Agenda packet — Mayor and City Council, July 2, 2025 (part 2 of 2)

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RESOLUTION NO. 2025-311

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

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

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

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

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

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

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

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

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this

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Resolution No. 2025-311
Resolution 2025-311
July 2, 2025

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

Packet Page. 198

Resolution No. 2025-311
Resolution 2025-311
July 2, 2025

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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. 2025-311, adopted at a regular meeting held on the 2 nd day of July 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 3rd day of July 2025.

Telicia Lopez, CMC, Acting City Clerk

Packet Page. 199

Resolution No. 2025-312
Resolution 2025-312
July 2, 2025

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RESOLUTION NO. 2025-312

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO AUTHORIZING SIGNATORIES FOR

WELLS FARGO BANK ACCOUNTS FOR THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and
WHEREAS, Wells Fargo Bank is a federally chartered bank under the laws of the United States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with Wells Fargo Bank due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on Wells Fargo Bank accounts; and WHEREAS, Wells Fargo Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

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

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

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

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

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

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Resolution No. 2025-312
Resolution 2025-312
July 2, 2025

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

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

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

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

APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2025-312
Resolution 2025-312
July 2, 2025

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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. 2025-312, adopted at a regular meeting held on the 2 nd day of July, 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 3rd day of July 2025.

Telicia Lopez, CMC, Acting City Clerk

Packet Page. 202

Resolution No. 2025-313
Resolution 2025- 2025-313
July 2, 2025

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RESOLUTION NO. 2025-313

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING
SIGNATORIES FOR U.S. BANK ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and
WHEREAS, U.S. Bank is a federally chartered bank under the laws of the United States; and
WHEREAS, the City of San Bernardino needs to update its signatories periodically with U. S. Bank due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on U.S. Bank accounts; and
WHEREAS, U.S. Bank requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

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

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

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

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

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

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

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is

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Resolution No. 2025-313
Resolution 2025- 2025-313
July 2, 2025

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

Packet Page. 204

Resolution No. 2025-313
Resolution 2025- 2025-313
July 2, 2025

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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. 2025-313, adopted at a regular meeting held on the 2 nd day of January, 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 3rd day of July 2025.

Telicia Lopez, CMC, Acting City Clerk

Packet Page. 205

Resolution No. 2025-314
Resolution 2025-314
July 2, 2025

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RESOLUTION NO. 2025-314

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

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

BANK ACCOUNTS FOR THE SUCCESSOR AGENCY TO

THE FORMER REDEVELOPMENT AGENCY OF THE

CITY OF SAN BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and
WHEREAS, U.S. Bank is a federally chartered banks under the laws of the United States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with U. S.

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

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

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

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

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

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

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Resolution No. 2025-314
Resolution 2025-314
July 2, 2025

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

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

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

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

Packet Page. 207

Resolution No. 2025-314
Resolution 2025-314
July 2, 2025

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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. 2025-314, adopted at a regular meeting held on the 2 nd day of July, 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 3rd day of 2025.

Telicia Lopez, CMC, Acting City Clerk

Packet Page. 208

Resolution No. 2025-315
Resolution 2025-315
July 2, 2025

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RESOLUTION NO. 2025-315

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR BANK OF NEW YORK (BNY)

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

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

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

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

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

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

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this

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Resolution No. 2025-315
Resolution 2025-315
July 2, 2025

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

Packet Page. 210

Resolution No. 2025-315
Resolution 2025-315
July 2, 2025

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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. 2025-315, adopted at a regular meeting held on the 2 nd day of July, 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 3rd day of July 2025.

Telicia Lopez, CMC, Acting City Clerk

Packet Page. 211

Resolution No. 2025-316
Resolution 2025-316
July 2, 2025

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RESOLUTION NO. 2025-316

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO AUTHORIZING SIGNATORIES FOR

BANK OF NEW YORK (BNY) MELLON BANK

ACCOUNTS FOR THE SUCCESSOR AGENCY TO THE

FORMER REDEVELOPMENT AGENCY OF THE CITY OF

SAN BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and
WHEREAS, BNY Mellon is a federally chartered bank under the laws of the United States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with BNY Mellon due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on BNY Mellon’s bank accounts; and WHEREAS, BNY Mellon requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

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

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

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

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

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

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Resolution No. 2025-316
Resolution 2025-316
July 2, 2025

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

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

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

APPROVED and ADOPTED by the City Council acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025.

Helen Tran, Mayor City
of San Bernardino
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

Packet Page. 213

Resolution No. 2025-316
Resolution 2025-316
July 2, 2025

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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. 2025-316, adopted at a regular meeting held on the 2 nd day of July, 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 3rd day of July 2025.

Telicia Lopez, CMC, Acting City Clerk

Packet Page. 214

Resolution No. 2025-317
Resolution 2025-317
July 2, 2025

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RESOLUTION NO. 2025-317

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO AUTHORIZING SIGNATORIES FOR

CITIZENS BUSINESS BANK ACCOUNTS FOR THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and
WHEREAS, Citizens Business Bank is a federally chartered bank under the laws of the United States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with Citizens Business Bank due to changes in Agency staff or changes in staff duties and responsibilities; and
WHEREAS, the Board of Directors of the Successor Agency designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on Citizens Business Bank accounts; and WHEREAS, Citizens Business Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

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

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

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

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

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

Position Individual Name
City Manager
Deputy City Manager
Eric Levitt
Tanya Romo
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune

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Resolution No. 2025-317
Resolution 2025-317
July 2, 2025

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

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

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

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

Packet Page. 216

Resolution No. 2025-317
Resolution 2025-317
July 2, 2025

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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. 2025-317, adopted at a regular meeting held on the 2 nd day of July, 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 3rd day of July 2025.

Telicia Lopez, CMC, Acting City Clerk

Packet Page. 217

Resolution No. 2025-318
Resolution 2025-318
July 2, 2025

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RESOLUTION NO. 2025-318

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR THE LOCAL AGENCY

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

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

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

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

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

Position Individual Name
City Manager
Deputy City Manager
Eric Levitt
Tanya Romo
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune

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Resolution No. 2025-318
Resolution 2025-318
July 2, 2025

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

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

Packet Page. 219

Resolution No. 2025-318
Resolution 2025-318
July 2, 2025

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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. 2025-318, adopted at a regular meeting held on the 2 nd day of July, 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 3rd day of July 2025.

Telicia Lopez, CMC, Acting City Clerk

Packet Page. 220

Resolution No. 2025-319
Resolution 2025-319
July 2, 2025

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RESOLUTION NO. 2025-319

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR THE BROKER/DEALER ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and
WHEREAS, the following firms are approved broker/dealers registered with the U.S.

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

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

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

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

SECTION 3. The authorized account signers are as follows:

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

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this

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Resolution No. 2025-319
Resolution 2025-319
July 2, 2025

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2025-319
Resolution 2025-319
July 2, 2025

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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. 2025-319, adopted at a regular meeting held on the 2 nd day of July, 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 3rd day of July 2025.

Telicia Lopez, CMC, Acting City Clerk

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Resolution No. 2025-320
Resolution 2025-320
July 2, 2025

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RESOLUTION NO. 2025-320

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR COMPUTERSHARE TRUST

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

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

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

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

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

Position Individual Name
City Manager
Deputy City Manager
Eric Levitt
Tanya Romo
Interim Director of Finance and Management Cynthia Jeannie Abano Fortune

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Resolution No. 2025-320
Resolution 2025-320
July 2, 2025

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Services
Director of Human Resources Andrea Russell

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2025-320
Resolution 2025-320
July 2, 2025

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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. 2025-320, adopted at a regular meeting held on the 2 nd day of July, 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 3rd day of July 2025.

Telicia Lopez, CMC, Acting City Clerk

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 2, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Authorize a Vendor Services Agreement with DM & G Construction and Engineering Services Inc. for
Installation of Guardrails in the amount of $193,560
(All Wards)
Recommendation:

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

1. Authorize the City Manager to execute a Vendor Services Agreement with DM & G Construction and Engineering Services Inc. for the installation of guardrails; and

2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $193,560 for FY 25/26; and

3. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $100,000 for FY 26/27 and $100,000 for FY 27/28.

Executive Summary:

The proposed agreement with DM & G Construction and Engineering Services will allow the City to install and maintain guardrails that protect motorists, pedestrians, and infrastructure. Guardrails serve as critical roadside safety features, particularly in areas such as curves, slopes, and near fixed objects. This agreement will be funded by Gas Tax and Traffic Safety funds. It supports the City’s roadway safety goals by proactively addressing locations where barriers are necessary to reduce crash severity.

Background
The Public Works Department, through its Traffic Engineering section, is responsible for evaluating and addressing roadway safety needs throughout the

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City. Based on traffic analysis, collision data, and field inspections, certain roadway segments have been identified as needing guardrail installations to protect both the traveling public and roadside infrastructure.

Guardrails are designed to prevent vehicles from leaving the roadway and to shield hazards such as embankments, utility poles, culverts, roadside land uses or fixed objects. The scope of this agreement includes:
New guardrail installation at identified locations, and minor associated improvements, including terminal end treatments and posts.

This proactive infrastructure enhancement effort is based on a combination of engineering analysis and community safety priorities.

Public Works staff uses the following criteria to assess and prioritize guardrail installation:
Field inspections conducted by engineering staff
Roadway risk assessments
Citizen and stakeholder feedback received through CRM
Evaluation of roadway geometry and proximity to hazards Discussion
The Vendor Service Agreement with DM & G Construction and Engineering Services Inc. outlines the installation of guardrails throughout the City. The agreement is in the amount of $193,560 for the next fiscal year of 2025/2026. The term of the proposed agreement shall be from July 1, 2025 to June 30, 2028.

The scope of work includes materials, equipment, and traffic control necessary to install a complete metal beam guardrail system in accordance with Caltrans Standard Plan A77 (latest edition). The project is expected to be completed within this fiscal year timeframe, with work anticipated to begin immediately upon contract execution. This agreement ensures timely delivery of critical safety improvements as identified by the Public Works Department.

On February 27, 2025, the Traffic Engineering section of Public Works, with the Purchasing Department, initiated a formal process to solicit proposals for the guardrail installation. Request for Qualifications RFA No. F-25-4034 with a due date of March 27, 2025. The solicitation resulted in three proposals that were evaluated based on responsiveness and cost. DM & G Construction and Engineering Services submitted a competitive proposal and demonstrated qualification in performing guardrail work for public agencies.

This selection was based on the lowest quote received as shown below:

Vendor City Cost

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DM&G Construction and
Engineering Services Chino , CA $64,825
Ferreria Construction Co Rancho
Cucamonga, CA $249,000
Global Builders Inc Laguna , CA $170,000
Staff recommends awarding the agreement to DM & G based on their experience, proposed pricing, and recent performance on similar contracts. The award is based on the unit cost of $129.65 per linear foot, which is the most competitive of the three vendors and represents the best pricing the City has received.

The term of the proposed agreement shall be from July 1, 2025, to June 30, 2028. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Strategic Target and Goal No. 3c: Improved Quality of Life - Evaluate and enhance the quality of public safety services. Guardrail installation is an effective way of preventing vehicles from running off the roadway.

Fiscal Impact
There is no General Fund impact associated with this item. Sufficient funds exist in the FY 2025/26 adopted budget. Funding for future years will be accounted for in the future budget cycles, as this will be a contractual obligation.

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 Vendor Services Agreement with DM & G Construction and Engineering Services Inc. for the installations of guardrails; and

2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $193,560 for FY 25/26; and

3. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $100,000 for FY 26/27 and $100,000 for FY 27/28.

Attachments
Attachment 1 Vendor Services Agreement with DM & G Construction and Engineering Services
Ward:

All Wards
Synopsis of Previous Council Actions:

None

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1 ON-CALL VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND DM & G CONSTRUCTON AND ENGINEERING SERVICES, Inc.

This Agreement is made and entered into as of July 2, 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, CA 92401 (“City”), and DM & G construction Engineering Services, a corporation in California with its principal place of business at 13760 Mountain Ave, Chino, CA 91710 (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 vendor services for the following project:

Guardrail Installation Services (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.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”.

3. Vendor Practices. All vendor 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.

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2 a. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 4(b) below.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder not to exceed the sum of $193,560 FY 25/26, $100,000 FY 26/27, $100,000 27/28. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

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

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

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered and no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.

6. Term. The term of this Agreement shall commence on the Effective Date and continue through June 30, 2028, 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 set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be

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3 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 a Task Order from the City to proceed.

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 public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.

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4 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 practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.

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

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

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

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

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

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

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5 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:

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.

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

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

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 occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(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

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8 evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

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9 (1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of

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10 the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and 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

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11 to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

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

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

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

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

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s 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.

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12 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 Greg Smith and Hector Mendoza 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: Lynn Merrill 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:

DM & G Construction and Engineering
Services Inc. Attn: Nicholas Lizarraga,
13760 Mountain Ave, Chino , CA 91710

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

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13 shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

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

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

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

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

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

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

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

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.

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

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

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

43. Order of Precedence.

The following order and succession of the referenced documents shall govern in the event of conflict between documents:

1. Amendment(s)

2. This Agreement

3. Task Orders

44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]

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15 SIGNATURE PAGE FOR ON-CALL VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND DM & G CONSTRUCTION AND ENGINEERING SERVICES INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Bill Gallardo
Interim City Manager
ATTESTED BY:

Telicia Lopez, CMC
Acting City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
DM& G Construction and Engineering
Services Inc.

APPROVED BY:

NICHOLAS LIZARRAGA

DIRECTOR

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16 EXHIBIT A

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17 EXHIBIT B
Sample Task Order Form

TASK ORDER
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: [INSERT NAME OF CONSULTANT]
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date:_____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF SAN BERNARDINO [INSERT NAME OF CONSULTANT]
Dated: Dated:

By: By:

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 2, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Authorize a Cooperative Agreement with the City of Colton for Traffic Signal Design and Construction for
Hunts Lane Harwick Drive in the amount of $385,000
(Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution 2025-321 authorizing the City Manager to execute the Cooperative Agreement with the City of Colton for traffic signal design and construction for Hunts Lane and Harwick Drive.

Executive Summary
The Public Works Department has identified the intersection of Hunts Lane and Harwick Drive as a critical location for the installation of new traffic signals to improve roadway safety, enhance traffic circulation, and support growing vehicle and pedestrian activity. Increased traffic volumes resulting from recent development have led to significant congestion and delays, particularly during peak travel times. This project is a collaborative effort with the City of Colton, with both cities agreeing to share the costs equally, with an estimated total project cost of $770,000. The City of San Bernardino will manage and lead the project, with the City of Colton reimbursing San Bernardino approximately $385,000 for its 50% share upon completion.

Background
The proposed traffic signal at the intersection of Hunt Lane and Harwick Drive is a critical safety and traffic management improvement. The intersection, which serves as a key access point for both the residential community and Colony Park attendees, has experienced increased traffic volumes due to recent developments in the surrounding region. To address congestion and enhance safety, a cooperative agreement will be

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formed between the City of San Bernardino and the City of Colton to jointly fund, design, and construct the traffic signal.
Cost Sharing: The agreement outlines the financial responsibilities of each party involved in the project.
Design and Engineering: Under the agreement, a traffic signal design is developed according to city standards and state regulations, ensuring it meets safety and operational requirements.
Construction Timeline: The construction schedule is established, prioritizing minimal disruption to local traffic and businesses. Coordination with adjacent construction projects is also a factor to ensure smooth execution. Maintenance: Once the traffic signal is completed, the agreement may define long-term responsibilities for signal maintenance, typically falling under the jurisdiction of the City's Public Works Department.

This signal installation is intended to address both existing and anticipated traffic demands, improve vehicular and pedestrian safety, and ensure smooth access to nearby businesses and parks. The signal at Hunts Lane and Hardwick aligns with broader infrastructure goals, such as reducing congestion and supporting economic growth in the area.

On June 4, 2025, the Mayor and City Council adopted Resolution No. 2025-298, which approved the City of San Bernardino’s Fiscal Year 2025/26 Operating Budget and the Capital Improvement Plan for Fiscal Years 2025/26 through 2029/30. This action established the financial framework and funding priorities for the City’s operations and infrastructure projects for the upcoming fiscal year and beyond.

Discussion
The City of San Bernardino recently received a request from the City Council, City of Colton staff through their City Council office and City of San Bernardino residents to conduct a traffic study at the intersection of Hunts Lane and Harwick Drive. This request comes in response to concerns raised by residents and frequent Colony Park visitors about traffic congestion and potential safety issues in the area. The study assessed current traffic patterns, and pedestrian activity to identify the needed improvements.

In evaluating the need for a new traffic signal at an intersection, the City uses the California Manual on Uniform Traffic Control Devices (CA MUTCD) signal warrants as the standard guideline. CAMUTCD provides specific traffic signal warrants, which are criteria used to determine if a traffic signal is justified based on factors such as traffic volume, pedestrian activity, and accident history. These warrants cover multiple scenarios, including minimum vehicle volumes, pedestrian volume, school crossing requirements, and coordinated signal systems. By applying CAMUTCD signal warrants, the City ensures that any proposed traffic signal installation meets standardized safety and operational needs, balancing traffic flow with the necessity to enhance safety for all roadway users.

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Through comprehensive analysis of the signal warrants, it was determined that the location satisfies Four Hour Vehicular Volume warrant No.2 Figure 4C-101(CA) (Attachment 3), including considerations of vehicular and pedestrian traffic volume, as well as safety and operational efficiency criteria. This ensures that the installation will enhance traffic flow, reduce potential collision points, and provide safer access to adjacent properties.

The total project cost of $770,000 is based on preliminary estimates prepared by the City Engineer. These estimates were developed using historical data from similar traffic signal projects previously completed by the City and adjusted to account for current market conditions. Additional funding was included as a contingency to address potential cost fluctuations, unforeseen conditions, and project management needs.

The cities of San Bernardino and Colton are collaborating on the installation of a new traffic signal at the intersection of Hunts Lane and Harwick Drive, with all project costs to be shared equally on a 50/50 basis. The City of San Bernardino will act as the lead agency and manage the project, with the City of Colton reimbursing San Bernardino approximately $385,000 for its share upon project completion. The estimated design cost is $40,000, with each city contributing $20,000. Construction is estimated at $600,000, with each city responsible for $300,000. An additional $100,000 is allocated for contingencies, and $30,000 is budgeted for construction management and staff time—each city contributing $50,000 and $15,000, respectively. This cost-sharing structure reflects a balanced financial partnership and supports efficient resource use to improve traffic operations and public safety at this shared regional intersection.

Although the City of San Bernardino will serve as the lead agency for this project, the City is still required to follow a formal competitive procurement process. While the cooperative agreement itself is exempt from formal bidding under San Bernardino Municipal Code (SBMC) § 3.04.010(D)(1) — which allows for intergovernmental agreements approved by the City Council — the construction phase of the project will still be subject to competitive procurement. Accordingly, the City will conduct a formal bidding process for construction in compliance with City purchasing policies and all applicable public contracting laws to ensure transparency, fairness, and fiscal responsibility.

Environmental Impact
The Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or Cost CategoryTotal Estimated CostContribution Per CityDesign $40,000.00$20,000.00Construction$600,000.00$300,000.00Contingency $100,000.00$50,000.00Construction Management & Staff Time$30,000.00$15,000.00Total $770,000.00$385,000.00

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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 structure replaced and will have substantially the same purpose and capacity as the structure replaced. Here, the Project involves minor improvements and replacement of existing traffic signs with traffic signals 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
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
This project is consistent with Goal No. 1(e): Improved Operational & Financial Capacity by minimizing risk and litigation exposure. This project will enhance safety for all users of the roadway.

Fiscal Impact

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There is no General Fund impact associated with this action. The total estimated project cost is $770,000, with the City of San Bernardino responsible for 50% ($385,000). Funding of $40,000 is included in the FY 2025/26 Adopted CIP Budget within the Traffic Safety Fund for design costs. The remaining $730,000 for construction will be included in the proposed FY 2026/27 budget, subject to City Council appropriation. As the lead agency, the City will manage the competitive procurement and contract award for construction. The City of Colton will reimburse San Bernardino for 50% of the total actual project cost upon completion or per mutually agreed billing milestones.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution 2025-321 authorizing the City Manager to execute Cooperative Agreement with the City of Colton for traffic signal design and construction for Hunts Lane and Harwick Drive.

Attachments
Attachment 1 Resolution No. 2025-321
Attachment 2 Cooperative Agreement between City of San Bernardino & City of Colton
Attachment 3 Traffic Signal Warrant Worksheet
Ward:

Ward 3
Synopsis of Previous Council Actions:

June 4, 2025 Mayor and City Council adopted Resolution No. 2025-298 approving the City of San Bernardino’s Fiscal Year 2025/26 Operating Budget and 2025/26-2029-30 Capital Improvement Plan

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Resolution No. 2025-321
Resolution 2025-321
July 2, 2025

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RESOLUTION NO. 2025-321

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

COOPERATIVE AGREEMENT WITH THE CITY OF

COLTON FOR TRAFFIC SIGNAL DESIGN AND

CONSTRUCTION FOR HUNTS LANE AND HARWICK
DRIVE.

WHEREAS, the City of Colton and the City of San Bernardino share jurisdiction of the intersection of Hunts lane and Harwick Drive; and
WHEREAS, conducting cooperative projects on streets and intersections of shared jurisdiction is more efficient and cost effective as compared to separate projects issued by each jurisdiction; and
WHEREAS, Hunts Lane and Harwick Drive intersection identified in need of a new traffic signal by conducting a traffic signal warrant analysis based on the State of California Manual on Uniform Traffic Control Devices (CAMUTCD) guidelines; and WHEREAS the City of San Bernardino and the City of Colton desire to install new traffic signals at this intersection; and
WHEREAS the City of San Bernardino and the City of Colton desire to evenly split the costs of such traffic signals.

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

SECTION 1. The Mayor and City Council hereby authorize the City Manager, or his designee, as the signatory authority to execute all agreements and certifications in support of the EECBG project.

SECTION 2. The Director of Finance and Management Services is hereby authorized to amend the FY 2025/26 Capital Improvement Program to add the traffic design and construction in a total project total amount of $770,000 and appropriate the $40,000 from the Traffic Safety Fund for 2026/27 for design of the traffic signal and appropriate $600,000 from the Traffic Safety Fund for construction and appropriate $100,000 from the Traffic Safety Fund for contingencies and appropriate $30,000 for construction management and Staff time from the Traffic Safety Fund.

SECTION 3.CEQA. 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 purpose and capacity as the structure replaced. Here, the Project involves minor

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Resolution No. 2025-321
Resolution 2025-321
July 2, 2025

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improvements and replacement of existing traffic signs with traffic signals 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 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.

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.

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Resolution No. 2025-321
Resolution 2025-321
July 2, 2025

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2025-321
Resolution 2025-321
July 2, 2025

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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. 2025-321, adopted at a regular meeting held on the 2 nd day of July 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 3rd day of July 2025.

Telicia Lopez, CMC, Acting City Clerk

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COOPERATIVE AGREEMENT
Hunts lane and Harwick Drive

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COOPERATIVE AGREEMENT

BETWEEN

CITY OF SAN BERNARDINO
AND

CITY OF COLTON

FOR THE

DESIGN AND CONSTRUCTION OF THE TRAFFIC SIGNAL AT THE INTERSECTION OF

HUNTS LANE AND HARWICK DRIVE
This AGREEMENT is entered into this _______ day of ___________, 2025, in the State of California, by and between the City of San Bernardino, hereinafter called SAN BERNARDINO, and the City of Colton, hereinafter called “COLTON” .

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, SAN BERNARDINO and COLTON’s are also each referred to herein as “Party” and collectively referred to herein as “Parties”) desire to cooperate and jointly participate in a design and construction of the traffic signal at the intersection of Hunts Lane and Harwick Drive project on (hereinafter referred to as “PROJECT”); and
WHEREAS, the PROJECT is located at the boundary of the incorporated area of SAN BERNARDINO and the incorporated area of COLTON; and
WHEREAS, California Streets and Highways Code section 1807 authorizes two adjacent cities, if authorized by their governing bodies, to enter into a mutual agreement for the improvement and maintenance of the street which constitutes the boundary line between the two adjacent cities, and authorizes, pursuant to such agreement, the cities to expend funds available for the improvement and maintenance of that boundary street; and
WHEREAS, the legislative bodies of SAN BERNARDINO and COLTON, determine that the PROJECT is necessary for the more efficient design and construction, of the Hunts Lane and Harwick Dr; and
WHEREAS, it is anticipated that SAN BERNARDINO’s share of PROJECT costs will be funded from SAN BERNARDINO’s local funds and COLTON’s share of PROJECT costs will be funded from COLTON’s local funds; and
WHEREAS, the total PROJECT cost is estimated to be $770,000; and WHEREAS, SAN BERNARDINO’s share of PROJECT cost is estimated at $385,000 and COLTON’s share of PROJECT cost is estimated to be $385,000 as more particularly set forth in Exhibit “A”, which is attached hereto and incorporated herein by this reference; and WHEREAS, the above-described costs are proportioned based on the work to be performed in each PARTY’s jurisdiction; and
WHEREAS, SAN BERNARDINO and COLTON desire to set forth the responsibilities and obligations of each as they pertain to such participation, and to the design, construction, and funding of the PROJECT.

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NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

SECTION I
SAN BERNARDINO AGREES TO:

1. Act as the Lead Agency in the design, construction, construction engineering, inspection, and California Environmental Quality Act (CEQA) compliance (Public Resources Code section 21000 et seq.) of the PROJECT. Design work shall include components of the traffic signal and apparatus, signing and stripping plans and Southern California Edison service connection plans for Hunts Lane and Harwick Dr.

2. Provide design plans and recommendations, plans, specifications, estimates, and bid documents for the PROJECT to COLTON, for COLTON’s review and approval.

3. Construct the PROJECT by contract in accordance with the plans and specifications of SAN BERNARDINO, which have been reviewed and approved by SAN BERNARDINO, to the satisfaction of and subject to concurrence of COLTON.

4. Arrange for relocation of all utilities which interfere with construction of the PROJECT within the entire PROJECT limits, subject to paragraph 3.9 below.

5. Obtain a no-cost permit from COLTON for work performed within COLTON’S right-of-way.

6. Advertise, award, and administer the construction of the PROJECT, in accordance with the provisions of the California Public Contract Code applicable to cities and require contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages. San Bernardino shall indemnify, defend (with counsel reasonably approved by COLTON, and hold harmless COLTON and its officers, employees, volunteers, and agents from any and all claims, actions, losses, damages, and/or liability arising out of SAN BERNARDINO’s obligations set forth in this paragraph.

7. SAN BERNARDINO shall require all contractors and vendors working on the PROJECT to have appropriate and adequate insurance coverage for the mutual protection and benefit of the Parties.

Except for Workers’ Compensation, Errors and Omissions and Professional Liability policies, SAN BERNARDINO shall require and ensure that all SAN BERNARDINO contractors/subcontractors for the PROJECT shall have insurance policies that contain endorsements naming COLTON and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for COLTON to vicarious liability but shall allow coverage for COLTON 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.

8. Provide adequate inspection of all items of work performed under the construction contract(s) with SAN BERNARDINO’s contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by COLTON. SAN BERNARDINO shall provide copies of any records of inspection and materials testing to COLTON within ten (10) days of SAN BERNARDINO’s receipt of written demand from COLTON for such records. This shall be included as a PROJECT cost.

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9. Periodically submit to COLTON invoices for COLTON’s proportionate share of PROJECT costs.

Invoices shall include itemized accounting of actual Project costs incurred by SAN BERNARDINO and a detailed statement of COLTON’S proportionate share of those costs.

10. Upon PROJECT completion, calculate actual SAN BERNARDINO and COLTON PROJECT share percentages based on the final contract work and cost, which shall include any changes made within SAN BERNARDINO and/or COLTON as provided in this Agreement.

11. Pay its proportionate share of the actual PROJECT cost. The actual PROJECT cost shall include the cost of PROJECT preliminary engineering, design, survey, CEQA compliance, utility relocation work, construction, construction engineering, inspection, and SAN BERNARDINO overhead costs which will be based on PROJECT related staff hours billed at the fully burdened rate. SAN BERNARDINO’s proportionate share of the PROJECT cost is estimated to be $385,000. SAN BERNARDINO shall be responsible for the sum of $385,000, plus its share of any PROJECT cost increases pursuant to the terms of this Agreement. San Bernardino will track staff charges and will use fully burdened rate to estimate in-house charges for overhead cost.

12. Upon PROJECT completion and the capture of all PROJECT expenses, submit to COLTON an itemized accounting of actual PROJECT costs incurred by SAN BERNARDINO and, if said costs exceed the amount paid by COLTON pursuant to paragraph 9 and Section II paragraph 3, an invoice for the remainder of COLTON’s share of the actual PROJECT costs, up to the amount set forth in Section II paragraph 4 hereof, as provided herein. Said invoice shall set forth all actual PROJECT costs incurred by SAN BERNARDINO, together with adequate documentation of said expenditures and a copy of the overall SAN BERNARDINO/COLTON percentage share calculation spreadsheet.

If the actual PROJECT costs incurred by SAN BERNARDINO are less than the amount paid by COLTON pursuant to paragraphs 9 and Section II paragraph 3, then SAN BERNARDINO shall refund COLTON the difference within thirty (30) days after issuance of the itemized accounting.

SECTION II
COLTON AGREES TO:

1. Review and approve the plans and specifications of the PROJECT.

2. Provide a no-cost permit to SAN BERNARDINO for its work in COLTON’s right-of-way.

3. Within thirty (30) days after receipt of the invoice from SAN BERNARDINO pursuant to Section I paragraph 9 above, pay to SAN BERNARDINO the invoiced amount.

4. Reimburse SAN BERNARDINO for COLTON’S share of actual PROJECT costs upon completion of the PROJECT. Within thirty (30) days after receipt of the itemized accounting and invoice from SAN BERNARDINO pursuant to Section I paragraph 12 above, pay to SAN BERNARDINO the remainder of its share of the actual PROJECT costs based on the COLTON percentage calculated pursuant to Section I paragraph 10. The PROJECT costs shall include the cost of PROJECT design, CEQA compliance, utility relocation work, construction, construction engineering, inspection and SAN BERNARDINO overhead costs. COLTON share of PROJECT costs is currently estimated to be $385,000 and shall not exceed $423,500 (10% increase over the PROJECT cost estimate) absent a written amendment to this Agreement.

SECTION III

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IT IS MUTUALLY AGREED:

1. After SAN BERNARDINO’s and COLTON’s acceptance of completed PROJECT, COLTON shall be responsible for performing any and all work (including, but not limited to, maintenance) for the PROJECT limits that are in COLTON’s incorporated area and SAN BERNARDINO shall be responsible for performing any and all work (including, but not limited to, maintenance) for the PROJECT limits that are in SAN BERNARDINO’s incorporated area.

2. Neither COLTON nor any officer or employee of COLTON shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SAN BERNARDINO under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of SAN BERNARDINO under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, SAN BERNARDINO shall fully indemnify, defend and hold COLTON harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of SAN BERNARDINO under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of SAN BERNARDINO under this Agreement.

3. Neither SAN BERNARDINO nor any officer or employee of SAN BERNARDINO shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of COLTON under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of COLTON under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, COLTON shall fully indemnify, defend and hold SAN BERNARDINO harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of COLTON under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of COLTON under this Agreement.

4. COLTON and SAN BERNARDINO are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability and Worker’s Compensation, and warrant that through their respective programs of self-insurance they have adequate coverage or resources to protect against liabilities arising out of COLTON and SAN BERNARDINO’s performance of the terms, conditions or obligations of this Agreement.

5. The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, increased engineering costs, change orders, or arising from unforeseen site conditions, including utility relocation (but not from requested additional work by COLTON or SAN BERNARDINO, which is addressed in paragraph 8 below) over the estimated total of the PROJECT’s cost of $770,000 (which is the sum of $385,000 from COLTON and $385,000 from SAN BERNARDINO) shall be borne by each PARTY based upon where the work is required (i.e. whether the work is required in COLTON’s or SAN BERNARDINO’s jurisdiction) up to the amounts set forth in Section I paragraph 11 and Section II paragraph 4, respectively.

6. If either COLTON or SAN BERNARDINO requests additional work that is beyond the scope of the original PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work, if approved by both Parties pursuant to paragraph 17 will be paid solely by the agency requesting the work.

7. In the case wherein one of the Parties owns a utility that needs to be relocated for the PROJECT and that PARTY does not have prior rights for that utility, it will be the sole responsibility of that PARTY to relocate the utility at that PARTY’s cost. This shall not be included as a PROJECT cost.

In the case that a utility relocation is determined to be a PROJECT cost based on that utility having

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prior rights, the relocation of the utility will be included as a PROJECT cost for which COLTON and SAN BERNARDINO will be responsible for funding the work located within their respective boundaries.

8. As design progresses, if it is found by SAN BERNARDINO’s Director of Public Works, or the Director’s designee, that a cost overrun of 10% or more of the estimated total of the PROJECT costs will occur, SAN BERNARDINO shall provide COLTON notice of this fact and SAN BERNARDINO and COLTON shall endeavor to agree upon an alternative course of action, including amending the cost estimates. If, after thirty (30) days of SAN BERNARDINO’s notice, an alternative course of action is not mutually agreed upon in writing between COLTON and SAN BERNARDINO, this Agreement shall be deemed to be terminated by mutual consent.

9. SAN BERNARDINO shall notify COLTON of the bids received and the amounts thereof. In the event that either PARTY intends to cancel this Agreement based upon the bids or amount thereof, said PARTY shall notify the other PARTY at a reasonable time prior to the awarding of a contract to construct the PROJECT to avoid any detrimental reliance by either PARTY, contractor or potential contractor.

10. If after opening bids for the PROJECT, it is found that the responsive and responsible low bid amount is 110% of or less than the construction cost shown in Exhibit B, SAN BERNARDINO may award the contract.

11. If, upon opening of bids, it is found that the responsive and responsible low bid amount is greater than 110% of the construction cost shown in Exhibit B or an Amended Exhibit B pursuant to paragraph 10 of the Agreement, SAN BERNARDINO shall not award the contract unless: 1) SAN BERNARDINO receives written permission from COLTON’s City Engineer or designee, to proceed with the award; and 2) COLTON’s City Council approves the award of the construction contract. If the above described conditions are not met, COLTON and SAN BERNARDINO shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days of the bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent.

12. In the event that change orders are required during the course of the PROJECT, said change orders must be in form and substance as set forth in “Exhibit B”, which is attached hereto and incorporated herein by this reference, and approved by both COLTON and SAN BERNARDINO. Contract Change Order forms will be delivered by email and must be returned within five (5) business days. COLTON shall not unreasonably withhold approval of change orders. If a COLTON disapproved or modified change order is later found to cause an additional cost to the PROJECT, then COLTON shall be responsible for any additional costs, awards, judgments or settlements associated with the disapproved or modified change order.

13. This Agreement may be cancelled upon thirty (30) days advance written notice of either PARTY, provided however, that neither PARTY may cancel this Agreement after SAN BERNARDINO awards a contract to construct the PROJECT. In the event of cancellation as provided herein, including termination pursuant to paragraphs 10, 11 and 13 above, all PROJECT expenses occurred prior to the effective date of cancellation/termination shall be paid by the Parties in the same proportion to their contribution for the PROJECT. The PARTIES recognize and agree that the provisions governing utility relocation and construction are dependent upon the PARTIES first satisfying CEQA.

As provided in this paragraph, the Agreement may be cancelled with or without cause, before, during and after CEQA review/approval.

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14. Except as provided in paragraph 15, and except for the PARTIES’ operation, maintenance and indemnification obligations contained herein which shall survive termination, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by COLTON for its share of the PROJECT costs or refund by SAN BERNARDINO pursuant to Section I paragraph 12.

15. This Agreement contains the entire agreement of the PARTIES with respect to subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both PARTIES.

16. This Agreement shall be governed by the laws of the State of California. Any action or proceeding between SAN BERNARDINO and COLTON concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and tried in the appropriate state court, located in the County of San Bernardino, California.

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

18. Since the PARTIES or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any PARTY. Any term referencing time, days or period for performance shall be deemed COLTON business days. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

20. If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated.

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

22. This Agreement will be effective on the date signed by both PARTIES and shall conclude upon satisfaction of the terms identified in paragraph 16 or June 30, 2030 (whichever occurs first).

23. The Recitals are incorporated into the body of this Agreement.

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IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on the date and year first- above written.

CITY OF COLTON CITY OF SAN BERNARDINO
By: By:

Frank J. Navarro, Mayor Bill Gallardo
Interim City Manager
ATTEST:

By: Isaac T. Suchil, City Clerk By: Telicia Lopez
Acting City Clerk

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EXHIBIT A

PROJECT DESCRIPTION

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EXHIBIT B

ESTIMATE OF PROJECT COSTS

FOR CITY OF COLTON/CITY OF SAN BERNARDINO

HUNTS LANE AND HARWICK ROAD

DESCRIPTION AMOUNT

CITY OF SAN

BERNARDINO
SHARE

CITY OF COLTON
SHARE
Construction $700,00 $350,000_ $350,000
All Other Costs such as
design, survey, CEQA
compliance, construction
engineering, inspection
and City overhead
$70,000 $35,000 $35,000
TOTAL $770,000 $385,000 $385,000

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EXHIBIT C

CONTRACT CHANGE ORDER REVIEW/APPROVAL
:

CITY OF SAN BERNARDINO CONTRACT NO. ______
Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of San Bernardino and City of COLTON for the above project and the following shall apply:

DATE OF CITY OF SAN BERNARDINO ACTION: ____/____/____
APPROVED for Implementation with 100% Participation by CITY OF COLTON APPROVED Subject to Comments/Revisions Accompanying This Document APPROVED With Limited Funding Participation by CITY OF COLTON 50% of Actual Cost to be Funded by CITY OF COLTON
CITY OF COLTON Participation Not to Exceed $ 423,500
DISAPPROVED -Not Acceptable to CITY OF COLTON
Note: Approval under any of the above conditions shall in no case be construed as agreement to increase the total financial participation beyond that prescribed in the existing CITY OF SAN BERNARDINO and CITY OF COLTON agreement without a separate amendment to said agreement. Net increases in costs deriving from this and previously approved Contract Change Orders shall not cause the total construction costs to exceed the sum of the authorized contract total and contingency amounts.

Comments, as follows and/or attached, are conditions of the above action? YES NO __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ SIGNED: _______________________________________________ TITLE: _________________________________________________ Distribution:

Signed Original Returned to Resident Engineer
Signed Original for CITY OF COLTON File

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California MUTCD 2014 Edition Page 844 (FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)

Chapter 4C – Traffic Control Signal Needs Studies November 7, 2014 Part 4 – Highway Traffic Signals

Hunts Ln
Harwick Dr
3/7/2024
✔
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✔
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✔
✔
✔
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495
601
571
720
917
984
914
695
48 47
58 73
174
286
313
149
11 12
1 2
3 4
5 6
495
601
571
720
917
984
914
695
48 47
58 73
174
286
313
149
45 25
11 12
1 2
3 4
5 6

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California MUTCD 2014 Edition Page 845 (FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)

Chapter 4C – Traffic Control Signal Needs Studies November 7, 2014 Part 4 – Highway Traffic Signals

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✔
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✔
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✔
✔
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✔
✔
✔
✔
791
984
914
695
174
286
313
149
984
286
4 3:00 - 6:59
3 4
5 6
✔

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California MUTCD 2014 Edition Page 846 (FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)

Chapter 4C – Traffic Control Signal Needs Studies November 7, 2014 Part 4 – Highway Traffic Signals

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791
3 984
914
695
3 4
16 0
4 5
6 3:45
254
249
238
251
1 0
2 1
4:00
4:15
4:30
N/A
N/A
N/A
N/A

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California MUTCD 2014 Edition Page 847 (FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)

Chapter 4C – Traffic Control Signal Needs Studies November 7, 2014 Part 4 – Highway Traffic Signals

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820
1200
N/A
N/A
1346
Yes
No
Yes
Yes
Yes
No

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 2, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Accept Highway Safety Improvement Program (HSIP) Cycle 12 Grant – E Street Median in the amount of
$3,152,700 (Ward 1 & 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-322:

1. Approving the Acceptance of the Highway Safety Improvement Program (HSIP) Cycle 12 Grant in the amount of $3,152,700; and

2. Authorizing the City Manager or designee to approve grant matching funds in the amount of $100,300 from the Traffic Safety Fund; and

3. Designating the City Manager, or designee, as a responsible agency official authorized to sign project agreements and certifications for the preparation of the HSIP Cycle 12 Project; and

4. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 CIP budget with an additional $100,300 from the Traffic Safety Fund to bring the total project budget to $3,503,000; and

5. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 CIP budget with an additional $3,503,000 in HSIP Cycle 12 grant funding.

Executive Summary
The Public Works Department recommends that City Council approve the acceptance of Highway Safety Improvement Program (HSIP) grant funds for the design and construction of the E Street Median Improvement Project. The project will enhance

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traffic and pedestrian safety along E Street through the installation of raised medians, upgraded signage, and other roadway safety features consistent with the goals of the HSIP. The proposed improvements are aimed at enhancing access control, particularly in high-incident areas. The City has been awarded HSIP funds in the amount of $3,152,700 to support both the design and construction phases. These funds will cover 90% of the total estimated project cost, with the remaining funds to be provided through the Traffic Safety Fund.

Background
The Highway Safety Improvement Program (HSIP) is a core Federal-aid program with the purpose of achieving a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned roads and roads on tribal land. The HSIP requires a data-driven, strategic approach to improving highway safety on all public roads with a focus on performance.

The HSIP is legislated under Section 148 of Title 23, United States Code (23 U.S.C. 148) and regulated under Part 924 of Title 23, Code of Federal Regulations (23 CFR Part 924). The HSIP consists of three main components, the Strategic Highway Safety Plan (SHSP), State HSIP or program of highway safety improvement projects and the Railway-Highway Crossing Program (RHCP), In addition, some states also have a High Risk Rural Roads (HRRR) program if they had increasing fatality rate on rural roads.

The E- Street corridor is one of the major thoroughfares in San Bernardino, it was selected as a route for the sbX BRT system due to its high traffic volume and the need for efficient public transportation options. Bus lanes, which are lanes designated exclusively for buses, are a key component of BRT systems like sbX. These lanes help buses bypass traffic congestion, allowing them to move more quickly and adhere to schedules more reliably.

The sbX Line operates in a center-running dedicated transit lane along “E” Street between 10th Street and Hospitality Lane, and along Hospitality Lane between “E” Street and Tippecanoe Avenue. The City owns and maintains the street right-of-way, including dedicated bus lanes, pursuant to the Master Cooperative Agreement between Omnitrans and the City of San Bernardino for the “E” Street Corridor sbX Bus Rapid Transit Project, executed September 21, 2009.The City and Omnitrans have determined that a safety concern exists where vehicles make left turns out of business driveways across the dedicated bus lane. The temporary delineators installed by Omnitrans to stop vehicles from crossing the dedicated bus lane have not been effective because they are easily removed/destroyed and need frequent replacement.

Since the opening of the sbX line in 2014, the City has found the maintenance and replacement of the missing and destroyed delineators to be cost prohibitive. In 2019, the City constructed a median on Hospitality Lane between “E Street and Waterman Avenue in which collisions between buses and vehicles reduced significantly.

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Discussion
The City and Omnitrans have decided to collaborate on addressing the escalating collisions involving buses and vehicles along the sbX line on “E” Street, spanning from Fairway Drive to 10 th St. Under this agreement, they will jointly undertake the design, pursue environmental clearance (CEQA or NEPA in case of federal funding), and oversee construction for the project aimed at achieving the final development of Plans, Specifications, and Estimates (PS&E).

During the initial submission of the HSIP Cycle 12 application, the Plans, Specifications, and Estimates (PS&E) phase was inadvertently omitted from the project scope and funding request. To address this oversight, staff submitted a revised request to include the PS&E phase at a cost of $229,500. Caltrans is currently in the process of updating the award letter to reflect the revised grant funding amount awarded to the City. This phase is essential to the successful development and delivery of the project.

The City intends to proceed in full compliance with all applicable federal and state requirements.

This staff report reflects that the revised estimated total cost for the Project is $3,503,000, which includes design, environmental clearance, preparing of Plans and Specification, construction management service, and construction. The cost of the local match in the amount of $350,300 will be split equally, 50/50 with Omnitrans which will result in $175,150 for Omnitrans contribution to the project with the remaining balance covered by the HSIP grant.

It is important to note that Omnitrans will reimburse the City of San Bernardino for its share of the local match, $175,150, once the applicable project expenditures have been incurred. This reimbursement pertains solely to Omnitrans’ 50% share of the required local match and does not apply to any other project costs outside of the $350,300 match obligation.

On June 4, 2025, the City Council adopted Resolution No. 2025-298, approving the City of San Bernardino’s Fiscal Year 2025/26 Operating Budget and the Fiscal Years 2025/26–2029/30 Capital Improvement Plan. As part of this action, the Council approved CIP Project SS25-011 for the E Street Median Improvements and established a budget of $250,000 in the Traffic Safety Fund to support the project. 2021-2025 Strategic Targets and Goals
This Project consists of Goal No. 4: Improve Quality of Life – Evaluate and enhance the quality of public safety services. The median on “E” Street along the proposed segment will enhance roadway safety for both the buses and the vehicles.

Fiscal Impact

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There will be no fiscal impact to the General Fund associated with this item. There is grant match funding in the amount of $350,300. HSIP Federal funding in the amount of $3,152,700 has been approved for the “E” Street median and is available for this project.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-322:

1. Approving the Acceptance of the Highway Safety Improvement Program (HSIP) Cycle 12 Grant in the amount of $3,152,700; and

2. Authorizing the City Manager or designee to approve grant matching funds in the amount of $100,300 from the Traffic Safety Fund; and

3. Designating the City Manager, or designee, as a responsible agency official authorized to sign project agreements and certifications for the preparation of the HSIP Cycle 12 Project; and

4. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 CIP budget with an additional $100,300 from the Traffic Safety Fund to bring the total budget to $3,503,000; and

5. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 CIP budget with an additional $3,503,000 in HSIP Cycle 12 grant funding.

Attachments
Attachment 1 Resolution No. 2025-322
Attachment 2 Location Map
Attachment 3 Grant Award Letter
Ward:

First and Third Ward
Synopsis of Previous Council Actions:

March 20, 2024 Resolution No. 2024-057 Approving Cooperative Agreement with Omnitrans for the E Street Median Project (Wards 1 & 3)

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Resolution No. 2025-322
Resolution 2025-322
July 2, 2025

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RESOLUTION NO. 2025-322

RESOLUTION OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO , CALIFORNIA

ACCEPT HIGHWAY SAFETY IMPROVEMENTS
PROGRAM (HSIP) CYCLE 12 GRANT OF $3,152,700,

AUTHORIZE THE CITY MANAGER OR DESIGNEE

TO APPROVE GRANT MATCHING FUNDS IN THE
AMOUNT OF $350,300 FROM THE TRAFFIC SAFETY

FUND, DESIGNATE THE CITY MANAGER, OR

DESIGNEE AS A RESPONSIBLE AGENCY OFFICIAL

AUTHORIZED TO SIGN PROJECT AGREEMENTS

AND CERTIFICATIONS FOR THE PREPARATION OF
THE HSIP CYCLE 12 PROJECT, AUTHORIZE THE

DIRECTOR OF FINANCE AND MANAGEMENT
SERVICES TO AMEND THE FY 2025/26 CIP BUDGET
WITH AN ADDITIONAL $350,300 FROM THE

TRAFFIC SAFETY FUND TO BRING THE TOTAL
PROJECT BUDGET TO $3,503,000, AND AUTHORIZE

THE DIRECTOR OF FINANCE AND MANAGEMENT
SERVICES TO AMEND THE FY 2025/26 CIP BUDGET
WITH AN ADDITIONAL $3,152,700 IN HSIP CYCLE 12
GRANT FUNDING.

WHEREAS, the HSIP is legislated under Section 148 of Title 23, United States Code (23 U.S.C. 148) and regulated under Part 924 of Title 23, Code of Federal Regulations (23 CFR Part 924).

WHEREAS, on February 21, 2025, the City received approval of their HSIP Cycle 12 Grant application from the California Department of Transportation stating that the City’s Project (installation of various safety features along “E” Street) was awarded the HSIP Cycle 12 Grant; and
WHEREAS, the sbX Line operates in a center-running dedicated transit lane along “E” Street between 10th Street and Hospitality Lane; and
WHEREAS, on March 4, 2025, after agreeing to collaborate on addressing safety concerns along the sbX line, the City and Omnitrans entered into a cooperative agreement to share in the cost, design, environmental clearance, and construction oversight of the Project; and WHEREAS, the City staff submitted to Caltrans the project authorization and budget adjustment request to proceed to the environmental phase and the plan specification and estimates phase of the Project

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

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Resolution No. 2025-322
Resolution 2025-322
July 2, 2025

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

SECTION 2. The Mayor and City Council hereby accept the HSIP Cycle 12 grant funding in the amount of $3,152,700 and designate the City Manager, or his designee as the signatory authority to execute all agreements and certifications in support of the HSIP grant.

SECTION 3. The Director of Finance and Management Services is hereby authorized to establish a project budget in the total amount of $3,503,000 in the Federal Fund Program 123 in which $3,152,700 is reimbursable through the grant funding program and appropriate $350,300 from the Traffic Safety fund.

SECTION 4. 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.

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 2nd day of July, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2025-322
Resolution 2025-322
July 2, 2025

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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. 2025-322, adopted at a regular meeting held on the 2 nd day of July 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 3rd day of July 2025.

Telicia Lopez, Acting City Clerk

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“Provide a safe and reliable transportation network that serves all people and respects the environment”

DIVISION OF LOCAL ASSISTANCE
P.O. BOX 942874, MS –1
SACRAMENTO, CA 94274 –0001
PHONE (916) 653- 8620
FAX (916) 654- 2409
TTY 711
www.dot.ca.gov /programs/local-assistance

February 28, 2025

Highway Safety Improvement Program (HSIP) Cycle 12 Award

Dear Azzam Jabsheh:

Congratulations! Your HSIP application has been selected for funding:

Application ID Location Description of Work Project Cost HSIP Funds Requested
08-San Bernardino-1 E Street from
Fairway Drive
to 10th Street.

Install a hard median. $3,273,500 $ 2,946,150

The complete list of funded projects in HSIP Cycle 12 Call for Projects is available online at https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/highway-safety- improvement-program/approved-project-lists.

The agency’s first step is to contact the appropriate District Local Assistance Engineer (DLAE) who can assist with the funding allocation process and other project management requirements. The DLAE contact information is available at https://dot.ca.gov/programs/local-assistance/other- important-issues/local-assistance-contacts.

To help in the success of your project, here are some important items to note:

1. Both federal and state funds will be used for HSIP Cycle 12 projects. Please pay attention to the funding type for your project as listed in the Cycle 12 project list. • Any project receiving $1.2 million or more in HSIP funding is federalized. • Projects receiving between $800,000 and $1.2 million in HSIP funding are federalized only if they qualify for the High Risk Rural Road (HRRR) Special Rule. • All other projects will use state funds.

2. The HSIP is a reimbursement program. Reimbursable work cannot commence on your project until you receive an allocation (for state funds) or an authorization (for federal funds) from Caltrans Division of Local Assistance (DLA) for this project.

3. For state funded HSIP projects, please note:
a. The funding allocation process for HSIP projects with state HSIP funding is different from projects in other programs such as ATP/STIP and SB1. The funding allocation for HSIP projects is processed through Caltrans DLA, not the CTC.

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Azzam Jabsheh
February 28, 2025

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“Provide a safe and reliable transportation network that serves all people and respects the environment” b. The funding allocation request is Phase specific, i.e. Preliminary Engineering (PE), Right of Way (ROW) or Construction (CON).

For more guidance on implementing State-funded HSIP projects, please visit https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/highway- safety-improvement-program/state-funded-hsip.

4. For federally funded HSIP projects, please follow the project authorization process in Chapter 3 of the Local Assistance Procedures Manual (LAPM).

5. The delivery of the HSIP Cycle 12 projects must meet the below milestones:
a. The PE phase (if applicable) must be allocated by 12/31/2025; b. The Construction (CON) phase must be allocated by 3/31/2028 (6 months may be added for projects with consultant for PE).

For HSIP project delivery requests and status of the projects, please visit https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/highway- safety-improvement-program/delivery-requirements-status-approved-projects.

6. It is the agency’s responsibility to review their project scope throughout the project delivery process and confirm that HSIP funding is used to fund the approved eligible scope as defined in your HSIP application. In case that any scope or cost change is needed, please contact your DLAE.

7. Prior to engaging in any Architectural and Engineering (A&E) contract procurement(s), agencies should reference Chapter 10 (Consultant Selection) of the Local Assistance Procedures Manual (LAPM), located at https://dot.ca.gov/programs/local- assistance/guidelines-and-procedures/local-assistance-procedures-manual-lapm.

If you have any questions about your project, please feel free to contact Eduardo Moreno- Castaneda at 909-963-9282, or at [email protected].

Sincerely,

Alberto Vergel De Dios, PE
District Local Assistance Engineer (DLAE)
Division of Planning, Local Assistance

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: July 2, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Andrea Russell, Director of Human Resources
Department: Human Resources
Subject: Approve the Annual Renewal of the City’s Risk Management Insurance Policies in the amount of
$3,337,089 for FY 2025/26 (All Wards)
Recommendation:

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

1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and

2. Authorize the City Manager or designee to execute all related documentation.

Executive Summary
The City purchases insurance policies through Public Risk Innovation, Solutions, and Management (PRISM), a member-directed risk sharing pool of public agencies committed to providing risk coverage programs and risk management services, which drive member stability, efficiency, and best practices. Staff is recommending renewing insurance coverage for the specific policies noted below. • Excess Workers’ Compensation Program
• General Liability 2 Program (GL2)
• Master Crime Program
• Cyber Liability Program
Background
On June 19, 2019, the Mayor and City Council adopted a resolution authorizing the City Manager to purchase stand-alone commercial coverage for excess liability insurance through the City’s then liability broker Aon; and increased the City‘s self-

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insured retention (SIR) from $1 million to $5 million in order to obtain a manageable premium amount. Before the start of FY 20/21 began, Allied, the City’s then excess liability insurance carrier, made the determination not to renew coverage with the City.

Instead, what Allied offered was a 30-day extension of the existing policy to allow the City an opportunity to secure other coverage. The City’s three additional excess carriers followed Allied’s lead and also agreed to provide the City a 30-day extension of the existing policies through July 31, 2020. At the time, The City purchased insurance policies through Aon who served as the City’s broker of record for six years.

Aon was responsible for marketing and negotiating quotes with numerous insurance carriers in an effort to secure the best coverage at the best price.

Aon solicited quotes from 28 carriers to obtain excess liability insurance coverage for the City. The insurance market faced obstacles most importantly capacity restrictions, meaning there were fewer firms writing policies for public agencies. Those firms that were writing policies, did so for less coverage. Perceived jury verdicts and the uncertainty of COVID-19 significantly influenced the insurance market at the time.

All the excess general liability insurance carriers Aon approached declined to provide a quote to the City. Reasons noted included the City’s history of losses, financial stability, and the climate of California tort claims perceived jury verdicts. In addition to market conditions, loss data was also an influential factor in the City’s ability to secure coverage in FY 20/21. The City‘s loss run report was challenged, as settlements that were part of the bankruptcy (BK) plan of adjustment reflected a lower dollar value than what they would have settled outside of the bankruptcy proceedings. This made it difficult for insurance carriers to accurately measure risk exposure, and position themselves to extend an offer of coverage and establish insurance premiums. As a result, Aon was unable to secure a viable option for the City. To augment Aon’s efforts with quote solicitation and to explore coverage options for the City, staff approached other markets and carriers to secure coverage.

Finally, the City partnered with Alliant Insurance Services, Inc. (Alliant) to obtain coverage through their pooled insurance carrier PRISM, formerly CSAC-EIA. Alliant is one of the nation’s leading distributors of diversified insurance products and services.

Operating through a national network of offices, Alliant offers a comprehensive portfolio of services. The knowledge Alliant has gained in its more than eight decades of working with many of the top insurance companies in the world allows them to provide its clients guidance and high-quality performance.

PRISM expressed concern over the reliability of our loss data for the time period of 2012-2017, indicating that larger claims would have settled for a much higher amount, if not for the bankruptcy proceedings and the plan of adjustment. In short, PRISM requested an audit of 27 claims to analyze the loss data to determine the risk exposure they would assume by extending excess general liability coverage to the City. This would allow them to quote a premium based on the audited data. Below is a summary of the audit findings. After reviewing the audited files, PRISM was able to offer a premium quote.

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Discussion
Insurance Market Update
The general liability market for 2025 will continue to be extremely challenging. There is reduced carrier capacity, heightened underwriter scrutiny, a push for aggregated limits and higher attachment points, and increased rates. There are many factors contributing to these hard market conditions, but it essentially comes to the increase in the number and size of extremely large losses over the last decade.

Starting around 2013-2014, large liability claims activity increased significantly.

Extremely large “nuclear” verdicts and the resulting increased settlement values have had devastating impacts on the economics of liability claims. Claims that were previously resolved in the $5M-$10M range rose to $20M-$30M and higher for public entities and their insurers. The rising claims costs caused carriers to increase their reserves for prior year claims to keep up with the adverse development.

Collectively, the members of PRISM’s General Liability Programs have experienced their fair share of large losses, contributing to the challenging conditions described above. In fact, over the last 10 years, PRISM members have experienced an average of 126 claims per year that exceeded their current Self-Insured Retention (SIR). These claims collectively exceeded the collective SIRs by more than $188M, per year.

PRISM and Alliant have developed long-term relationships with excess insurance and reinsurance underwriters. They work throughout the year to not only maintain their participation in the Program in a very difficult claims environment, but also to analyze structural changes and other strategies to make the overall cost as efficient as possible.

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While PRISM’s premiums will increase for 2025/26, the premiums are still less costly than an entity would likely be faced with outside of PRISM. A testament to the continued competitiveness of the Program. In addition to premium savings, members enjoy broader coverage and avoid coverage restrictions and limitations that are often quoted outside of PRISM.

Excess Workers’ Compensation Program
The City purchases excess workers' compensation insurance to cover employees if they are injured on the job. Coverage includes reimbursement for payments above the City’s self-insured retention (SIR). This includes compensation for temporary disability benefits at statutory rates, medical benefits, and some allocated expenses.

The City’s current excess workers’ compensation coverage cost is $652,569 and has a $1 million self-insured retention (SIR) with a limit remaining at statutory coverage.

Statutory coverage provides payment for claims up to the amount required by law, without limits. The FY 2025/26 premium is increasing by 28% ($910,293).

Excess General Liability Program
The City purchases excess general liability insurance to protect against catastrophic incidents such as: bodily injury, property damage, personal injury, public officials’ errors and omissions liability, automobile liability and employment practices liability.

The City’s current excess general liability insurance coverage cost is $2,049,093 and has a $5 million self-insured retention (“SIR”) with a limit of $25 million. The FY 2025/26 premium is increasing by approximately 14% ($2,392,094) while Program premium projections assume increases of up to 30%.

Master Crime Program
The City purchases master crime insurance to protect against illegal acts committed by employees while on the job including theft, forgery, inside premises (theft of money and securities/robbery), computer fraud, money orders and counterfeit paper currency, and outside premises.

The City’s current master crime coverage cost is $13,709 and has a $2,500 self- insured retention (“SIR”) with a limit of $15 million. The FY 2025/26 premium is decreasing by 4% ($13,190) while Program premium projections assume increases of up to 35%.

Cyber Liability Program
The City purchases cyber liability insurance for reimbursement coverage in response to information security and privacy liability, website media content liability, cyber extortion and first party data protection.

The City’s current policy cost is $20,995 and has a $100,000 SIR with a limit of $12 million. The FY 2025/26 premium is increasing by 3% ($21,512) while Program premium projections assume increases of up to 85%.

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The following chart summarizes the City’s current actual cost for insurance coverage, assuming no changes to coverage, deductibles and or retention.

Insurance Type FY 2024/25
Premium
FY 2025/26
Premium
Percentage
Change
Excess Workers’
Compensation
$652,569 $910,293 28%
Excess General
Liability
$2,049,093 $2,392,094 14%
Master Crime $13,709 $13,190 - 4%
Cyber Liability $20,995 $21,512 3%
2021-2025 Strategic Targets and Goals
Approving the renewal of the City’s various insurance policies aligns with Strategic Target No. 1: Improved Operational and Financial Capacity, specifically, Goal e:
minimize risk and litigation exposure by maintaining sufficient coverage to provide protection to the City.

Fiscal Impact
The financial impact to the City would not exceed $3,337,089. There is sufficient funding included in the FY 2025/26 Operating Budget.

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

1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and

2. Authorize the City Manager or designee to execute all related documentation.

Attachments
Attachment 1 - Insurance Renewal PowerPoint
Ward:

All Wards
Synopsis of Previous Council Actions:

June 5, 2024 The Mayor and City Council approved the annual renewal of the City’s Property insurance, excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance.

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June 7, 2023 The Mayor and City Council approved the annual renewal of the City’s Property insurance, excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance.

June 15, 2022 The Mayor and City Council approved the annual renewal of the City’s excess workers’ compensation, excess general liability insurance, crime insurance and cyber insurance policies.

June 2, 2021 The Mayor and City Council Adopted Resolution 2021-125 approving the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance.

July 17, 2020 Mayor and City Council:

1. Adopted Resolution No. 2020-176, approving the annual renewal of the City’s various insurance policies negotiated through Alliant for the term beginning August 1, 2020 and ending July 31, 2021 for: (1) a pro-rated premium not to exceed $820,190 for property insurance for the term beginning August 1, 2020 and ending March 31, 2021; (2) for a premium not to exceed $6,350 for cyber liability insurance for the term beginning August 1, 2020 and ending July 1, 2021; and (3) for a premium not to exceed $3,500,000 for excess liability insurance; AND authorized an amendment to the FY 2020-21 Adopted Budget in the amount of $2,113,229 to be appropriated into the Liability Insurance Fund, Account Number 629-110-0056-5161, from the General Fund Reserves and authorize staff to continue exploring options for containing excess general liability insurance costs and to bring back an update in August of the outcome and option selected.

2. Adopted Resolution No. 2020-178, to: Remain a member of CSAC Excess Insurance Authority; Becoming a Member of Public Risk Innovation, Solutions, and Management; and authorized the City Manager to act on the City’s behalf in relation to these entities.

June 17, 2020 Mayor and City Council adopted Resolution No. 2020-131, authorizing the City Manager to purchase both a 30-day extension to the current excess liability policies for the extended term of coverage from July 1, 2020 and excess workers’ compensation insurance through Public Risk Innovation, Solutions, and Management (PRISM) formerly California State Associate of Counties Excess Insurance Authority (CSAC-EIA).

June 19, 2019 Mayor and City Council adopted Resolution 2019-68 authorizing the City Manager enter into California State Association of Counties Excess Insurance Authority (CSAC-EIA) insurance pool for excess workers’ compensation insurances and to purchase stand-alone commercial coverage for excess liability insurance with Aon.

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July 17, 2019 Mayor and City Council adopted Resolution 2019-176 authorizing the City Manager to purchase the City’s property, auto, terrorism, difference in conditions, and cyber security insurance policy term July 31, 2019 to July 31, 2020 for Fiscal Year (FY) 2019-2020.

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2025-2026
Benchmark Review
Presented July 2, 2025
City of
San Bernardino
(STATE OF THE MARKET INFORMATION HAS BEEN CONSOLIDATED FROM VARIOUS INDUSTRY SOURCES)

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2024 Summary of Coverage
Coverage Limits Deductible/SIR Premium
General Liability $25,000,000 $5,000,000 $2,049,093
Excess Workers’ Compensation Statutory $1,000,000 $652,569 Cyber $18,000,000 $100,000 $20,995
Crime $25,000,000 $2,500 $13,709
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2025 Summary of Coverage
Coverage Limits Deductible/SIR Premium
General Liability $25,000,000 $5,000,000 GL 2 Committee 6.18.25 Estimated
$2,392,094
Excess Workers’ Compensation Statutory $1,000,000 $910,293 Cyber $20,000,000 $150,000 $21,512
Crime $25,000,000 $2,500 $13,190
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4 General Liability
Policy Year: July 1, 2025- July 1, 2026
Coverage Provided
• Bodily injury
• Personal injury
• Property damage
• Public Officials Errors and Omissions
• Employment Practices Liability
• Automobile Liability
Excess Limit: $25,000,000
Self Insured Retention: $5,000,000

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5 Source: Risk and Uncertainty Management Center, Univ. of South Carolina, adapted from Verisk “Social Inflation” presentation (2020); Source: Risk & Insurance June 11, 2024
Social Inflation: Many Interrelated Causes, Difficult to Manage Number of reported
verdicts over $100
million hit an all-time
high of at least 23 in 2023
Nuclear verdicts
2023
$23.8 million
Median nuclear verdict
$21.1 million
Median nuclear verdict for personal
injury/wrongful death cases
$88.9 million
Median nuclear verdict for personal
injury/wrongful death cases
Insurance claim costs
Increasing
Propensity to Sue
Size of Jury
Awards
Aggressive
Plaintiff Bar Ads
Litigation
Financing
Growing Distrust
of Large Corps.

Changes in Regulatory
and Legal Environment
Courts/Juries
Favoring Plaintiffs

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City Benchmarking
City Approximate
Population
Current SIR # Claims Over
$1M
Largest Claim
(loss data as of 3.31.25)
Approximate
25/26 Premium
City of San
Bernardino
200,000 $5,000,000 13 $4,001,892 $2,400,000
City A – Northern CA 400,000 $5,000,000 19 $12,177,073 $15,000,000 City B – Southern CA 70,000 $5,000,000 3 $1,253,044 $1,100,000 City C – Southern CA 1,400,000 $5,000,000 44 $16,104,169 $31,700,000 City D – Southern CA 150,000 $5,000,000 6 $8,355,592 $3,500,000 City E – Southern CA 100,000 $5,000,000
(Plus $1M Corridor)
16 $9,390,925 $5,700,000
City F – Northern CA 100,000 $3,000,000 2 $1,375,858 $2,900,000 City G – Southern CA 200,000 $2,000,000 8 $7,220,312 $7,200,000 City H – Northern CA 500,000 $2,000,000
(Plus $2M Corridor)
20 $11,184,238 $13,400,000
City I – Northern CA 100,000 $1,000,000
(Plus $1M Corridor)
5 $7,500,000 $4,400,000
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Contact Your
Alliant Service Team
Robert Lowe
Senior Vice President
[email protected]
Kristen DesCombes
Assistant Vice President
[email protected]

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: July 2, 2025
To: Honorable Mayor and City Council Members
From: Dr. Treasure Ortiz, Council Member, 7th Ward
Department: Council Office
Subject: Discuss partnering with Family Assistance Program and Assembly Member James Ramos to create housing
opportunities at Patton State Hospital for the unsheltered (All Wards) – (Council Member Ortiz)

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: July 2, 2025
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, 1st Ward
Department: Council Office
Subject: Strategic Planning, Goal Setting, and Team Building Session (All Wards) – (Council Member Sanchez)

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Mayor and City CouncilJuly 2, 2025

Mayor and City Council
July 2, 2025