8 th Street, San Bernardino California, For an Animal Shelter Supportive Services Center with a total yearly lease expense of $216,656.00.
Discussion
The proposed improvements at the San Bernardino Animal Shelter are centered around the installation of twelve (12) modular buildings that will significantly increase the facility’s operational capabilities. The use of modular construction allows for faster deployment, cost efficiency, and flexibility to adapt to future needs as demand for services continues to grow.
The modular buildings will significantly increase the total number of kennels, and are intended to support the expanded range of services now required due to the recently established Regional Partnership for Animal Services with the Cities of Colton, Fontana, Grand Terrace, Loma Linda, and Rialto. A phased construction approach will be implemented to minimize disruption to existing shelter operations.
The project was publicly advertised for bidding on PlanetBids on April 7, 2025. A total of seven sealed bids were received and opened on May 21, 2025.
The total base bids submitted are as follows:
Contractor City Amount
Leonida Builders Inc. Acton, CA $1,046,870.00
Estate Design and Construction Culver, CA $1,511,000.00 Horizons Construction Orange, CA $1,951,544.00
RG General Engineering Inc. Norco, CA $2,077,369.00
Dorado Design Construction Pasadena, CA $2,410,038.05
JRH Construction Irvine, CA $2,589,324.00
RC Construction Redlands, CA $2,697,433.00
Staff have reviewed all bid packages and determined that Leonida Builders Inc., of 2 7
1 5
Acton, CA, submitted the lowest responsible and responsive bid of $1,046,870.00.
Staff also recommends including the additive alternate items in the contract, which would provide a budget for utility standby time and construction of concrete pad with additional underground conduits. The cost of the additive alternate items is $28,500.
Funding is also needed for a topographic survey in the amount of $46,780 and a Water Quality Management Plan (WQMP) in the amount of $5,500. An additional $500,000 is recommended for contingencies, construction management, and administrative costs. The total cost is $1,627,650.00 for the proposed work.
Proposed Project Cost
Lowest Bid (Leonida Builders, Inc.) $1,046,870.00
Additive Items $28,500.00
WQMP $5,500.00
Topo & Survey $46,780.00
Contingencies & Administrative Cost $500,000.00
Total Project Cost $1,627,650.00
The original project budget, allocated from the general fund, was $4,000,000.00. The total costs amounted to $3,025,503.88, leaving a remaining balance of $974,496.12.
Project Costs
Casa Ramona Lease $131,656.00
Inland Empire Glass $23,350.02
Sehi Computer Products $34,643.43
Borga Steel Building $54,628.48
Horizon Structures $2,096,324.00
Prime Construction (Borga) $90,000.00
Prime Construction (Epoxy) $96,420.00
Williams Scotsman $419,641.00
Castle Construction $57,993.21
Util-Locate $7,250.00
Z&K Consultants $9,900.00
Hilltop $1,425.00
Staff Time $2,272.74
Total $3,025,503.88
Project Budget
Remaining Project Budget $974,496.12
Proposed Project Cost $1,627,650.00
Additional Funding Needed ($653,153.88)
Staff recommends allocating an additional $653,153.88 from the Measure S Fund to support the proposed improvements to the animal shelter.
Below is the tentative construction and installation schedule outlining the anticipated timeline and key milestones for this Project, emphasizing that it is subject to 2 7
1 5
adjustments due to contingencies and unforeseen circumstances. The Construction Contractor shall complete all work required by the Contract Documents within ninety days (90) calendar days from the commencement date stated in the Notice to Proceed.
This construction project marks the completion of the upgrade to the existing Animal Shelter.
Environmental Impact
The Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or Reconstruction (“Class 2”). The Class 2 exemptions allow for the replacement or reconstruction of existing structures or facilities where the new structure will be located on the same site as the replaced structure and will have substantially the same purpose and capacity as the structure replaced. Here, the Project involves minor improvements and reconstructing the animal shelter facilities located on the same site.
The City has also considered whether the proposed Project is subject to any exception to the Class 2 exemption, as set forth in State CEQA Guidelines section 15300.2. No exception applies for the following reasons:
a) The location exception only applies to Class 3, 4, 5, 6, and 11 exemptions, none of which are being utilized here.
b) The proposed Project would not result in any significant cumulative impacts on the environment. The cumulative impacts exception does not apply because the Project has no
incrementally significant impacts on the environment.
c) A categorical exemption may be subject to an exception where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual
Mayor and City
Council Approval
• June 4, 2025
Contract Execution
& P.O Issuance
• June 2025
Pre-Construction
Meeting
• June 2025
Notice to Proceed
• June 2025
Construction Start
• June 2025
Site Prepreation
(Construction)
Completed
• September 2025
Kennel Installation
Completed
• December 2025
2 7
1 5
circumstances. The proposed Project does not involve any unusual circumstances and has no potential to result in a significant impact on the environment.
d) Under the “scenic highways” exception, a categorical exemption may be subject to an exception where the project may result in damage to scenic resources within a highway officially
designated as a state scenic highway. The exception does not apply here as the Project would not damage any scenic
resources within a state scenic highway.
e) The Project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. f) The Project site does not contain a historical resource. 2021-2025 Strategic Targets and Goals
The purchase of a modular building and improvements of the parking lot aligns with Key Target No. 2 Focused Aligned Leadership and Unified Community and Key Target No. 3 Improved Quality of Life. The twelve new kennel buildings and the parking lot improvements will enable the City to serve the needs of both our residents and their pets while engaging the community to assist the Department by volunteering, fostering and adopting pets from the shelter.
Fiscal Impact
The additional $653,153.88 required for the project will be funded through Measure S.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California;
1. Adopt Resolution 2025-304 authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP Budget with an additional $653,153.88 for the San Bernardino Animal Shelter Improvements Project using the Measure S fund balance.; and
2. Approve the award of a Construction Agreement with Leonida Builders Inc., in the amount of $1,075,370.00 for the construction of concrete pads, utility connections and other improvements to install Twelve Modular Building and parking lot improvements (Project); and
3. Authorize construction contingencies, construction management, and administrative costs in the total amount of $500,000.00 for construction of the project; and
2 7
1 5
4. Authorize the City Manager or designee to execute all documents with Leonida Builders Inc.; and
5. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project; and
6. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).
Attachments
Attachment 1 Resolution No. 2025-304
Attachment 2 Agreement with Leonida Builders Inc.
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map
Ward:
Ward 3
Synopsis of Previous Council Actions:
December 6, 2023 Resolution No. 2023-188 of the Mayor and City Council of San Bernardino, California, Authorizing the City Manager to the take the steps necessary to establish a California Nonprofit Public Benefit Corporation to support the
Department of Animal Services Programs and Initiatives
Regional Partnership for Animal Services
April 17, 2024 Authorize and Appropriate Funding for Animal Services for the Preparation of the Regional Partnership Agreements – Site Improvement Costs
June 5, 2024 Authorize and Appropriate Funding for Animal Services for the Preparation of the Regional Partnership Agreements– Staffing Costs
August 7, 2024 Authorize the purchase office Modular Building Reso No. 2024-151
October 2, 2024 Authorize the Lease agreement With Casa Ramona Inc.
Reso No. 2024-209
Resolution No. 2025-304
Resolution 2025-304
June 4, 2025
7 0
8 7
RESOLUTION NO. 2025-304
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE FY 2024/25 CIP BUDGET WITH AN
ADDITIONAL $653,153.88 FOR THE SAN BERNARDINO
ANIMAL SHELTER IMPROVEMENTS PROJECT USING
THE MEASURE S FUND BALANCE
WHEREAS, On April 17, 2024, the Mayor and City Council adopted Resolution No. 2024-067, approving the allocation of $4,000,000 from the General Fund to support necessary improvements and upgrades to the Animal Shelter facility; and WHEREAS, on August 7, 2024, the Mayor and City Council adopted Resolution No. 2024-170, authorizing the City Manager to execute a Good Purchase Agreement with Horizon Structures in the amount of $2,096,324 for the acquisition of modular buildings for the Animal Shelter facility. The City of San Bernardino's share of the cost is $1,111,052, with the remaining $985,272 funded through the regional partnership agreement; and WHEREAS, On the same date, the Mayor and City Council also adopted Resolution No. 2024-151, authorizing the City Manager to execute a Good Purchase Agreement with William Scotsman Inc. in the amount of $406,492 for the purchase of an additional building for the Animal Shelter. The City of San Bernardino's share of this cost is $217,745, with $188,747 covered by the regional partnership; and
WHEREAS, the FY 2024/25 Capital Improvement Plan requires a supplementation appropriation in the amount of $653,153.88 in Measure S to fully fund the San Bernardino Animal Shelter Improvements Projects.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2.Mayor and City Council hereby authorize the Agency Director of Finance and Management Services to amend the FY 2024/25 CIP Budget with an additional $653,153.88 for the San Bernardino Animal Shelter Improvements Project using the Measure S fund balance SECTION 3.As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project.
Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines.
Resolution No. 2025-304
Resolution 2025-304
June 4, 2025
7 0
8 7
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class I -Existing Facilities) of the CEQA Guidelines because it involves street rehabilitation. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the 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.
(3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the City Council.
SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of June 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2025-304
Resolution 2025-304
June 4, 2025
7 0
8 7
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-304, adopted at a regular meeting held on the 4 th day of June 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 5th day of June 2025.
Telicia Lopez, CMC, Acting City Clerk
00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. RFQ F-25-4039 is made and entered into this 4th day of June 2025 by and between the CITY OF SAN BERNARDINO, with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Leonida Builders Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
San Bernardino Animal Shelter Improvements
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 CALENDAR DAYS calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One million seventy-five thousand three hundred seventy dollars and zero cents. ($1,075,370.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following With Appendices:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Appendices
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF SAN BERNARDINO
By:
BILL GALLARDO
INTERIM CITY MANAGER
ATTEST:
By:
Telicia Lopez, Acting City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
Leonida Builders Inc.
By:
Its:
Printed Name:
By:
Its:
Printed Name:
896772____________________________________
Contractor’s License Number and Classification
1001081351____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Mobilization LS 1 55,000.00$ 55,000.00$ 120,000.00$ 120,000.00$ 78,759.00$ 78,759.00$ 181,488.00$ 181,488.00$ 198,000.00$ 198,000.00$ 138,557.00$ 138,557.00$ 148,050.00$ 148,050.00$ $131,407.71 $131,407.71 $55,000.00 $198,000.00 2 Grading, Clearing And Grubbing LS 1 30,000.00$ 30,000.00$ 10,000.00$ 10,000.00$ 11,500.00$ 11,500.00$ 68,173.00$ 68,173.00$ 85,400.00$ 85,400.00$ 253,194.00$ 253,194.00$ 113,210.00$ 113,210.00$ $81,639.57 $81,639.57 $10,000.00 $253,194.00 3 Traffic Control LS 1 2,000.00$ 2,000.00$ 76,500.00$ 76,500.00$ 18,000.00$ 18,000.00$ 12,342.00$ 12,342.00$ 38,500.00$ 38,500.00$ 27,556.00$ 27,556.00$ 5,610.00$ 5,610.00$ $25,786.86 $25,786.86 $2,000.00 $76,500.00 4 Erosion Control Plan & BMPs LS 1 7,000.00$ 7,000.00$ 45,000.00$ 45,000.00$ 12,500.00$ 12,500.00$ 18,898.00$ 18,898.00$ 7,200.00$ 7,200.00$ 40,000.00$ 40,000.00$ 16,830.00$ 16,830.00$ $21,061.14 $21,061.14 $7,000.00 $45,000.00 5 Remove And Dispose Existing A.C. Pavement SF 14500 3.00$ 43,500.00$ 6.68$ 96,860.00$ 3.50$ 50,750.00$ 2.50$ 36,250.00$ 1.75$ 25,375.00$ 3.88$ 56,260.00$ 3.36$ 48,720.00$ $3.52 $51,102.14 $1.75 $6.68 6 Remove And Dispose Existing Chain Link Fence, Privacy Slats, And Gates LF 520 10.00$ 5,200.00$ 14.57$ 7,576.40$ 27.00$ 14,040.00$ 11.00$ 5,720.00$ 140.00$ 72,800.00$ 16.00$ 8,320.00$ 19.35$ 10,062.00$ $33.99 $17,674.06 $10.00 $140.00 7 Remove And Dispose Existing P.C.C. Curb LF 130 15.00$ 1,950.00$ 13.61$ 1,769.30$ 46.00$ 5,980.00$ 14.20$ 1,846.00$ 71.00$ 9,230.00$ 12.00$ 1,560.00$ 12.95$ 1,683.50$ $26.39 $3,431.26 $12.00 $71.00 8 Remove And Dispose Existing P.C.C. Cross Gutter SF 320 10.00$ 3,200.00$ 11.51$ 3,683.20$ 17.00$ 5,440.00$ 7.50$ 2,400.00$ 32.00$ 10,240.00$ 10.00$ 3,200.00$ 15.32$ 4,902.40$ $14.76 $4,723.66 $7.50 $32.00 9 Construct 0.46' Type A H.M.A. Pavement Over 0.5' Class 2 Aggregate Base Over 12" 95% Compacted Subgrade Ton 400 270.00$ 108,000.00$ 181.82$ 72,728.00$ 245.00$ 98,000.00$ 287.00$ 114,800.00$ 450.00$ 180,000.00$ 353.00$ 141,200.00$ 134.64$ 53,856.00$ $274.49 $109,797.71 $134.64 $450.00 10 Construct 6" Type "C" P.C.C. Curb And Gutter Per City Of San Bernardino Std Dwg 200 LF 500 48.00$ 24,000.00$ 73.01$ 36,505.00$ 48.00$ 24,000.00$ 75.10$ 37,550.00$ 365.00$ 182,500.00$ 50.00$ 25,000.00$ 56.10$ 28,050.00$ $102.17 $51,086.43 $48.00 $365.00 11 Relocate Existing Fence And Man Gate LF 270 18.00$ 4,860.00$ 44.00$ 11,880.00$ 50.00$ 13,500.00$ 118.00$ 31,860.00$ 500.00$ 135,000.00$ 227.00$ 61,290.00$ 207.57$ 56,043.90$ $166.37 $44,919.13 $18.00 $500.00 12 Adjust To Grade Existing Sewer Cleanout EA 2 500.00$ 1,000.00$ 450.00$ 900.00$ 1,380.00$ 2,760.00$ 991.00$ 1,982.00$ 925.00$ 1,850.00$ 1,470.00$ 2,940.00$ 1,075.44$ 2,150.88$ $970.21 $1,940.41 $450.00 $1,470.00 13 Adjust To Grade Existing Water Meter Box. EA 1 500.00$ 500.00$ 450.00$ 450.00$ 920.00$ 920.00$ 1,030.00$ 1,030.00$ 950.00$ 950.00$ 988.00$ 988.00$ 1,075.00$ 1,075.00$ $844.71 $844.71 $450.00 $1,075.00 14 Adjust To Grade Existing Irrigation Control Valve Box EA 1 500.00$ 500.00$ 450.00$ 450.00$ 920.00$ 920.00$ 933.00$ 933.00$ 950.00$ 950.00$ 1,800.00$ 1,800.00$ 987.00$ 987.00$ $934.29 $934.29 $450.00 $1,800.00 15 Construct 6" Type "A" P.C.C. Curb Per City Of San Bernardino Std Dwg 200 LF 130 40.00$ 5,200.00$ 69.01$ 8,971.30$ 33.00$ 4,290.00$ 63.00$ 8,190.00$ 675.00$ 87,750.00$ 50.00$ 6,500.00$ 50.49$ 6,563.70$ $140.07 $18,209.29 $33.00 $675.00 16 Construct P.C.C. Pad For Proposed 14' X 54' Kennel Per Kennel Plans, Finish Surface Elevation As Noted On The Grading Plans. CY 130 250.00$ 32,500.00$ 732.20$ 95,186.00$ 315.00$ 40,950.00$ 1,007.00$ 130,910.00$ 225.00$ 29,250.00$ 400.00$ 52,000.00$ 1,985.94$ 258,172.20$ $702.16 $91,281.17 $225.00 $1,985.94 17 Construct P.C. Pad For Proposed 24' X 60' Kennel Per Kennel Plans, Finish Surface Elevation As Noted On The Grading Plans. CY 45 700.00$ 31,500.00$ 732.20$ 32,949.00$ 320.00$ 14,400.00$ 709.00$ 31,905.00$ 1,050.00$ 47,250.00$ 400.00$ 18,000.00$ 2,782.56$ 125,215.20$ $956.25 $43,031.31 $320.00 $2,782.56 18 Construct P.C.C. Pad For Proposed 20' X 60' Kennel Per Plans, Finish Surface Elevation As Noted On The Grading Plans. CY 55 480.00$ 26,400.00$ 732.20$ 40,271.00$ 320.00$ 17,600.00$ 2,005.00$ 110,275.00$ 900.00$ 49,500.00$ 400.00$ 22,000.00$ 2,737.68$ 150,572.40$ $1,082.13 $59,516.91 $320.00 $2,737.68 19 Construct P.C.C. Sidewalk Per City Of San Bernardino Std Dwg 202, Case A. Width Per Plan. 2% Max Cross Slope
SF 1800 13.00$ 23,400.00$ 29.31$ 52,758.00$ 14.20$ 25,560.00$ 28.50$ 51,300.00$ 53.00$ 95,400.00$ 40.00$ 72,000.00$ 23.56$ 42,408.00$ $28.80 $51,832.29 $13.00 $53.00 20 Relocating Existing Sign and Bollards LS 1 1,000.00$ 1,000.00$ 12,000.00$ 12,000.00$ 2,710.00$ 2,710.00$ 4,194.00$ 4,194.00$ 2,850.00$ 2,850.00$ 8,000.00$ 8,000.00$ 19,635.00$ 19,635.00$ $7,198.43 $7,198.43 $1,000.00 $19,635.00 21 Construct 3' Wide P.C.C. Cross Gutter Per City Of San Bernardino Std Dwg 201. Tie Into Existing Cross Gutter As Shown In The Grading Plan
SF 170
25.00$ 4,250.00$ 23.67$ 4,023.90$ 37.00$ 6,290.00$ 37.00$ 6,290.00$ 385.00$ 65,450.00$ 25.00$ 4,250.00$ 78.54$ 13,351.80$ $87.32 $14,843.67 $23.67 $385.00 22 Construct 3' Curb End Transition Per City Of Highland Std Dwg 204. EA 3 2,000.00$ 6,000.00$ 2,500.00$ 7,500.00$ 1,100.00$ 3,300.00$ 700.00$ 2,100.00$ 385.00$ 1,155.00$ 1,500.00$ 4,500.00$ 1,346.40$ 4,039.20$ $1,361.63 $4,084.89 $385.00 $2,500.00 23 Furnish And Install HL33 HVY. Angle Bracket By Simpson @72” O.C. Attached W/ Two Bolts As Per The Plans And Data Sheet. EA 230
17.00$ 3,910.00$ 33.54$ 7,714.20$ 48.00$ 11,040.00$ 65.00$ 14,950.00$ 75.00$ 17,250.00$ 50.00$ 11,500.00$ 56.10$ 12,903.00$ $49.23 $11,323.89 $17.00 $75.00 24 Furnish, Install, Connect And Complete In Place 4” SDR 26 Pipe For The Drain Connection For The Kennels Including Clean-Out Points As Per The Specifications Including The Trenching Cut And Fill Works As Per The City Standard Drawing #310
LF 650 65.00$ 42,250.00$ 106.21$ 69,036.50$ 265.00$ 172,250.00$ 121.00$ 78,650.00$ 75.50$ 49,075.00$ 281.00$ 182,650.00$ 140.21$ 91,136.50$ $150.56 $97,864.00 $65.00 $281.00 25 Furnish, Install, Connect And Complete In Place The Water Connection Per Building And Safety Requirements For The Kennels.
LF 250 65.00$ 16,250.00$ 106.21$ 26,552.50$ 177.00$ 44,250.00$ 140.00$ 35,000.00$ 22.00$ 5,500.00$ 680.00$ 170,000.00$ 282.99$ 70,747.50$ $210.46 $52,614.29 $22.00 $680.00 26 Furnish, Install, And Connect The Electrical Connections For The Modulars Per Building And Safety Requirements Including The Distribution Boards Upgrade Per SCE Requirements and the Plans LS 1
385,000.00$ 385,000.00$ 50,000.00$ 50,000.00$ 685,420.00$ 685,420.00$ 613,918.00$ 613,918.00$ 455,000.00$ 455,000.00$ 918,000.00$ 918,000.00$ 841,500.00$ 841,500.00$ $564,119.71 $564,119.71 $50,000.00 $918,000.00 27 3" Thick Asphalt Grindings With 1” Rock Rolled Over 90% Compacted Subgrade. Ton 650 80.00$ 52,000.00$ 591.02$ 384,163.00$ 165.00$ 107,250.00$ 157.00$ 102,050.00$ 75.50$ 49,075.00$ 163.00$ 105,950.00$ 39.27$ 25,525.50$ $181.54 $118,001.93 $39.27 $591.02 28 Furnish And Install A Chain Link Fence At The East Side Of The New Parking Lot
LS 1 18,000.00$ 18,000.00$ 35,000.00$ 35,000.00$ 23,700.00$ 23,700.00$ 30,667.00$ 30,667.00$ 5,400.00$ 5,400.00$ 50,796.00$ 50,796.00$ 46,563.00$ 46,563.00$ $30,018.00 $30,018.00 $5,400.00 $50,796.00 29 Furnish, Install, Connect And Complete In Place Parking Solar Lights including the foundation As Per The Plans.
EA 7 5,000.00$ 35,000.00$ 6,285.39$ 43,997.73$ 15,700.00$ 109,900.00$ 12,975.00$ 90,825.00$ 12,500.00$ 87,500.00$ 17,049.00$ 119,343.00$ 9,737.36$ 68,161.52$ $11,320.96 $79,246.75 $5,000.00 $17,049.00 30 Design and construct trash enclosure per the architect Drawing EA 1 30,000.00$ 30,000.00$ 81,000.00$ 81,000.00$ 85,700.00$ 85,700.00$ 74,553.00$ 74,553.00$ 118,000.00$ 118,000.00$ 35,000.00$ 35,000.00$ 140,250.00$ 140,250.00$ $80,643.29 $80,643.29 $30,000.00 $140,250.00 31 Furnish and install ACO H300SK-13 Slab drain with longitudinal iron grate (or approved equal) as specified in the grading plan.
LF 300 50.00$ 15,000.00$ 135.00$ 40,500.00$ 385.00$ 115,500.00$ 391.00$ 117,300.00$ 325.00$ 97,500.00$ 60.00$ 18,000.00$ 604.98$ 181,494.00$ $278.71 $83,613.43 $50.00 $604.98 32 Furnish and install 4” schedule 80 p.v.c drainpipe as specified in the grading plan.
LF 315 60.00$ 18,900.00$ 25.00$ 7,875.00$ 291.00$ 91,665.00$ 128.00$ 40,320.00$ 90.47$ 28,498.05$ 38.00$ 11,970.00$ 210.61$ 66,342.15$ $120.44 $37,938.60 $25.00 $291.00 33 Construct infiltration trench per WQMP as specified in the grading plan
CY 170 80.00$ 13,600.00$ 160.00$ 27,200.00$ 310.00$ 52,700.00$ 110.00$ 18,700.00$ 197.50$ 33,575.00$ 100.00$ 17,000.00$ 244.79$ 41,614.30$ $171.76 $29,198.47 $80.00 $310.00 Leonida Builders Inc. Estate Design and
Construction Horizons Construction RG General Engineering Inc.
Dorado Design
Construction JRH Construction RC Construction
$1,046,870.00 $1,511,000.03 $1,951,544.00 $2,077,369.00 $2,272,973.05 $2,589,324.00 $2,697,425.65 $1,046,870.00 $1,511,000.00 $1,951,544.00 $2,077,369.00 $2,272,973.05 $2,589,374.00 $2,697,433.00 $0.00 $0.03 $0.00 $0.00 $0.00 -$50.00 -$7.35
A.
1 Utility Standby Time Month 1
$26,000.00 $26,000.00 $20,000.00 $20,000.00 $7,420.00 $7,420.00 $5,000.00 $5,000.00 $58,565.00 $58,565.00 $26,000.00 $26,000.00 $40,250.00 $40,250.00 A.
2 Construct a new Reinforced concrete pad per detail on the final electrical plan with additional underground conduits SF 100 $25.00 $2,500.00 $35.00 $3,500.00 $180.00 $18,000.00 $214.00 $21,400.00 $785.00 $78,500.00 $200.00 $20,000.00 $287.50 $28,750.00 $28,500.00 $23,500.00 $25,420.00 $26,400.00 $137,065.00 $46,000.00 $69,000.00 $1,075,370.00 $1,534,500.03 $1,976,964.00 $2,103,769.00 $2,410,038.05 $2,635,324.00 $2,766,425.65
1. BID TABULATION
PROJECT NAME: San Bernardino Animal Shilter Improvements PROJECT NO: [RFP F-24-1004]
BID TABULATION
Leonida Builders Inc. Estate Design and Construction
HIGHEST UNIT BID
PRICEActon , CA Culver, CA Orange, CA Norco, CA Pasadena, CA Irvine, CA Redlands, CA RG General Engineering Inc. Dorado Design Construction JRH Construction RC Construction
AVERAGE BID VALUES LOWEST UNIT BID
PRICE
Horizons Construction
ADDITIVE ALTERNATE # TOTAL
BASE BID + ADDITIVE ALTERNATVE TOTAL
Bid Item and Description
BID RANKING
TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES
TOTAL BID AMOUNT INDICATED BY BIDDER
CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNT ADDITIVE ALTERNATE #1
2 6
9 4
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 4, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Amendment No. 1 to Progressive Design
Build Contract with Tilden-Coil Constructors for the
California Theater Improvements Project increasing
the total amount by $1,747,404 (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-305:
1. Approving Amendment No. 1 to the Progressive Design-Build Contract with Tilden-Coil Constructors, Inc. in the amount of $1,747,404 for the California Theater Improvements (Project); and
2. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Plan budget with an additional $960,255 from the Cultural Development Fund for the project; and
3. Authorizing the City Manager or designee to execute all documents with Tilden-Coil Constructors; and
4. Authorizing the City Manager or designee to expend the contingency fund in the amount of $212,851, if necessary, to complete the project.
Executive Summary:
Amendment No. 1 to the Progressive Design-Build Contract with Tilden-Coil Constructors, Inc. will increase the total contract amount by $1,747,403. Approving the amendment provides a budget for the base construction cost, construction additive alternate, construction allowance, the remaining Tilde-Coil design services costs, and project contingencies. Recent increases in construction materials, labor, and the complexities of restoring a historic structure, resulted in higher-than- anticipated project costs. The amendment will also provide sufficient contract 2 6
9 4
budget to utilize the previously approved allocation of $1,000,000 from the Measure S Fund, as well as the proposed allocation from the Cultural Development Fund.
The new total contract amount will provide a budget for the renovation of various elements including the facade, sound system, lighting, and other architectural improvements.
To provide the remaining funding needs, an additional $960,255 is recommended from the Cultural Development Fund. This amount also includes a budget for both the Tilden-Coil contract, and City project administration and contingencies.
Background
The Public Works Department, Fleet and Building Maintenance Division, is responsible for maintaining the California Theatre of the Performing Arts located at 562 West 4th Street, San Bernardino, California. The California Theatre in San Bernardino opened in 1928. It was added to the National Register of Historic Places in 2009. It is an example of Spanish Colonial Revival architecture, or California Churrigueresque. The theatre houses one of the only remaining Wurlitzer Style 216 pipe organs, which is original to the building.
The California Theatre has historically been a critical economic and social element for downtown San Bernardino, as well as the overall San Bernardino community. To facilitate further growth of the economy of downtown San Bernardino and the business community, the City explored opportunities to secure funding to renovate the Theatre.
On April 6, 2022, the Mayor and City Council adopted Resolution No. 2022-074 awarding a Progressive Design Build contract with Tilden-Coil Constructors Inc. in an amount of $309,031. The contract was used to start conducting the necessary studies to produce a list of required improvements within a reasonable budget. This resolution also accepted the Californian Arts Council Grant in the amount of $2,500,000 and amending the FY2021/22 CIP to include the California Theatre Improvements project. (item 31) (Ward 1)
On July 20, 2022, the Mayor and City Council adopted Resolution No. 2022-136 approving acceptance of Grants Funds from the Arts Council for the California Theatre (item 13) (Ward 1).
On December 7, 2022, the Mayor and City Council approved an award to Tilden Coil in the amount of $4,561,400 for the renovation of the California Theater.
In March of 2024 City Staff met with the design build contractor to discuss added theatrical scope upgrades including the curtain, marquee lighting, stage floor painting stage lighting upgrades, and structural upgrades for sound system. On June 26, 2024 the Mayor and City Council adopted Resolution No 2024-142 approving the operational budget and Capital Improvement Program and appropriating and additional $1,000,000 from the Measure S fund for these additional improvements. 2 6
9 4
Discussion
The California Theater Improvements Project aims to restore and modernize the historic theater. Tilden-Coil Constructors, Inc. was awarded a contract to have the following improvements designed and constructed at the California Theatre:
Organ Restoration
Hazardous Material Abatement limited to work areas
Mold removal
Street Front Facade
Lighting and Controls in Lobby
Limited ADA compliance
Architectural Finishes, including painting inside, outside and carpeting replacement
Theatrical Sound System
HVAC replacement of six package units, plus one package unit added On March 3, 2025, bids for the California Theater renovation project were received by Tilden-Coil for each of the trades needed. Tilden-Coil revised their cost of work summary based on the lowest bids for each trade. In some cases, specific trade costs were revised based to ensure sufficient funding was available to complete the trade work based on the approved plans. Since this is a design-build process, the trade costs are included in Tilden-Coil’s contract and are summarized in Exhibit A-1.
Recent increases in construction materials, labor, and the complexities of restoring a historic structure, resulted in higher-than-anticipated project costs. Key materials, including aluminum and other imported components, have seen substantial price increases due to ongoing tariff challenges and global market fluctuations. Labor costs have also risen, driven by a competitive construction market and prevailing wage requirements. These combined factors have pushed the total project cost beyond initial projections, underscoring the financial impact of material and labor market trends on large-scale public renovation projects like the California Theater.
City staff, in collaboration with Tilden-Coil Constructors, have thoroughly evaluated the bid documents and concluded that the project can still move forward. As a result, adjustments to the project budget and the Tilden Coil contract are necessary to complete the project.
The trade costs received for construction cover a range of trades required for the renovation, including electrical work, painting, acoustic ceiling and treatment, roofing, steel, fire alarm and fire sprinkler systems, and HVAC installation. The base bid for these trades total $4,257,021.
Funding for the following items is also needed:
$100,000 for unquantifiable scope items such as the sheet metal canopy, substrate replacement, artwork graphics, and additional lighting in the organ 2 6
9 4
chamber.
$606,829 to refinish the auditorium floor (bid alternate), which was determined to be failing during a final preconstruction walk-through of the theater. $212,851 for Design Build Engineer contingency, allowing Tilden-Coil to provide additional support during construction as needed. $212,851 for City project administration, and contingency for other project costs that may arise.
Beyond the cost of trades, Tilden-Coil is entitled to additional costs for services such as theatrical design, general conditions, insurance, and builder’s risk coverage.
These added services amount to $1,441,133. $309,031 of this amount was previously included in the original Progressive Design Build contract with Tilden-Coil.
Total Project Budget
California Art Council Grant $2,500,000
Measure S $2,370,431
CIP budget increase 2024(Measure S) Reso 2024-142 $1,000,000 Total $5,870,431
Total Design-Build Cost
Cost of Trades $4,257,021
Allowances $100,000
Refinishing Auditorium Floor (Additive Alternate) $606,829 Design Build Engineer Contingency $212,851
Original Progressive Design Build Contract $309,031
General Contractor, Design, and Insurance Fees $1,132,103 Total $6,617,835
Tilden-Coil Contract Budget
April 6, 2022, Award $309,031
December 7, 2022, Award $4,561,400
Total Design-Build Cost ($6,617,835)
Total Contract Increase Needed (Amendment No. 1) ($1,747,404) Total Project Cost
Total-Design-Build Cost $6,617,835
City Project Administration & Contingency $212,851
Total $6,830,686
The project is supported by a California Arts Council Grant of $2,500,000, which will provide a significant portion of the funding. Additionally, Measure S Funding will 2 6
9 4
contribute $2,370,431 to the project. To cover the remaining costs, an additional Cultural Development Fund allocation of $960,255 is recommended. In total, the required funding for the project amounts to $6,830,686, which will be used to fully support the renovation efforts.
Required Funding
Total Project Budget $5,870,431
Total Project Cost $6,830,686
Additional Funding Needed ($960,255)
It is expected that construction for the project will commence in the first week of June 2025. Most of the work will be completed by the end of September 2025, with some additional minor work to be completed in the fall, such as the organ restoration installation, testing of the electrical work and sound system. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Strategic Target and Goal No. 1f: Improved Operational & Financial Capacity – Create an asset management plan. Approval of Amendment No. 1 will support economic growth by ensuring that essential renovations are carried out at the City-owned California Theater, a landmark with significant cultural and historical value. The improvements will not only preserve this important asset but will also contribute to the City’s broader efforts to manage and maintain its facilities in a way that supports future growth and financial sustainability.
Fiscal Impact
The General Fund will not be impacted by this action. An additional appropriation in the amount of $960,255 Million will be from the Cultural Development Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-305:
1. Approving Amendment No. 1 to the Progressive Design-Build Contract with Tilden-Coil Constructors, Inc. in the amount of $1,747,404 for the California Theater Improvements (Project); and
2. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Plan budget with an additional $960,255 from the Cultural Development Fund for the project; and
3. Authorizing the City Manager or designee to execute all documents with Tilden-Coil Constructors; and
4. Authorizing the City Manager or designee to expend the contingency fund in the amount of $212,851, if necessary, to complete the project. 2 6
9 4
Attachments
Attachment 1 Resolution No. 2025-305
Attachment 2 Amendment No. 1 with Tilden-Coil Constructors, Inc.
Attachment 3 Exhibit A-1 – Tilden-Coil Cost of Work Summary Attachment 4 Location Map
Ward:
First Ward
Synopsis of Previous Council Actions:
June 26, 2024 On June 26, 2024 the Mayor and City council adopted Resolution No 2024-142 approving the operation budget and Capital improvements plans and appropriating the funds in the amount of $1.0 million from Measure S for the project (item 1) (Ward 1)
December 7, 2022 Mayor and City Council adopted Resolution No. 2022-261 approving an award of $4,561,400 to Tilden-Coil Constructors, Inc. for the renovation of the California Theatre Improvement Project Item 35 (Ward 1)
April 6, 2022 Mayor and City Council adopted Resolution No. 2022-074 awarding a Progressive Design Build agreement with Tilden- Coil Constructors Inc. in an amount of $309,031 to start conducting the necessary studies to produce a list of required improvements within a reasonable budget and accepting the Californian Arts Council Grant in the amount of $2,500,000 and amending the FY2021/22 CIP to include the California Theatre Improvements project. (item 31) (Ward 1)
July 20, 2022 Mayor and City Council adopted Resolution No. 2022-136 approving acceptance of Grants Funds from the Arts Council for the California Theatre (item 13) (Ward 1)
Resolution No. 2025-XXX
Resolution No. 2025-305
June 4, 2025
7 0
9 8
RESOLUTION NO. 2025-305
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AMENDMENT NO. 1 TO THE PROGRESSIVE
DESIGN BUILD CONTRACT WITH TILDEN-COIL
CONSTRUCTORS INC. BASED ON THE TOTAL COST OF
WORK OF $6,617,835; AND AUTHORIZING THE
DIRECTOR OF FINANCE AND MANAGEMENT SERVICES
TO APPROPRIATE $960,255 IN CULTRUAL
DEVELOPMENT FUNDS; AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE ALL
DOCUMENTS RELATED TO THE PROJECT; AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO
COMPLETE THE PROJECT
WHEREAS, the Public Works Department, Fleet and Building Maintenance Division, is responsible for maintaining the California Theatre located at 562 West 4th Street, San Bernardino; and
WHEREAS, the California Theatre in San Bernardino opened in 1928, was later added to the National Register of Historic Places in 2009. It is an example of Spanish Colonial Revival architecture, or California Churrigueresque. The theatre houses one of the only remaining Wurlitzer Style 216 pipe organs, which is original to the building; and WHEREAS, on October 7, 2021, the City released a Request for Prequalification Statement from Design-Build Entities for the California Theatre Improvements Project with a deadline to submit by October 28, 2021.; and
WHEREAS, on January 27,2022 qualified Companies were invited to participate in a Request for Proposal (RFP) for the California Theatre Improvements Project, with a deadline of February 24, 2022; and
WHEREAS, Tilden-Coil Constructors, Inc. was the only company that submitted a proposal. After further evaluations of the proposals and contacting other cities that the company did some work for, it was determined that Tilden-Coil Constructors, Inc., were suitable to handle this project on behalf of the City; and
WHEREAS, on April 6, 2022, the Mayor and City Council approved a Progressive Design Built Contract with Tilden-Coil Constructors, Inc. an amount of $309,031 to start conducting the necessary studies to produce a list of required improvements within a reasonable budget; and WHEREAS, on July 20, 2022, the Mayor and City Council approved Resolution No. 2022-74, accepting Grant Funds in the amount of $2,500,000 from the California Arts Council for the California Theatre; and
Resolution No. 2025-XXX
Resolution No. 2025-305
June 4, 2025
7 0
9 8
WHEREAS, on December 7, 2022, the Mayor and City Council approved an award to Tilden Coil in the amount of $4,561,400 for the renovation of the California Theater; and WHEREAS, on March 3, 2025, the Tilde-Coil Constructors opened bids for the California Theater renovation project, with Tilden-Coil Constructors serving as the Design-Build contractor; and
WHEREAS, on March 3, 2025, Tilden-Coil Constructors received base bids including alternate bids increasing the total cost of work to $6,617,835; and WHEREAS, recent increases in construction materials, labor, and the complexities of restoring a historic structure, resulted in higher-than-anticipated bids.; and WHEREAS, as a result, the submitted bids reflect significant cost increases, necessitating adjustments to the project budget. City staff, in collaboration with Tilden-Coil Constructors, have thoroughly evaluated the bid documents and concluded that the project can still move forward; and
WHEREAS, to cover the remaining costs, an additional Cultural Development funding allocation of $960,255 is required.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2 The Agency Director of Administrative and Management Services to record a budget amendment in the amount of $960,255 from Cultural Development Fund to increase the purchase order to an amount not to exceed $6,617,835.
SECTION 3.CEQA. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines.
(2) The proposed project is exempt from the requirements of California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the historic building rehabilitation. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the 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.
Resolution No. 2025-XXX
Resolution No. 2025-305
June 4, 2025
7 0
9 8
(3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because a historic building renovation does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council.
SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of June 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2025-XXX
Resolution No. 2025-305
June 4, 2025
7 0
9 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. 2025-305, adopted at a regular meeting held on the 4 th day of June 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.
Telicia Lopez, CMC, Acting City Clerk
AMENDMENT NO. 1 TO
PROGRESSIVE DESIGN-BUILD CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND TILDEN-COIL CONSTRUCTORS, INC. FOR THE CALIFORNIA
THEATER IMPROVMENTS PROJECT
This Amendment No. 1 to the Progressive Design-Build Contract (“Contract”) for the turnkey design and construction is made and entered into as of June 4, 2025, by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Tilden-Coil Constructors, Inc. (hereinafter collectively referred to as “Design Build Entity” or “DBE”). City and DBE are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
A. WHEREAS, the City and DBE have entered into a Contract dated April 6, 2022, for the purpose of providing turnkey design and construction services for the California Theater Improvements Project (“Project”);
B. WHEREAS, on December 7, 2022, the Mayor and City Council approved an award of $4,561,400 to the DBE for the Project in accordance with the Contract.
C. WHEREAS the Parties now desire to amend the in order to increase the award amount due to the costs being higher than anticipated.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Contract, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Increase to Contract Award Amount. The award amount is hereby increased by One Million Seven Hundred Forty-Seven Thousand Four Hundred Four Dollars ($1,747,404). More detail on the background of these costs is provided in Exhibit “A-1”, attached hereto and incorporated herein by this reference.
3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Contract, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
4. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR
PROGRESSIVE DESIGN-BUILD CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND TILDEN-COIL CONSTRUCTORS, INC. FOR THE CALIFORNIA
THEATER IMPROVMENTS PROJECT
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Bill Gallardo
Interim City Manager
ATTESTED BY:
Telicia Lopez
Acting City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
TILDEN-COIL CONSTRUCTORS, INC.
Signature
Name
Title
EXHIBIT A-1
COST BREAKDOWN
Date: May 13th, 2025
TRADE Total Bid Subcontractor
1 Fire Sprinklers 39,450 $ Serenity Fire Protection 2 Fire Alarm 41,997 $ Johnson Controls
3 HVAC 385,618 $ ACH Mechanical Contractors 4 Aluminum & Glazing 144,000 $ Elite Glass Enterprises 5 Abatement & Building Demolition 333,100 $ IDR 6 Concrete: Structural & Site 165,719 $ KAR 7 Steel: Misc. 53,130 $ Paradigm
8 Finish Carpentry 70,270 $ K&Z Cabinets
9 Roofing 11,600 $ Best Contracting
10 Sheet Metal & Cladding 175,758 $ Best Contracting 11 Doors, Frames, & Hardware 43,609 $ Construction Hardware 12 Metal Stud Framing, Drywall & Plaster 348,357 $ Ondatje Plastering 13 Finish Flooring 143,845 $ Signature Flooring 14 Ceramic Tile 69,687 $ Continental Marble & Tile 15 Acoustical Ceiling & Treatment 20,545 $ Southcoast Acoustical 16 Painting 176,000 $ SC Coatings
17 Signage 143,580 $ Signs and Lucite
18 Toilet Partitions and Accessories 15,986 $ Stumbaugh 19 Auditorium Seating 184,364 $ TCC
20 Electrical & Low Voltage 609,480 $ Giant 21 Miscellaneous: Fire Extinguishers, Traffic Control,
Banners, Final Cleaning. 73,327 $ Various 22 Theatrical Sound Upgrades 623,980 $ House Right. 23 Organ Restoration 383,620 $ Mark Herman.
Sum of Trades $ 4,257,021
Allowances 100,000 $
Design Build Engineer Contingency 5.00% 212,851 $
Subtotal of Base Bid, Allowances and Contingencies 4 ,569,872 $ Preconstruction Services 34,986 $
Additional Preconstruction 50,288 $ Due to extended preconstruction Buidling and Site Assessment 35,373 $
Hazmat Report 24,000 $
Theatrical Design 21,600 $
Design Services 214,672 $
Added Design Services 8.90% 184,219 $ Due to Design over $2,500,000 General Conditions 360,000 $
Insurance 1.50% 82,425 $
Builder's Risk 1.50% 82,425 $ No Earthquake or Flood Bond 1.00% 10,900 $
Fee 6.00% 340,246 $
Subtotal of GC, Design, Insurance, Fee 1,441,133 $
Total $ 6,011,006
Alternate #1 606,829 $
Total with Alternate #1 $ 6,617,835
CA Theatre Tenant Improvement
Cost of Work with Bid Alternate
0 General
GMP based on Plan Check Set dated 01/29/25.
General Conditions are based on a 5 month construction duration with a start date of 06.02.25. General Conditions Cost/Day for compensable delays are $2,384/Calendar Day.
The project has bid without specifics known regarding cost and procurement issues that may arise from Tariffs. In the event there are costs for procurement and tariffs, we would submit an add service request given it is a changed condition not quantifiable at the time of bid. This will be paid for from through owner contingency.
Existing water and electrical will be used for construction purposes.
DBE Contingeny included to be used for design changes, missed scope, and/or rework. 1 Fire Sprinkler
Fire System System upgrades are for entrance lobby only. The rest of the building is existing to remain including the Will Rodgers Room and Ticket Booth.
2 Fire Alarm
Simplex is the existing Fire Alarm system and has been included in the scope.
Fire Alarm System upgrades are for entrance lobby only. The rest of the building is existing to remain including the Will Rodgers Room and Ticket Booth.
5 Demoltition & Abatement
Included in base bid is the removal of up to 6,800SF of loose and flakey paint on the exterior of the south and north side of building. 6 Concrete
Concrete repairs of existing exterior elevations is not included, except at location where existing posters are being removed. Included in base bid is the removal of paint that is flaking and pressure wash of exterior prior to paint. 8 Finish Carpentry
Plans indicate to remove and replace existing wood base. As the existing carpet abuts up to the base, allowing the existing base to remain, the cost of work does not include new wood base. Reference RFI#01 9 Roofing
Patchwork of roofing was based on a Single Ply PVC Roofing Membrane system to match existing system. 10 Sheet Metal
Canopy Substrate Repair is not included. Assuming existing substrate is good. An allowance is recommended to cover any unforeseent patch or repairs. See Allowance spreadsheet.
11 Doors / Frames and Hardware
Construction cores will be provided. Permanent keying will be by the City. 13 Flooring
Slab is existing and moisture condition is unknown. Moisture Mitigation is not included. 14 Tile
Restrooms will only receive new tile where needed for new accessories or partitions. Tile will be selected to match as close as possible to existing, but exact match will not be possible. Color variation will be noticeable. Reuse of existing backing and/or studs will be reused where possible to minimize patchback. If City has extra stock for replacement of tile, it can be used to match. 15 Acoustical Ceiling
New ceiling tile is included for Women's restroom on 1st floor only. All other restrooms are existing to remain. 16 Painting
Exterior Painting is limited to South and East Elevation only. All west, north, and high roof concrete surfaces are existing to remain. Add to paint these elevations is $158,000 including 7,000SF additional hazardous lead abatement.
Auditorium Ceiling will be painted only where speakers are being installed. All other ceiling paint is excluded. 17 Signage
Artwork Design for acrylic signage at façade will be by City. As cost for graphics is unknown, recommend a $30,000 allowance to be used for artwork.
18 Toilet Partitions
Included in base bid is the replacement of toilet partitions in their entirety, where partition work is noted. This was done to avoid mismatching finishes in the same room.
20 Electrical
Lighting in Organ Chambers will be reused. The organ installer has recommended new lighting. Recommend carrying a $20,000 allowance to be used in the event new lighting is needed.
CA Theatre Tenant Improvements
5/13/2025
Qualifications
Trade
Allowance
Carpentry
1 Sheet Metal Canopy Substrate Replacement 50,000 $
Signage
1 Artwork Graphics 30,000 $
Electrical
1 Organ Chambers Room Lighting 20,000 $
Specific Allowance Subtotal $ 100,000
Suggested Owner Allowances
Trade
Cost
1 Auditorium Concrete Aisle Repair
Concrete: Patch and Repair existing concrete aisles 125,000 $ Seating: Remove and reinstall existing seats 194,529 $
Paint: Beadblast existing, Crackfill and Epoxy Coating 230,654 $ Alternate Subtotal $ 550,183
Insurance 1.50% $ 8,253
Performance and Payment Bonds 1.00% $ 5,584 Builders Risk 1.50% $ 8,460
Fee 6.00% $ 34,349
AlternatTotal 606,829 $
Bid Alternate
Trade
Attachment 4
Location Map
500 ft
N ➤ ➤
N
2 6
7 1
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 4, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Amendment No. 1 to the Agreement with Z & K Consultants, Inc. for Nicholson Park Construction
Management and Construction Inspection Services in
the amount of $144,158.90 (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 1 to the Professional Services Agreement with Z & K Consultants, Inc. in the amount of $144,158.90 for the Construction Management and Construction Inspection Services at Nicholson Park Improvements, increasing the not to exceed amount to $663,221.90 (Project); and
2. Authorize additional project contingencies in the total amount of $14,415.89 for the Construction Management and Construction Inspection Services of the Project; and
3. Authorize the City Manager or designee to execute all documents with Z & K Consultants, Inc.; and
4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
Executive Summary
Amending the Agreement for construction management and construction inspection services with Z & K Consultants will increase their total contract amount for the Nicholson Park Improvement Project by $144,158.90. The new not to exceed amount will increase to $663,221.90. Approval of this amendment will enable Z & K 2 6
7 1
Consultants to proceed with the required work, ensuring that financial resources are available to complete the revised project scope. This amendment will extend their term from February 21, 2024 to July 31, 2025 and is funded by the previously approved Measure S contingency budget.
Background
Nicholson Neighborhood Park, located at 2737 West 2nd Street, is a City-owned
9.52-acre park facility that includes recreational amenities and a community center building. The recreational area of the park currently consists of two baseball diamonds with a concession/score keeper area (restroom included), a community garden, outdoor basketball court, picnic shelter, 10 picnic tables, two barbeque grills, a playground area, restrooms, and parking lot. While the park area continues to see some general community use, the community center building has been closed for programming for several years due to financial challenges.
Over the past several years, Nicholson Neighborhood Park has become a target for vandalism due to the lack of programmed activities at the site. Many of the supporting outbuildings, irrigation, and lighting systems have been damaged beyond repair. During preparation of the FY 2020/21 Capital Improvement Program (CIP), staff recommended rehabilitation of the park to return the property to a safe and attractive condition. Restoration of the park and its amenities will assist in drawing positive activities back to the area and restore recreational opportunities for the surrounding neighborhood.
On December 6, 2023, the Mayor and City Council awarded a construction agreement to Urban Habitat in the amount of $8,147,197.56 and approved additional funds for construction contingencies and construction management costs in the amount of $1,290,000.
On February 21, 2024, the Mayor and City Council awarded a Professional Services Agreement to Z & K Consultants, Inc. in the amount of $471,876.00 and approved additional funds for construction management and inspection services contingency costs in the amount of $47,187.00.
On September 4, 2024, the Mayor and City Council authorized allocating an additional $745,128 from Measure S funds to increase the construction contingency and construction management budget for this project.
Discussion
Additional services are needed through Summer 2025 due to the long lead time for construction materials and the prefabricated restroom/concession building.
Amendment No. 1 for Z&K Consultants includes an additional amount of $144,158.90 for the construction inspection services. This amendment will extend their term from February 21, 2024 to July 31, 2025.
2 6
7 1
An additional $14,415.89 is allocated to the contingency fund to address any unforeseen expenses or issues that may arise. Together, the total increase is $158,574.79. This ensures that sufficient funds are available to cover the increased workload and any unexpected costs that may come up as the project progresses.
As a result, the new construction management and inspection services total, reflecting the original agreement, Amendment No. 1 and contingencies, is $677,637.79.
The available Measure S balance is $721,245.53. The remaining Measure S balance after accounting for Amendment No. 1 and additional contingencies is $562,670.74, which is still available for future project needs or expenditures. 2021-2025 Strategic Targets and Goals
Approving the Amendment No. 1 of this agreement aligns with Key Target No. 4:
Economic Growth & Development. The additional amenities to Nicholson Neighborhood Park will improve community participation for new recreational activities and provide a safe and well-maintained community park.
Fiscal Impact
There will be no fiscal impact to the General Fund associated with this item.
Proposed AmendmentItem Amount Z&K Consultants Amendment No. 1$144,158.90Contingency$14,415.89Total$158,574.79 Construction Management & Inspection Services CostOriginal Agreement - ARPA$471,876.00Initial Contingency & Administrative Cost$47,187.00Additional Scope Cost$144,158.90Additional Contingency & Administrative Cost $14,415.89New Total$677,637.79 Measure S BudgetMeasure S Balance $721,245.53Amendment No. 1$144,158.90Contingency$14,415.89Remaining in Measure S$562,670.74 2 6
7 1
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 1 to the Professional Services Agreement with Z & K Consultants, Inc. in the amount of $144,158.90 for the Construction Management and Construction Inspection Services at Nicholson Park Improvements, increasing the not to exceed amount to $663,221.90 (Project); and
2. Authorize additional project contingencies in the total amount of $14,415.89 for the Construction Management and Construction Inspection Services of the Project; and
3. Authorize the City Manager or designee to execute all documents with Z & K Consultants, Inc.; and
4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
Attachments
Attachment 1 Amendment No. 1
Attachment 2 Proposal from Z & K Consultants, Inc.
Attachment 3 Original Professional Services Agreement
Attachment 4 Location Map
Ward:
Sixth Ward
Synopsis of Previous Council Actions:
December 6, 2023 Award of Agreement with Urban Habitat for Construction of Nicholson Neighborhood Park Improvements (Ward 6)
February 21, 2024 Approval of Agreement for Construction Management and Inspection Services for the Nicholson Park Improvements (Ward 6)
September 4, 2024 Recommendation to Increase the Construction Contingency and Construction Management Budget for Nicholson Park
Improvement Project (Ward 6)
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH Z & K CONSULTANTS, INC.
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of June 4, 2025 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Z & K Consultants, Inc., a California corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated, February 21, 2024, for the construction management and inspection services of the Nicholson Neighborhood Park Project (the “Master Agreement”).
B. WHEREAS, the Parties now desire to amend the Master Agreement in order to include additional services, extend the term of the Master Agreement, and to provide compensation for the additional services.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Services. The Services, as that term is defined in the Master Agreement, are hereby amended to include additional services related to the Nicholson Neighborhood Park Improvements Project. The additional services are more fully described in Exhibit “A-1”, attached hereto to this Amendment No. 1 and incorporated herein by this reference.
3. Amendment to Section 3.1.2 of the Master Agreement. Section 3.1.2 of the Master Agreement shall be amended to read as follows:
“3.1.2 Term. The term of this Agreement shall be from February 21, 2024 to July 31, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.”
4. Compensation. The total not to exceed compensation amount shall be increased by One Hundred Forty Four Thousand One Hundred Fifty-Eight Dollars and Ninety Cents ($144,158.90) increasing the total not to exceed compensation amount from Five Hundred Nineteen Thousand Sixty-Three Dollars and Zero Cents ($519,063.00) to Six Hundred Sixty-Three Thousand Two Hundred Twenty-One Dollars and Ninety Cents ($663,221.90).
5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
6. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE TO
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH Z & K CONSULTANTS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Bill Gallardo,
Interim City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Z & K CONSULTANTS, INC.
Signature
Name
Title
EXHIBIT A-1
SCOPE OF ADDITIONAL SERVICES
[ATTACHED]
April 8, 2025 Ramon "Eddie" Mendez, PE, Principal Civil Engineer Public Works Engineering Division 209 North “D”, Public Works Department San Bernardino, CA 92401 Subject: Budget Request for Additional Budget for Construction Management and Inspection Services - Nicholson Neighborhood Park Improvements Project Dear Mr. Mendez, We are writing to formally request additional budget to extend our Construction Management and Inspection Services for the Nicholson Neighborhood Park Improvements Project. Our original fee proposal was based on a 240-calendar-day construction schedule, with an anticipated completion date of January 13, 2025. Due to the construction extension, we utilized the 10% contingency budget to extend services by an additional month beyond the original completion date. However, an additional budget of $144,158.90 is now necessary to support services through June 2025 to ensure the successful completion of the project. The extended timeline requires continued involvement from our Construction Manager, Senior Construction Inspector, and other key personnel. As the project tapers down in April, May, and June we anticipate a reduction in overall coordination efforts, meetings, and inspection hours. Our team will adjust resources accordingly to align with the project's reduced activity levels during this period. Below is a summary of the invoices to date: Summary of Z&K Invoices to Date Month Invoice No. Total Cumulative Remaining Budget 01_March 2024 2876 $ 17,928.00 $ 17,928.00 $ 453,948.00 $ 471,876.00 02_April 2024 2877 $ 23,829.00 $ 41,757.00 $ 430,119.00 $ 471,876.00 03_May 2024 2878 $ 53,020.00 $ 94,777.00 $ 377,099.00 $ 471,876.00 04_June 2024 2879 $ 51,703.00 $ 146,480.00 $ 325,396.00 $ 471,876.00 05_July 2024 2880 $ 52,758.00 $ 199,238.00 $ 272,638.00 $ 471,876.00 06_August 2024 2881 $ 58,373.00 $ 257,611.00 $ 214,265.00 $ 471,876.00 07_September 2024 2882 $ 51,131.00 $ 308,742.00 $ 163,134.00 $ 471,876.00 08_October 2024 2883 $ 46,190.00 $ 354,932.00 $ 116,944.00 $ 471,876.00 09_November 2024 2884 $ 45,301.00 $ 400,233.00 $ 118,830.60 $ 519,063.60 10_December 2024 2885 $ 46,053.00 $ 446,286.00 $ 72,777.60 $ 519,063.60 11_January 2025 2886 $ 48,661.00 $ 494,947.00 $ 24,116.60 $ 519,063.60 12_February 2025 2887 $ 41,666.50 $ 536,613.50 $ (17,549.90) $ 519,063.60 11_March 2025 2888 $ 45,819.00 $ 582,432.50 $ (63,368.90) $ 519,063.60 12_April 2025 2889 $ 27,652.00 $ 610,084.50 $ (91,020.90) $ 519,063.60 13_May 2025 2890 $ 27,152.00 $ 637,236.50 $ (118,172.90) $ 519,063.60 14_June 2025 2891 $ 25,986.00 $ 663,222.50 $ (144,158.90) $ 519,063.60 * Invoices in gray are included in this budget request
Below is a breakdown of the hours assumed for February through June: Summary of Z&K Budget Request Month Invoice No. CM/RE PM/OE Sr. Inspector Material Testing Invoice Amount $160.00 $133.00 $145.00 12_February 2025 2887 62 65 148 $1,641.50 $17,549.90 11_March 2025 2888 63 63 168 $3,000.00 $45,819.00 12_April 2025 2889 44 44 88 $2,000.00 $27,652.00 13_May 2025 2890 44 44 88 $1,500.00 $27,152.00 14_June 2025 2891 42 84 42 $1,500.00 $25,986.00 Total Amount $34,720.00 $71,340.00 $28,861.00 $9,237.90 $144,158.90 *February Invoice includes all hours and costs for the month of February. The Invoice Amount listed is the amount past the contract budget that is included in this budget request. We kindly request approval for additional funding to cover these extended services. We are committed to maintaining the highest standards of service and ensuring that the project remains on track to meet the City's expectations. Please feel free to contact me directly if you have any questions or require additional information. We appreciate your continued partnership and look forward to your prompt response. Sincerely, Crystal Fraire, PE Principal-in-Charge 17130 Van Buren Blvd. #122, Riverside, CA 92504 Phone. 951.310.7470 | [email protected] 1 PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND Z & K CONSULTANTS, INC.
This Agreement is made and entered into as of February 21, 2024 by and between the City of San Bernardino , a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Z & K Consultants, Inc. a California corporation with its principal place of business at 17130 Van Buren Boulevard #122 Riverside, CA 92504 (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:
Construction Management and Inspection Services for Nicholson Park Improvements (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.” DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 2 b. In no event shall the total am ount paid for services rendered by Consultant under this Agreement exceed the sum of $519,063 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 approv al. 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 fort y-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 bef ore 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 adjustm ents will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement , unless agreed to by City and Consultant in writing.
6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 3 control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disaster s 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, gi ve written notice to the other P arty 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 c onstitute a conflict of interest with the City.
13. City Business Certificate . Consultant shall, prior to execution of this DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 4 Agreement, obtain and maintain du ring 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 Sub consultant. 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 Co nsultant from e mploying 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 per formance 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 sub contractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino , its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 5 Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents , and City -designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Ag reement, 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 requir e 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 perfor mance 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. T his insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Aviation and/or Drone Liability
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City.
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 7 h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occur rence/$4,000,000 aggregate for bodily injury, p ersonal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
Aviation and/or Drone Liability $1,000,000 per occurrence limit (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 DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 8 Consultant shall provide at least ten (10) days prior writte n 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 A dditional 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 effe ctive date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the re troactive 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 h erein 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 b e 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 pr ovisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 9 (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 du ring the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the C ity 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.
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 10 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 p erformance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consulta nt’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements . Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “ maintenance” projects. If the S ervices are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shal l defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’ s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub -subconsultants to co mply 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 fe deral court situated in the County of San Bernardino, State of California.
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 11 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 Offic e 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, wh en 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 Consul tant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 12 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 Zack Faqih 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: Director of Public Works
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Z&K Consultants Inc.
17130 Van Buren Boulevard #122
Riverside, CA 92504
Attn: Crystal Fraire
30. Third Party Rights . Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions . Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters c overed hereun der. 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.
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 13 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of th e successors in interest, executors, admi nistrators and assigns of each P arty 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 en forcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 14 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
43. Electronic Signature . Each Party acknowledg es and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
44. Federal Provisions . Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
f. Federal contract provisio ns attached hereto as Exhibit “B ” and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND Z & K CONSULTANTS, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles A. Montoya
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Z & K CONSULTANTS, INC.
Signature
Name
Title
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 crystal Fraire
President
16 EXHIBIT A
SCOPE OF SERVICES/SCHEDULE OF CHARGES AND PAYMENTS/ACTIVITY
SCHEDULE
[ATTACHED]
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 17 EXHIBIT B
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “B”.
1. REQUIRED CONTRACT PR OVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NO N-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origi n. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisem ents for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conduc ted by the employer, or is consistent with the Consultant's legal duty to furnish information.
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 18 (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965 , and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Exec utive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practic es when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such governme nt which does not participate in work on or under the Agreement.
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 19 The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract o r contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain fr om extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Jus tice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be c omputed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or pe rmitted to work in DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 20 excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own ac tion or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through ( v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in par agraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requir ements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency..
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations is sued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 21 and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpa rt C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineli gible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid fo r an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer o r employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of th e item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 22 solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the c ontract performance schedule; meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA - designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 1 15–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 23 (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
(c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 24 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE T REASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUN D AWARD TERMS AND
CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that se ction, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents , papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing.
Consultant also agrees to comply with all other a pplicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R.
Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
(v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R.
Part 20.
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 25 discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance.
(v) Title II of the Americans with Disabilities A ct of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
(ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 26 (2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee respo nsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company - owned, rented or personally owned vehicles, and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to de crease accidents caused by distracted drivers.
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 27 and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.
(iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assis tance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assi stance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.
(vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.
Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusati ons of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 28 of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings b ased on the complaint, pending or completed, including outcome.
Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI.
(ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non- compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.
(x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.
DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 Nicholson Park
300 ft
N ➤ ➤
N
Image © 2023 Airbus
Image © 2023 Airbus
Image © 2023 Airbus
DISCUSSIONCity of San Bernardino Request for Council Action Date:June 4, 2025To: Honorable Mayor and City Council MembersFrom:Bill Gallardo, Interim City ManagerDepartment: City Manager's OfficeSubject: Approve a City Manager Employment Agreement (All Wards)Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve a City Manager Employment Agreement on behalf of the Mayor and City Council; and 2. Authorize the Mayor to execute the City Manager Employment Agreement on behalf of the Council. Executive Summary After an extensive search and selection process, the Mayor and City Council choose to negotiate with a candidate for the position of City Manager and now seek to enter into an employment agreement. Background Section 400 of the City Charter of the City of San Bernardino states that the Mayor and City Council shall appoint a City Manager and fix the City Manager’s compensation, as provided in section 304(b) of the Charter which requires five affirmative votes of the Mayor and members of the Council. DiscussionFollowing an extensive search and selection process, the Mayor and City Council chose to negotiate with a candidate for the position of City Manager. The Mayor and City Council provided direction to staff to negotiate an employment agreement upon the terms and conditions summarized below and set forth in the attachment to this report. The Mayor and City Council will hold a personnel appointment closed session prior to consideration of this report in open session on June 4, 2025. Upon final appointment of the candidate the City Council will announce the reportable action and name of the new City Manager.The agreement includes the following terms:Salary terms: Base salary of $333,000 with automatic annual CPI increase not to exceed three percent (3%), unless approved by the Mayor and Council in the form of an amendment to the employment agreement. Deferred Compensation: An annual City contribution of $12,000. CalPERS Retirement: City Manager is classified as a “PEPRA” member of CalPERS. He shall be enrolled in the City of San Bernardino’s CalPERS plan for miscellaneous employees with the benefit formula determined by the City’s contract with CalPERS. The City’s contribution and City Manager’s contribution towards CalPERS shall be made as outlined in the Executive Compensation and Benefits Plan Resolution for a PEPRA member. Health Insurance: City Manager will receive a City contribution in accordance with the Executive Compensation and Benefits Plan Resolution. Vehicle Allowance: City Manager shall receive $775.00 per pay period for use of his personal vehicle for City business.Moving Allowance: $6,000 as an incentive for City Manager to reside in the City ofSan Bernardino. Paid Leave - Vacation: City Manager shall receive an initial balance of 120 hours vacation leave and accrue in accordance with the Agreement and the Executive Compensation and Benefits Plan Resolution.Paid Leave – Sick: City Manager shall receive an initial balance of 80 hours of sick leave and accruals shall be in accordance with the Executive Compensation and Benefits Plan Resolution.Paid Leave – Administrative: City Manager shall receive an initial balance of 80 hours of administrative leave and accruals shall be in accordance with the Executive Compensation and Benefits Plan Resolution.Paid Leave – Other: City Manager shall receive all other leaves provided to executiveemployees and will be subject to the same provisions as those in the Executive Compensation and Benefits Plan Resolution. Performance Expectations and Annual Evaluation: To ensure that the City Manager and Mayor and Council are working together to accomplish the City’s goals, the agreement sets forth Performance Expectations which will be reviewed and ratified during each annual evaluation.At Will Status: City Manager will serve at the pleasure of the City Council. City Council may terminate the agreement pursuant to notice requirement provisions and requirements of the City Charter. Severance: City Manager will be eligible to receive severance pay equal to the value of nine months of base salary and accrued leave balances eligible for cash-out, but shall not receive any other cash or benefits, if terminated without cause or asked to resign.The City Council has adopted a Resolution to meet the requirements for a publicly available pay schedule set forth by the California Code of Regulations, Title 2, Section 570.5. The salary schedule for the City Manager does not have steps as the salary is based on a negotiated salary. Should the City Manager’s salary be adjusted in the future, the Mayor and City Council shall approve an amendment to pay schedule as required by Section 570.5 referenced above. 2021-2025 Strategic Targets and Goals The approval of a City Manager Employment Agreement aligns with Strategic Goal No. 2a: Focused Aligned Leadership & Unified Community – Build a culture that attracts, retains, and motives the highest quality talent. Fiscal Impact The costs of salary and benefits for the City Manager are included in the Fiscal Year 2025/2026 Fiscal Year budget. There is no additional fiscal impact associated with this action. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California:1. Approve a City Manager Employment Agreement on behalf of the Mayor and City Council; and2. Authorize the Mayor to execute the City Manager Employment Agreement on behalf of the Council. Attachments Attachment 1 City Manager Employment AgreementAttachment 2 Exhibit B - Resolution No. 2022-059 Executive Compensation and Benefits Plan Resolution Ward: All Wards Synopsis of Previous Council Actions: N/A
55394.00000\43834421.1
- 1 -
CITY MANAGER EMPLOYMENT AGREEMENT
THIS AGREEMENT is between the City of San Bernardino, a municipal corporation (the “City”) and _[Name to be Disclosed Upon Announcement of Appointment]_ (“Employee”). It is effective as of June 4, 2025 (the “Effective Date”). City and Employee are sometimes referred to in this Agreement as “Party” and collectively as “Parties.” This Agreement is entered into on the basis of the following facts, among others:
A. Employee has served as a city manager to various cities and has many years of experience as a city manager.
B. Employee desires to serve as City Manager for the City of San Bernardino (City) .
D. The City Council of the City desires to appoint Employee as the City Manager of the City, and Employee desires to accept this appointment.
E. The City and Employee desire to establish specific terms and conditions relating to compensation and benefits, performance evaluations, and related matters.
BASED UPON THE FOREGOING, THE CITY AND EMPLOYEE AGREE AS FOLLOWS:
1. Employee Appointed. The City appoints and employs Employee as City Manager, effective as of June 4, 2025 and Employee accepts the appointment and agrees to begin his employment for compensation, effective August 4, 2025.
2. Duties of Employee. Employee shall perform the duties established for the City Manager by State law, the City Charter of the City of San Bernardino, the San Bernardino Municipal Code, San Bernardino Policies and Regulations and the directions of the City Council, or as otherwise provided by law, ordinance, or regulation. By direction of the City Council and until further notice, t he City Manager’s duties also include serving as the Executive Director of the Successor Agency to the City of San Bernardino Redevelopment Agency and any similar City of San Bernardino agencies, if any. In accordance with City procedures, Employee shall account for their time expended on behalf of said agencies in order for the City to be reimbursed for Employee’s services. It is expected that City Manager shall abide by the ICMA Code of Ethics.
(a) Full Energy and Skill. Employee shall faithfully, diligently, and to the best of Employee’s abilities, perform all duties that may be required under this Agreement.
Employee agrees that Employee has a duty of loyalty and a general fiduciary duty to the City.
Employee shall devote the whole of Employee’s working time, skill, experience, knowledge, ability, labor, energy, attention and best effort exclusively to the City’s business and affairs.
(b) No Conflict . Employee shall not engage in any employment, activity, consulting service, teaching, other enterprise, or community activities, for compensation 55394.00000\43834421.1
- 2 -
or otherwise, which is actually or potentially in conflict with, inimical to, or which interferes with the performance of Employee’s duties. Further, Employee shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City of San Bernardino.
(c) Outside Activities. The City Manager shall not spend more than eight (8) hours per month in teaching, consulting, expert witness testimony, speaking, or other non-City connected business for which compensation is paid without express prior consent of the City Council. City Manager will take personal leave (i.e., vacation time) for all outside activities of this nature.
(d) Hours of Work. The City Manager is an exempt employee and is expected to engage in those hours of work that are necessary to fulfill the obligations of the City Manager’s position. Employee does not have set hours of work, as the City Manager is expected to be available at all times, other than when on vacation. It is recognized that Employee must devote a great deal of time to the business of the City outside of the City’s customary office hours, and to that end Employee’s schedule of work each day and week shall vary in accordance with the work required to be performed and in accordance with any specific direction provided by the City Council.
(e) Proximity to City. In order to facilitate Employee’s ability to carry out the responsibilities set forth in this Agreement, City desires, and Employee agrees, that during the term of this Agreement, he shall reside within a sixty mile radius of the City’s Emergency Operations Center.
3. Term. City agrees to employ and Employee accepts employment with the City under the terms of this Agreement for a five-year term from August 4, 2025 through August 4, 2030 (five years), unless extended or terminated as provided herein. On August 4, 2026, and on each succeeding August 4th while this Agreement is in effect, this Agreement shall be automatically extended for one additional year (i.e., in 2026 the Term of this Agreement shall be extended until August 4, 2031, in 2028 the Term of this Agreement shall be extended until August 4, 2032, and so on) unless prior to such date by a vote of five members of the Mayor and City Council in attendance at any lawfully called meeting, City declares its intention not to extend this Agreement for one additional year. Such decision shall not constitute a termination for purposes of Section 8 of this Agreement.
4. Semi-Annual Evaluations and Performance Goal Setting. Six months from the Effective Date of this Agreement and each six months thereafter, or at a time mutually agreed upon by the City Council and Employee, the City Council shall conduct an evaluation of Employee’s performance and provide guidance and direction regarding the City Council’s goals and objectives which Employee shall be tasked with implementing. This review shall be conducted in a mutually agreed upon manner consistent with best practices for executive evaluations. If both the City and Employee agree to utilize a facilitator, Employee and the City Council, by a majority vote, shall agree upon the facilitator. Employee shall be provided a written report of the Council’s evaluation and shall be given the opportunity to confidentially discuss the evaluation with the Council in accordance with the Brown Act. Nothing in this paragraph prohibits 55394.00000\43834421.1
- 3 -
the City Council from providing informal feedback to Employee regarding his performance at times selected by the Council.
Expectations and performance goals are set forth in Exhibit A to this Agreement and incorporated herein by reference. Within 90 days of the Effective Date of this Agreement, the City Council and Employee agree to hold a closed session evaluation to establish further expectations and performance goals for Employee. The expectations and performance goals shall be updated after each evaluation.
5. Compensation.
(a) Salary. Employee shall receive the Annual B ase Salary of Three Hundred Thirty Three Thousand Dollars ($333,000), payable in this Agreement on a pro-rata basis in the same manner as all full-time City employees, and subject to all applicable payroll taxes and withholdings.
(b) Annual Salary Adjustments. Commencing August 4, 2026 and each year thereafter, said Annual Base Salary shall be automatically increased by the percentage change to the Consumer Price Index for All Urban Consumers (CPI–U) for the Riverside-San Bernardino-Ontario area for the preceding 12 months ending in July (subject to a (three percent) 3% maximum cap) (“CPI Increase”).
(c) Any salary adjustment shall be memorialized by a written amendment to this Agreement. An automatic increase adjustment shall be in writing as an amendment to this Agreement and shall be signed by the Finance Director, the Human Resources Direction and the City Attorney. Any salary adjustment that exceeds the amount provided for in Section 5 (b) above shall be in the form of a written amendment approved by a vote of five members of the Mayor and City Council and announced at a properly noticed public meeting of the Mayor and City Council.
(d) Reduction in Salary or Benefits . In the event the City implements cost-saving measures, such as work furloughs, salary reductions, changes to health or welfare benefits and allowances (as further described in Section 6), or any other changes to the monetary terms of the Executive Group as provided in the applicable benefit summary , Employee will receive the same downward adjustment or adhere to the change in terms as are applicable to the Executive Group. In the event that such cost -saving measures are su bsequently eliminated (i.e. former salary or benefit levels are restored) for the Executive Group, Employee will receive the same restoration of salary or benefits as the Executive Group.
6. Regular Benefits and Allowances . Employee , who is a PEPRA member under CalPERS regulations, will be eligible for, and shall receive, al l regular health and welfare benefits (e.g., insurance, CalPERS retirement and contributions paid by the City, education
55394.00000\43834421.1
- 4 -
reimbursement, etc.) as are provided to employees Executive Compensation and Benefits Plan approved by Resolution No. 2022-59 (as amended by the Side Letter executed October 18, 2022), as the same may be modified from time to time after the date of this Agreement, including but not limited to CalPERS retirement benefits, health insurance, disability and life insurance, holidays, administrative leave, vacation leave, executive leave, and sick leave, unless otherwise expressly provided for in this Agreement. In the event the City Manager’s employment is terminated, either voluntarily or involuntarily, the City Manager shall be compensated for accrued leave in accordance with the Executive Compensation and Benefits Plan, unless otherwise expressly provided for in this Agreement. To the extent there is any inconsistency between the benefits set forth in the referenced Resolution and this Agreement, the terms of this Agreement shall control.
7. Additional Benefits and Allowances . In addition to the benefits specified in Section 6, Employee shall receive the following additional benefits and allowances.
(a) Vacation; Administrative Leave; Sick Leave; Holidays.
(i) Vacation. On the first full pay period after the Effective Date of this Agreement, Employee shall be granted one hundred and twenty (120) vacation hours.
Further, based on his years of service as a city manager, Employee shall accrue vacation hours at
7.307 per pay period and otherwise in accordance with the Executive Compensation and Benefits Plan.
(ii) Sick Leave. On the first full pay period after the Effective Date of this Agreement, Employee shall be granted eighty (80) hours of sick leave. In accordance with California law, Employee shall be allowed to accrue and use paid sick leave and be absent from work because of personal illness/injury or the illness/injury of covered family members (as identified in California Labor Code). Sick leave includes attendance at doctor’s appointments , related medical activities, or other reasons allowed by applicable law. Employee shall accrue and use sick leave in the same manner and in the same amount as that provided to employees in the Management Group.
(iii) Holidays. Employee shall be eligible for holidays with pay as a non -safety management employee as set f orth in the Executive Compensation and Benefits Plan.
(iv) Administrative Leave. On the first full pay period after the Effective Date of this Agreement, Employee shall be granted eighty (80) hours of administrative leave to be used at Employee’s discretion, subject to the fulfillment of Employee’s duties. Further, based on his years of service as a city manager, Employee shall accrue administrative leave at 8.46 hours per pay period and otherwise in accordance with the Executive Compensation and Benefits Plan.
(b) Automobile. Employee’s duties require that he have the use of a personal automobile at all times during his employment with the City. In recognition of that fact, Employee shall receive a car allowance of Seven Hundred Seventy Five Dollars ($775.00) per month paid increments each pay period or as otherwise provided for in the Executive Compensation and Benefits Plan. The parties intend for this taxable allowance to be in lieu of reimbursement on an itemized basis for mileage, gas, insurance, maintenance of a vehicl e, etc. 55394.00000\43834421.1
- 5 -
Employee is not eligible for and shall not be separately reimbursed for mileage driven in his personal vehicle ; provided, however that the Employee may seek reimbursement for mileage driven in his personal vehicle in cases where the mileage exceeds 250 miles and the reimbursement costs are lower than the published airfare for the same travel . Employee shall be responsible for maintaining liability, property and comprehensive insurance on his personal vehicle.
(c) Deferred Compensation. Subject to any limitations imposed by law and by the City’s 457 plan, t he City will contribute, on Employee’s behalf, one thousand dollars ($1,000.00) each month to Employee’s deferred compensation account.
(d) Moving Expense. As an incentive, if Employee moves establishes residency within the boundaries of the City of San Bernardino within one year of the Effective Date of this Agreement, the City shall, upon proof of establishment of residency as demonstrated by a change of voter registration, an address on a California driver’s license or proof of residential utilities in his name at an address within the City, pay Employee six thousand dollars ($6,000) as reimbursement of moving expenses.
8. Termination of Employment.
(a) No Property Interest. Employee understands and agrees that Employee has no constitutionally-protected property or other interest in Employee’s employment as City Manager. Employee understands and agrees that Employee works at the will and pleasure of the Mayor and City Council and is expected to work for elected members without taking direction from any one member or the elected Mayor , and that Employee may be terminated, or asked to resign, at any time, with or without cause, by motion adopted by five (5) affirmative votes of the Mayor and City Council in accordance with the City Charter. Any such notice of termination shall be given to Employee in writing.
(b) Notice Required for Resignation. Employee may voluntarily terminate employment at any time by giving not less than sixty (60) days’ notice.
(c) Severance. If Employee is asked to resign and resigns as a result or is terminated without cause as City Manager, then Employee shall be paid for any accrued, but unused, vacation and administrative leave, but not accrued sick leave. Employee shall also be paid a cash payment equivalent to the sum of Employee’s then-current monthly base salary multiplied by nine (9) months. Eligibility for severance benefits is expressly conditioned upon Employee’s execution of (i) a waiver and release of any and all of Employee’s claims against City, its Councilmembers, appointed officers, and employees, and (ii) a covenant not to sue any of those parties.
The parties intend this provision to comply with California Government Code section 53260, which limits severance benefits to an amount equal to the Employee’s monthly salary multiplied by the number of months remaining on the unexpired term of the Agreement.
The cash payment will be made in a lump sum based on timing set forth in the waiver and release.
All normal payroll taxes and withholdings as required by law shall be made with respect to any 55394.00000\43834421.1
- 6 -
amounts paid under this section. If Employee accepts a severance payment he shall not file for unemployment benefits.
(d) Ineligibility for Severance-For Cause Termination. The Mayor and City Council may terminate the Employee “For Cause” at any time without prior notice by motion adopted by the affirmative votes of five members of the Mayor and City Council. If removed “For Cause”, Employee shall not receive any severance payment. “For Cause” for purposes of this Agreement shall mean any of the following:
i) Conviction of, or plea of guilty or nolo contendre to, any crime or offense involving moral turpitude which is likely to have a material adverse impact on the City or on the City Manager’s reputation; or
ii) Material breach of this Agreement which breach Employee has not cured, to the extend curable, to the satisfaction of the City Council within thirty (30) days after receiving notice of such breach; or
iii) Fraud, embezzlement, misappropriation of funds or disclosure of confidential information without waiver from the Council; or
iv) Misconduct or gross negligence that results, or reasonably could be expected to result, in financial damage to the City; or
v) Failure to cooperate with an official investigation authorized by the City Council or City Attorney, or initiated by a governmental authority, in either case related to the City, its business, Council members or City employees; or
vi) Proven failure of the Employee to observe or perform any of his duties and obligations as set forth in the City Charter, the Municipal Code, City policy or a lawful directive given by a majority of the City Council at a properly noticed meeting of the City Council; or
vii) Proven material misrepresentations or lying to the Mayor or Council Members; or
viii) Failure to disclose actions taken by Employee or at the direction of Employee when such actions are a) in direct conflict with actions previously approved or directed by the City Council or b) significant new initiatives requiring the expenditure of City resources.
9. Statutory Requirements. This Agreement shall be deemed to incorporate by reference the provisions of Sections 53243 et seq. of the Government Code, as those provisions may be amended or renumbered.
55394.00000\43834421.1
- 7 -
10. Payment of Expenses of Employment . The City shall pay the following usual and customary employment expenses.
(a) Fidelity Bonds. The cost of any fidelity or other bonds required by law for the City Manager position.
(b) Indemnity. The cost to defend and indemnify Employee to the full extent of the law as provided by the California Government Claims Act (Government Code §810 et seq .), or otherwise. Notwithstanding the foregoing, the City’s obligation to defend and indemnify Employee shall extend only to the entry of a final judgment by the trial court, and shall not extend to providing defense or indemnity in connection with an appeal of the judgment, unless otherwise specifically provided by law. City will determine, in its sole discretion, whether to compromise and settle any such claim or suit against Employee and the amount of any settlement or judgment rendered thereon.
(c) Membership in Organizations. The City will reimburse or directly cover all membership fees, dues, and related costs for Employee to participate in the International City Managers Association, the American Association of Municipal Executives, and the California City Management Foundati on. Employee is also authorized to join up to two additional organizations at his discretion, without the need for further City Council approval, provided the membership benefits the community, supports City Council goals, and/or addresses current or emerging issues within the community.
(d) Travel and Training Budget. The City Manager’s Office travel and training budget will be funded in the necessary amounts to support Employee’s attendance at the ICMA Annual Conference, ICMA Regional Conference, Cal Cities Annual Conference, Cal Cities Leaders Conference, and Cal Cities City Manager’s conference. Employee can participate and serve on boards or committees of groups related to the city manager profession and city- related business (and the City will reimburse or directly cover Employee’s reasonable travel for such participation), so long as Employee’s participation does not interfere with employee’s regular duties as City Manager. The City will allow Employee reasonable time away from the City to participate in the annual conferences of these organizations. The City will not reimburse Employee for any expenses related to membership in service clubs. Travel and training pursuant to this paragraph shall not be considered Outside Activities, as defined in Section 2(c) of this Agreement.
11. Miscellaneous.
(a) Notices. Notices given under this Agreement shall be in writing and shall be:
(i) served personally; or
(ii) sent by facsimile (provided a hard copy is mailed within one (1) business day); or
55394.00000\43834421.1
- 8 -
(iii) delivered by first -class United States mail, certified, with postage prepaid and a return receipt requested; or
(iv) Sent by Federal Express, or some equivalent private overnight delivery service.
Notices shall be deemed received at the earlier of actual receipt or three (3) days following deposit in the United States mail, postage prepaid. Notices shall be directed to the addresses shown below, provided that a party may change such party’s address for notice by giving written notice to the other party in accordance with this subsection.
CITY:
City of San Bernardino
Attn: City Clerk
EMPLOYEE:
Address Last on File with City
(b) Compliance with Government Code §§53243, 53243.1, & 53243.2.
If Employee is convicted of a crime involving an abuse of Employee’s office or position, all of the following shall apply:
(i) If Employee is provided with administrative leave pay pending an investigation, Employee shall be required to fully reimburse City for such amounts paid;
(ii) If City pays for the criminal legal defense of Employee (which would be in its sole discretion, as it is not generally required to pay for a criminal defense), Employee shall be required to fully reimburse City such amounts paid; and
(iii) If this Agreement is terminated based on actions underlying such conviction, any cash settlement related to the termination that Employee may receive from City shall be fully reimbursed to the City by Employee or void if not yet paid to Employee.
(iv) For this subsection, “abuse of office or position” means either (a) an abuse of public authority, including waste, fraud, and violation of the law under color of authority, or (b) a crime against public justice, including but not limited to a crime describ ed in Title 7 (commencing with Section 92) of Part 1 of the Penal Code.
(c) Entire Agreement/Amendment . This Agreement constitutes the entire understanding and agreement between the parties as to those matters contained in it, and supersedes any and all prior or contemporaneous agreements, representations and understandings of the parties. This Agreement may be amended at any time by mutual agreement of the parties, but any such amendment must be in writing, dated, and signed by the parties and attached hereto.
(d) Attorney’s Fees. Except as provided elsewhere in this Agreement, if any legal action or proceeding is brought to enforce or interpret this Agreement, the prevailing 55394.00000\43834421.1
- 9 -
party, as determined by the court, shall be entitled to recover from the other party all reasonable costs and attorney’s fees, including such fees and costs as may be incurred in enforcing any judgment or order entered in any such action.
Nothing in this subsection shall be read to prevent the parties from agreeing to some alternative method of dispute resolution. If such a method is agreed to, any final determination shall include an award of attorney’s fees and costs by the presiding officer.
(e) Severability. In the event any portion of this Agreement is declared void, such portion shall be severed from this Agreement and the remaining provisions shall remain in effect, unless the result of such severance would be to substantially alter this Agreement or the obligations of the parties, in which case this Agreement shall be immediately terminated.
(f) Waiver. Any failure of a party to insist upon strict compliance with any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the parties.
(g) Representation by Counsel; No Presumption of Drafter. The parties acknowledge and agree that they were, or had the opportunity to be, represented individually by legal counsel with respect to the matters that are the subject of this Agreement and that they are fully advised with respect to their respective rights and obligations resulting from signing this Agreement. The Parties further agree that this Agreement shall not be interpreted or construed against or in favor of either Party by reason of who caused this Agreement to be drafted and that this Agreement is the product of the representation of each Party by independent legal counsel.
(h) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Employee and City agree that venue for any dispute shall be in San Bernardino County, California.
(i) Section Headings . The headings on each of the sections and subsections of this Agreement are for the convenience of the parties only and do not limit or expand the contents of any such section or subsection.
(j) No Assignment. Employee may not assign this Agreement in whole or in part.
Dated: CITY OF SAN BERNARDINO
By
Mayor
55394.00000\43834421.1
- 10 -
Dated: EMPLOYEE
Attest:
City Clerk
Approved as to Form:
City Attorney
55394.00000\43834421.1
- 11 -
EXHIBIT A
PERFORMANCE EXPECTATIONS
1. Communicate regularly and consistently with Mayor and City Councilmembers with written weekly updates and more detailed written updates related to significant projects.
2. If an action or agenda item is requested by one person or less than a majority of the Mayor and Council, and Employee decides on his own to take such action or pursue such an agenda item, disclose to the Mayor and Council that the item was originally suggested by one of the elected members.
3. Review and understand the roles of the Mayor and Councilmembers pursuant to the City Charter, the Municipal Code and Policies, especially as applied to placing items on the City Council agenda and directing action.
4. Work collaboratively with the Mayor and Council’s City Charter appointees, the City Clerk and City Attorney and recognize the roles that each has. If you have issues with either of the appointees discuss those directly with the individuals before raising them with the Mayor and City Council.
5. If you are asked by any individual, community member, developer, public agency for a fee waiver or waiver of any land use regulation inform the Mayor and Council of the request.
6. If you initiate due diligence on a project which may require bond financing or a significant investment of resources (staff or money) inform the Mayor and Council before conducting the due diligence.
7. Manage closed session and agenda items to ensure that the Mayor and Council have adequate time to consider and discuss items. Do not put items on the City Council agenda with staff recommendation that say the item must be approved “as-is.”.
8. Manage and lead staff with urgency to complete homeless projects and ensure compliance with the ACLU settlement agreement.
9. Be sensitive to Mayor and Councilmember dynamics without getting involved in their personal grievances and political postures.
10. Develop goals and performance expectations for each Department Head and conduct regular performance evaluations to ensure that departments and Employee are aligned with the goals and expectations of the Mayor and Council.
55394.00000\43834421.1
- 12 -
EXHIBIT B
EXECUTIVE COMPENSATION AND BENEFITS PLAN RESOLUTION
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: June 4, 2025
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, 1st Ward
Department: Council Office
Subject: Establishment of a data driven pavement management system to better prioritize capital improvements to the City’s streets specifically the system should include a method for continually assessing the condition of the
City’s roadways and the creation of a user-friendly and transparent tool to allow council, staff and the public to visualize the condition of the City’s street assets (All Wards) – (Council Member Sanchez)
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: June 4, 2025
To: Honorable Mayor and City Council Members
From: Kim Knaus, Council Member, 5th Ward
Department: Council Office
Subject: Receive a presentation and provide direction on key economic development matters, including the
continuance of the General Plan and Downtown Specific
Plan, the background and status of the proposed
Downtown Property-Based Improvement District (PBID),
and any other pertinent economic development projects
(All Wards) – (Council Member Knaus)