Cities Index.
Agenda packet

Mayor and City Council
July 16, 2025

Document
Agenda packet
Meeting
July 16, 2025
Body
Mayor and City Council
Pages
216
Original file
172.2 MB
Text extracted from the city's file for reading and search. Open the original on sanbernardino.primegov.com. That file is the official record.

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receipt or use of confidential or other information from you or others in the course of this representation will not give rise to any expectation by you that the Firm will render any other advice or services.

If a court action or arbitration is initiated, we will represent you through the trial or arbitration and any post trial or arbitration motions. We will not represent you on appeal or in any execution proceedings unless you and we agree on a further representation in writing.

Insurance. With respect to insurance coverage for any matters covered by the scope of services under this Agreement, you agree that it is your own responsibility, rather than the Firm’s responsibility, to identify potential insurance coverage and to tender legal matters to any appropriate insurance companies that may insure you. If you desire that the Firm become involved in identifying potential insurers and/or the tender of legal disputes, then a separate written agreement between you and the Firm to that effect will be required.

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.

I. 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.

II. Commercial General Liability
A. 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.

B. 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.

C. Commercial General Liability Insurance must include coverage for the following:

1. Bodily Injury and Property Damage

2. Personal Injury/Advertising Injury
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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

10. 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.

11. 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.

12. 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.

III. Automobile Liability
A. 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.

B. 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).

C. The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.

D. 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.

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IV. Workers’ Compensation/Employer’s Liability
A. 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.

B. 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.

V. 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.

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

At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. / / /
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VII. Minimum Policy Limits Required
A. 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 B. Defense costs shall be payable in addition to the limits.

C. 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.

VIII. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

IX. Policy Provisions Required
A. 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 DocuSign Envelope ID: 7C57B9E5-FFBE-4956-ABEA-D53484B42EFF Packet Page 1117

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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.

B. 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.

C. 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 claimsmade policy with a retroactive date subsequent to the effective date of this Agreement.

D. 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.

E. 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.

X. Qualifying Insurers
A. All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

1. Each such policy shall be from a company or companies with a current A.M.

Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place DocuSign Envelope ID: 7C57B9E5-FFBE-4956-ABEA-D53484B42EFF Packet Page 1118

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insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

XI. Additional Insurance Provisions
A. 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.

B. 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.

C. The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.

D. 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.

XII. 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.

Indemnification.

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 negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the DocuSign Envelope ID: 7C57B9E5-FFBE-4956-ABEA-D53484B42EFF Packet Page 1119

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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.

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.

The Firm will not settle, negotiate or compromise the Matter without your consent.

Assignment of Firm Personnel. I will be primarily responsible for the supervision of the Matter, but you are engaging the Firm, not me individually. As we discussed, I expect that my associate Angelo E. Mishriki, Esq. and a paralegal will be assisting me with the Matter. As and when necessary, I will draw upon the talent and expertise of other attorneys and paralegals along with legal assistants to handle this Matter.

Communication by Firm. The Firm will keep you regularly and currently informed of the status of the Matter and will consult with you when appropriate. Copies of significant correspondence and documents will be sent to the person designated by you from time to time for that purpose. In the event that you need to reach the Firm and the person sought is unavailable, please leave a message for the person concerned, disclosing the nature and urgency of the call. It is the Firm’s policy that all calls will be returned promptly and in any event no later than within one business day of receipt of the call. If you have not received a return call within that time, please call again.

Client Cooperation. You understand and agree that, in order for the Firm to represent you effectively, it is necessary for you to assist and cooperate with the Firm during this engagement.

You agree to (1) make yourselves (including employees, if applicable) available to discuss issues as they arise in this matter; (2) attend and participate in meetings, preparation sessions and court proceedings, review drafts of documents, and perform other activities in connection with the representation; and (3) provide complete and accurate information and documents to us on a timely basis. Your non-cooperation will be grounds for the Firm’s withdrawal from representing you. It is essential that you and the Firm maintain open communications.

Protection of Client Confidences – High Tech Communication Devices. The Firm stays constantly aware of its important obligation to preserve the secrets and confidences of its clients, which it holds in precious trust for them. To that end it is important that you and the Firm agree DocuSign Envelope ID: 7C57B9E5-FFBE-4956-ABEA-D53484B42EFF Packet Page 1120

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from the outset what kinds of communications technology the Firm should employ in the course of this engagement. For instance, the exchange of documents and other information using email or other types of electronic communications involves some risk that information will be retrieved by third parties with no right to see it. Even the use of facsimile machines can cause problems if documents are sent to numbers where the documents sit in open view.

Therefore, you should only provide the Firm with cellular numbers, facsimile numbers and email addresses which are acceptable to you for receiving confidential communications from the Firm.

If you have any mailing addresses, cellular numbers, facsimile numbers, and email addresses that the Firm should not use for confidential communications, please advise us of these in writing. You agree that the Firm may use any of your cellular numbers, facsimile numbers and email addresses other than those which you specify in writing that the Firm should not use. You can use the Technology Questionnaire form at the end of this letter for this purpose.

During the course of our representation of you, it may be necessary to wire transfer funds to the Firm. We will always provide the Firm’s banking information in an encrypted email. Do not rely upon any future purported email from the Firm that changes the wire transfer information without confirming that change through a telephone call directly with a Firm attorney.

Fees and Expenses. The Firm’s fees are generally based on the actual time spent on the Matter by the Firm’s attorneys, paralegals and legal assistants. Each has an hourly rate at which his or her time is charged. That rate is set by the Firm, taking into consideration the individual’s professional expertise and other relevant factors. Generally, these rates are revised in November of each year. The current hourly rates are $250 to $910 per hour for the Firm’s attorneys and $225 to $265 for the Firm’s paralegals. Susana P. Solano’s 2023 hourly fee is $350.00 per hour and Angelo Mishriki’s 2023 hourly fee is $335.00. Attorney’s time will be recorded in hours and tenths of hours (six minute units) with a minimum entry of two tenths of an hour. Rates for legal assistants and others who perform services for you will be reflected on the invoices issued to you.

It is contemplated that the Firm will, and the Firm reserves the right to, adjust its hourly rates upward in the future.

The amount of the fees based on the actual time spent is not necessarily the amount that will be billed to you, but may be adjusted based on the nature of the work performed or the results achieved. Each month before bills are issued, a review is performed to assess the nature and quality of the services performed for you. In cases where there is a significant disparity between the value of the services rendered or results achieved and the fees based on the time spent, the fees may be adjusted, as appropriate under the circumstances, to reflect that value.

In no event shall the total amount paid for services rendered by the Firm under this Agreement exceed the sum of one-hundred thousand dollars ($100,000.00) without first obtaining authorization from the Client.

In addition to our fees, Client will also be responsible for paying a 9% administrative charge calculated and based on fees billed to cover costs and expenses incurred in our handling of the matter such as photocopies, local travel charges and parking, fax charges, telephone charges and DocuSign Envelope ID: 7C57B9E5-FFBE-4956-ABEA-D53484B42EFF Packet Page 1121

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other similar charges. In addition to the administrative charge Client will be responsible for reimbursing Firm for other out-of-pocket charges such as court and filing fees, deposition charges, messenger fees, witness fees, investigator fees and similar charges.

The Firm will not be obligated to advance costs on your behalf. However, for the purposes of convenience and in order to expedite matters, the Firm reserves the right to advance costs on your behalf with your prior approval in the event a particular cost item exceeds $2,000.00 in amount and without your prior approval in the event a particular cost item totals $2,000.00 or less.

The Firm will prepare a monthly statement containing a detailed description of the services performed and the costs advanced by the Firm during each month and will mail such statement to you on or about the 15th of the following month. Payment of the full amount due, as reflected on the monthly statement, will be due from you to the Firm by the end of that following month, unless other arrangements are made. In the event where you have funds deposited in the Firm’s Client Trust Account at the time a monthly billing statement is prepared, funds will be transferred from the Firm’s Client Trust Account to the Firm’s General Account to the extent of the balance due on the monthly statement and a credit for such payment will be reflected on the monthly statement.

Any balance of fees or costs advanced remaining unpaid after the due date will be subject to a 1% per month service charge.

Client agrees to review the Firm’s monthly statements promptly upon receipt and to notify the Firm, in writing, with respect to any disagreement with the monthly statement. Failure to communicate written disagreement with the Firm’s monthly statement within sixty (60) days of Client’s receipt thereof shall be deemed to signify Client’s agreement that the monthly billing statement accurately reflects: (i) the legal services performed; and (ii) the proper charge for those legal services.

Initial Deposit to be Applied to Fees and Costs Incurred. When the Firm accepts new clients or material for new matters from existing clients, our policy is to request a deposit against the fees and costs expected to be incurred in the first couple months after the Firm is engaged. This is a refundable deposit; any amount not owed for fees and costs incurred will be refunded upon request.

No fee deposit is due at this time but the Firm reserves the right to request a refundable deposit at appropriate intervals during the Firm’s representation of you. Additional deposits will be placed in the Firm’s Client Trust Account. You hereby authorize the Firm to withdraw funds held in the Client Trust Account from time to time as fees and costs are incurred.

Conflicts with Other Clients. The Firm has a number of attorneys. The Firm may currently or in the future represent one or more other clients in matters involving Client. The Firm undertakes this engagement on the condition that the Firm may represent another client in a matter in which the Firm does not represent Client, even if the interests of the other client are adverse to those of Client (including appearance on behalf of another client adverse to Client in litigation or arbitration), provided the other matter is not substantially related to the Firm’s representation of Client and in the course of representing Client attorneys of the Firm have not obtained confidential information of Client material to the representation of the other client (“Permitted Adverse Representation”). Client’s consent to this arrangement is required because of its possible adverse DocuSign Envelope ID: 7C57B9E5-FFBE-4956-ABEA-D53484B42EFF Packet Page 1122

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effects on performance of the Firm’s duties as attorneys to remain loyal and available to those other clients and to render legal services with vigor and competence. Also, if an attorney does not continue an engagement or must withdraw therefrom, the client may incur delay, prejudice or additional cost such as acquainting new counsel for the matter. Client agrees not to seek to disqualify the Firm from representing such other client in any Permitted Adverse Representation.

Termination of Representation. You may terminate this representation at any time, subject to the payment of any fees and costs incurred prior to such termination. The Firm may withdraw from this representation for good cause, on reasonable notice, without your consent. Good cause includes but is not limited to: (1) your failure to cooperate with us as provided above; (2) your failure to pay any bill when due or to replenish the deposit when requested as provided above; or (3) any fact or circumstance that would render our continuing representation unlawful or unethical.

Any termination of our representation of you would be subject to such approval as may be required from any court in which the Firm is appearing on your behalf.

Binding Agreement. This letter represents the entire agreement between you and the Firm with respect to this Matter and any other matter which we agree to perform on your request unless such matter is covered by a separate written agreement between you and us. By signing below, you acknowledge that you have carefully reviewed and understand the content of this letter and agree to be bound by all of its terms and conditions. Furthermore, you acknowledge that the Firm has made no representations or guarantees to you regarding the outcome, or the time necessary to resolve, the Matter. No change or waiver of any of the provisions of this letter will be binding on either you or the Firm unless the change is in writing and signed by both you and the Firm.

Document Retention Policy. The Firm will retain its files on each matter handled for you for five (5) years after the Matter is closed. The Firm will then destroy those files unless you have previously asked the Firm in writing to deliver those files to you. However, the Firm will not destroy the following types of files without giving thirty days’ written notice to you: (1) estate and succession planning files and (2) corporate, limited liability company or partnership organization and records files.

Consent to Firm Communication. As a part of the Firm's commitment to client service, we will send you periodic alerts on case developments and legislative changes. In addition, we will send you notice on Breakfast Briefings, Conferences, and other training opportunities designed to help you with your daily legal concerns. The Firm will send these and other additional service notices to you via regular mail and/or electronic mail at the e-mail address which you designate on the Technology Questionnaire, contract, or use in your daily communications with us. We believe that these e-mail notices are a quick and convenient way for us to keep you apprised of legal changes which affect your business.

Termination of Attorney-Client Relationship. The attorney-client relationship between you and the Firm will cease at the conclusion of the Matter. There are instances when the Firm has been engaged to provide ongoing general business, tax and estate planning advice to clients. If the Firm is not asked by the Client to provide advice for a period of one (1) year from the last date the Firm provided such ongoing advice, both you and the Firm agree that the attorney-client relationship is DocuSign Envelope ID: 7C57B9E5-FFBE-4956-ABEA-D53484B42EFF Packet Page 1123

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terminated on the last date the Firm provided advice, without further action or notice by either party. All other terms and conditions of this letter will remain in full force and effect, including the obligation to pay all unpaid fees and costs and the obligation to arbitrate any disputes as provided below. If you request additional legal services and the Firm agrees to perform those services after such termination, the terms and conditions of this letter will apply with respect to such services unless you and the Firm enter into a new written engagement agreement with respect to such services.

Attorneys’ Lien. Client grants the Firm a lien for all amounts owed to the Firm on any sum or sums recovered (whether by litigation, arbitration, settlement or otherwise) in connection with our representation of Client. The Firm is authorized by Client to use this lien to satisfy any obligation owed to the Firm by Client under this letter agreement. The lien will attach to any recovery Client may obtain, whether by arbitration, award, judgment, settlement or otherwise. The effect of such a lien is that the Firm may be able to compel payment of fees and costs from any such funds even if the Firm’s representation of Client has been terminated before the conclusion of the Matter.

Because the lien may affect Client’s property rights, it may be desirable for Client to seek the advice of an independent attorney before agreeing to such a lien. Irrespective of whether or not Client seeks such independent advice, the lien will be effective upon Client’s signing of this letter agreement.

Binding Arbitration. If any dispute arises out of, or related to, a claimed breach of this agreement, the professional services rendered by attorneys, or any other disagreement of any nature, type, or description, regardless of the facts or the legal theories which may be involved, including attorney malpractice, breach of fiduciary duty, misrepresentation, or conflict of interest, such dispute shall be resolved by confidential and binding arbitration upon the written request of one party after service of that request on the other party.

There are significant advantages and disadvantages of binding arbitration. The parties shall agree on an arbitrator with special skills and experience to hear and determine the dispute unlike in a court proceeding where a judge is assigned. If the parties cannot agree, then the Superior Court of Los Angeles County shall choose an impartial arbitrator whose decision shall be final and conclusive on all matters.

The parties shall each have the right of discovery in accordance with Code of Civil Procedure Section 1283. Arbitrations conducted pursuant to this agreement permit the same discovery rights as in a court proceeding. Each party shall bear their own costs and attorney fees, including payments to the arbitrator which can be significantly more costly than the filing fee in Court proceedings where costs may be awarded to the prevailing party. Each party to this agreement waives and therefore gives up important constitutional rights in arbitration as the arbitrator’s decision is final. There is no right to appeal to challenge any errors made in the arbitration proceeding. Unlike court proceedings, arbitration proceedings are conducted privately and the outcome will remain confidential. There is no right to a trial by a judge or jury of one’s peers.

There is no limitation on the type of monetary damage that can be awarded by the arbitrator. The DocuSign Envelope ID: 7C57B9E5-FFBE-4956-ABEA-D53484B42EFF Packet Page 1124

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client is advised that the client has the right to have an independent lawyer of client’s choice review this arbitration provision.

If the above accurately reflects our mutual agreement, please confirm that by signing and returning a copy of this letter to me. Please do not hesitate to call me to discuss any questions you may have regarding this agreement. In addition, you have the right to consult other counsel to resolve your concerns. In conformance with the Firm’s policy, we cannot commence work upon this engagement until we have received a copy of this letter countersigned by you.

Thank you for giving us the opportunity to assist you with your legal matters. We look forward to working with you on this Matter.

Sincerely,

ATKINSON, ANDELSON, LOYA, RUUD & ROMO
Susana P. Solano
SPS:map

ACCEPTANCE AND CONSENT BY CLIENT
The undersigned is the Client or an authorized officer or agent of Client and has reviewed and hereby agrees and consents to the above terms and conditions of Client’s engagement of the Firm. / / /
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

CITY OF SAN BERNARDINO AND ATKINSON, ANDERSON, LOYA, RUUD & ROMO IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT/LAW FIRM
__
Susana P. Solano,
Partner, Atkinson Andelson, Loya Ruud &
Romo
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ATKI N S O N , AN D EL S O N , LO Y A , RUUD & RO M O

C E R R I T O S
(562) 653-3200

F R E S N O
(559) 225-6700

I R V I N E
(949) 453-4260

M A R I N
(628) 234-6200

A P R O F E S S I O N A L L A W C O R P O R A T I O N

AT T O R NEY S AT L AW
2151 RI V E R PL A Z A DR I V E , SU I T E 300
SACRAMENTO, CALIFORNIA 95833-4130
(916) 923-1200
FAX (916) 923-1222
WWW.AALRR.COM

P A S A D E N A
(626) 583-8600

P L E A S A N T O N
(925) 227-9200

R I V E R S I D E
(951) 683-1122

S A N D I E G O
(858) 485-9526
42396573.2
[email protected]
(916) 920-6954
October 5, 2023

VIA EMAIL
[email protected];[email protected]

CONFIDENTIAL, SUBJECT TO ATTORNEY-CLIENT PRIVILEGE
Genevieve Valdez
Oscar Avila
City of San Bernardino
290 North D Street
San Bernardino, California 92401
Re: Representation re Christina Nedrebo v City of San Bernardino, et al.

Dear Ms. Valdez and Mr. Avila,
We have received the City’s request for representation in the above-referenced matter. The purpose of this letter is to confirm the terms and conditions of the representation of THE CITY OF SAN BERNARDINO (the “Client” or “you”) by Atkinson, Andelson, Loya, Ruud & Romo (the “Firm,” “we,” or “us”) in connection with Christina Nedrebo v. City of San Bernardino, et al. (the “Matter”). These same terms and conditions will apply to any other matter that the Firm agrees to handle for you at your request unless you and the Firm enter into a separate written agreement regarding such other matter.

These terms and conditions will not take effect, and we will have no obligation to provide legal services until you return a signed copy of this representation agreement and pay the initial deposit, if any, called for in this agreement.

Scope of the Firm’s Representation. You have engaged the Firm to represent you in connection with the Matter and the Firm has agreed to defend only the City of San Bernardino in connection with this Matter.

Our services will not extend to any of your other legal affairs or other aspects of your activities unless you and the Firm agree to such representation. You understand and agree that the Firm’s receipt or use of confidential or other information from you or others in the course of this representation will not give rise to any expectation by you that the Firm will render any other advice or services.

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If a court action or arbitration is initiated, we will represent you through the trial or arbitration and any post trial or arbitration motions. We will not represent you on appeal or in any execution proceedings unless you and we agree on a further representation in writing.

Insurance. With respect to insurance coverage for any matters covered by the scope of services under this Agreement, you agree that it is your own responsibility, rather than the Firm’s responsibility, to identify potential insurance coverage and to tender legal matters to any appropriate insurance companies that may insure you. If you desire that the Firm become involved in identifying potential insurers and/or the tender of legal disputes, then a separate written agreement between you and the Firm to that effect will be required.

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.
• 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.
• Commercial General Liability
• 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. • 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.
• Commercial General Liability Insurance must include coverage for the following:
• Bodily Injury and Property Damage
• Personal Injury/Advertising Injury
• Premises/Operations Liability
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• Products/Completed Operations Liability
• Aggregate Limits that Apply per Project
• Explosion, Collapse and Underground (UCX) exclusion deleted • Contractual Liability with respect to this Contract
• Broad Form Property Damage
• Independent Consultants Coverage
• 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.
• 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. • 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. • Automobile Liability
• 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.
• 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).
• The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. • 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.

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• Workers’ Compensation/Employer’s Liability
• 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.
• 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.
• 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. • Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

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

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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 • Defense costs shall be payable in addition to the limits. • 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. • Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. • Policy Provisions Required
• Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.

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• 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, selfinsurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
• 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.
• 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.
• 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.
• Qualifying Insurers
• All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
• Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. • Additional Insurance Provisions
• 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 DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page 1132

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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.
• 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.
• The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
• 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. • 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.

Indemnification.

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 negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page 1133

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volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.

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.

The Firm will not settle, negotiate or compromise the Matter without your consent.

Assignment of Firm Personnel. I will be primarily responsible for the supervision of the Matter, but you are engaging the Firm, not me individually. As we discussed, I expect that my associate Angelo E. Mishriki, Esq. and a paralegal will be assisting me with the Matter. As and when necessary, I will draw upon the talent and expertise of other attorneys and paralegals along with legal assistants to handle this Matter.

Communication by Firm. The Firm will keep you regularly and currently informed of the status of the Matter and will consult with you when appropriate. Copies of significant correspondence and documents will be sent to the person designated by you from time to time for that purpose. In the event that you need to reach the Firm and the person sought is unavailable, please leave a message for the person concerned, disclosing the nature and urgency of the call. It is the Firm’s policy that all calls will be returned promptly and in any event no later than within one business day of receipt of the call. If you have not received a return call within that time, please call again.

Client Cooperation. You understand and agree that, in order for the Firm to represent you effectively, it is necessary for you to assist and cooperate with the Firm during this engagement.

You agree to (1) make yourselves (including employees, if applicable) available to discuss issues as they arise in this matter; (2) attend and participate in meetings, preparation sessions and court proceedings, review drafts of documents, and perform other activities in connection with the representation; and (3) provide complete and accurate information and documents to us on a timely basis. Your non-cooperation will be grounds for the Firm’s withdrawal from representing you. It is essential that you and the Firm maintain open communications.

Protection of Client Confidences – High Tech Communication Devices. The Firm stays constantly aware of its important obligation to preserve the secrets and confidences of its clients, which it holds in precious trust for them. To that end it is important that you and the Firm agree from the outset what kinds of communications technology the Firm should employ in the course of this engagement. For instance, the exchange of documents and other information using email or other types of electronic communications involves some risk that information will be retrieved DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page 1134

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by third parties with no right to see it. Even the use of facsimile machines can cause problems if documents are sent to numbers where the documents sit in open view.

Therefore, you should only provide the Firm with cellular numbers, facsimile numbers and email addresses which are acceptable to you for receiving confidential communications from the Firm.

If you have any mailing addresses, cellular numbers, facsimile numbers, and email addresses that the Firm should not use for confidential communications, please advise us of these in writing. You agree that the Firm may use any of your cellular numbers, facsimile numbers and email addresses other than those which you specify in writing that the Firm should not use. You can use the Technology Questionnaire form at the end of this letter for this purpose.

During the course of our representation of you, it may be necessary to wire transfer funds to the Firm. We will always provide the Firm’s banking information in an encrypted email. Do not rely upon any future purported email from the Firm that changes the wire transfer information without confirming that change through a telephone call directly with a Firm attorney.

Fees and Expenses. The Firm’s fees are generally based on the actual time spent on the Matter by the Firm’s attorneys, paralegals and legal assistants. Each has an hourly rate at which his or her time is charged. That rate is set by the Firm, taking into consideration the individual’s professional expertise and other relevant factors. Generally, these rates are revised in November of each year. The current hourly rates are $250 to $910 per hour for the Firm’s attorneys and $225 to $265 for the Firm’s paralegals. Susana P. Solano’s 2023 hourly fee is $350.00 per hour and Angelo Mishriki’s 2023 hourly fee is $335.00. Attorney’s time will be recorded in hours and tenths of hours (six minute units) with a minimum entry of two tenths of an hour. Rates for legal assistants and others who perform services for you will be reflected on the invoices issued to you.

It is contemplated that the Firm will, and the Firm reserves the right to, adjust its hourly rates upward in the future.

The amount of the fees based on the actual time spent is not necessarily the amount that will be billed to you, but may be adjusted based on the nature of the work performed or the results achieved. Each month before bills are issued, a review is performed to assess the nature and quality of the services performed for you. In cases where there is a significant disparity between the value of the services rendered or results achieved and the fees based on the time spent, the fees may be adjusted, as appropriate under the circumstances, to reflect that value.

In no event shall the total amount paid for services rendered by the Firm under this Agreement exceed the sum of one-hundred thousand dollars ($100,000.00) without first obtaining authorization from the Client.

In addition to our fees, Client will also be responsible for paying a 9% administrative charge calculated and based on fees billed to cover costs and expenses incurred in our handling of the matter such as photocopies, local travel charges and parking, fax charges, telephone charges and other similar charges. In addition to the administrative charge Client will be responsible for DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page 1135

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reimbursing Firm for other out-of-pocket charges such as court and filing fees, deposition charges, messenger fees, witness fees, investigator fees and similar charges.

The Firm will not be obligated to advance costs on your behalf. However, for the purposes of convenience and in order to expedite matters, the Firm reserves the right to advance costs on your behalf with your prior approval in the event a particular cost item exceeds $2,000.00 in amount and without your prior approval in the event a particular cost item totals $2,000.00 or less.

The Firm will prepare a monthly statement containing a detailed description of the services performed and the costs advanced by the Firm during each month and will mail such statement to you on or about the 15th of the following month. Payment of the full amount due, as reflected on the monthly statement, will be due from you to the Firm by the end of that following month, unless other arrangements are made. In the event where you have funds deposited in the Firm’s Client Trust Account at the time a monthly billing statement is prepared, funds will be transferred from the Firm’s Client Trust Account to the Firm’s General Account to the extent of the balance due on the monthly statement and a credit for such payment will be reflected on the monthly statement.

Any balance of fees or costs advanced remaining unpaid after the due date will be subject to a 1% per month service charge.

Client agrees to review the Firm’s monthly statements promptly upon receipt and to notify the Firm, in writing, with respect to any disagreement with the monthly statement. Failure to communicate written disagreement with the Firm’s monthly statement within sixty (60) days of Client’s receipt thereof shall be deemed to signify Client’s agreement that the monthly billing statement accurately reflects: (i) the legal services performed; and (ii) the proper charge for those legal services.

Initial Deposit to be Applied to Fees and Costs Incurred. When the Firm accepts new clients or material for new matters from existing clients, our policy is to request a deposit against the fees and costs expected to be incurred in the first couple months after the Firm is engaged. This is a refundable deposit; any amount not owed for fees and costs incurred will be refunded upon request.

No fee deposit is due at this time but the Firm reserves the right to request a refundable deposit at appropriate intervals during the Firm’s representation of you. Additional deposits will be placed in the Firm’s Client Trust Account. You hereby authorize the Firm to withdraw funds held in the Client Trust Account from time to time as fees and costs are incurred.

Conflicts with Other Clients. The Firm has a number of attorneys. The Firm may currently or in the future represent one or more other clients in matters involving Client. The Firm undertakes this engagement on the condition that the Firm may represent another client in a matter in which the Firm does not represent Client, even if the interests of the other client are adverse to those of Client (including appearance on behalf of another client adverse to Client in litigation or arbitration), provided the other matter is not substantially related to the Firm’s representation of Client and in the course of representing Client attorneys of the Firm have not obtained confidential information of Client material to the representation of the other client (“Permitted Adverse DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page 1136

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Representation”). Client’s consent to this arrangement is required because of its possible adverse effects on performance of the Firm’s duties as attorneys to remain loyal and available to those other clients and to render legal services with vigor and competence. Also, if an attorney does not continue an engagement or must withdraw therefrom, the client may incur delay, prejudice or additional cost such as acquainting new counsel for the matter. Client agrees not to seek to disqualify the Firm from representing such other client in any Permitted Adverse Representation.

Termination of Representation. You may terminate this representation at any time, subject to the payment of any fees and costs incurred prior to such termination. The Firm may withdraw from this representation for good cause, on reasonable notice, without your consent. Good cause includes but is not limited to: (1) your failure to cooperate with us as provided above; (2) your failure to pay any bill when due or to replenish the deposit when requested as provided above; or (3) any fact or circumstance that would render our continuing representation unlawful or unethical.

Any termination of our representation of you would be subject to such approval as may be required from any court in which the Firm is appearing on your behalf.

Binding Agreement. This letter represents the entire agreement between you and the Firm with respect to this Matter and any other matter which we agree to perform on your request unless such matter is covered by a separate written agreement between you and us. By signing below, you acknowledge that you have carefully reviewed and understand the content of this letter and agree to be bound by all of its terms and conditions. Furthermore, you acknowledge that the Firm has made no representations or guarantees to you regarding the outcome, or the time necessary to resolve, the Matter. No change or waiver of any of the provisions of this letter will be binding on either you or the Firm unless the change is in writing and signed by both you and the Firm.

Document Retention Policy. The Firm will retain its files on each matter handled for you for five (5) years after the Matter is closed. The Firm will then destroy those files unless you have previously asked the Firm in writing to deliver those files to you. However, the Firm will not destroy the following types of files without giving thirty days’ written notice to you: (1) estate and succession planning files and (2) corporate, limited liability company or partnership organization and records files.

Consent to Firm Communication. As a part of the Firm's commitment to client service, we will send you periodic alerts on case developments and legislative changes. In addition, we will send you notice on Breakfast Briefings, Conferences, and other training opportunities designed to help you with your daily legal concerns. The Firm will send these and other additional service notices to you via regular mail and/or electronic mail at the e-mail address which you designate on the Technology Questionnaire, contract, or use in your daily communications with us. We believe that these e-mail notices are a quick and convenient way for us to keep you apprised of legal changes which affect your business.

Termination of Attorney-Client Relationship. The attorney-client relationship between you and the Firm will cease at the conclusion of the Matter. There are instances when the Firm has been DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page 1137

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engaged to provide ongoing general business, tax and estate planning advice to clients. If the Firm is not asked by the Client to provide advice for a period of one (1) year from the last date the Firm provided such ongoing advice, both you and the Firm agree that the attorney-client relationship is terminated on the last date the Firm provided advice, without further action or notice by either party. All other terms and conditions of this letter will remain in full force and effect, including the obligation to pay all unpaid fees and costs and the obligation to arbitrate any disputes as provided below. If you request additional legal services and the Firm agrees to perform those services after such termination, the terms and conditions of this letter will apply with respect to such services unless you and the Firm enter into a new written engagement agreement with respect to such services.

Attorneys’ Lien. Client grants the Firm a lien for all amounts owed to the Firm on any sum or sums recovered (whether by litigation, arbitration, settlement or otherwise) in connection with our representation of Client. The Firm is authorized by Client to use this lien to satisfy any obligation owed to the Firm by Client under this letter agreement. The lien will attach to any recovery Client may obtain, whether by arbitration, award, judgment, settlement or otherwise. The effect of such a lien is that the Firm may be able to compel payment of fees and costs from any such funds even if the Firm’s representation of Client has been terminated before the conclusion of the Matter.

Because the lien may affect Client’s property rights, it may be desirable for Client to seek the advice of an independent attorney before agreeing to such a lien. Irrespective of whether or not Client seeks such independent advice, the lien will be effective upon Client’s signing of this letter agreement.

Binding Arbitration. If any dispute arises out of, or related to, a claimed breach of this agreement, the professional services rendered by attorneys, or any other disagreement of any nature, type, or description, regardless of the facts or the legal theories which may be involved, including attorney malpractice, breach of fiduciary duty, misrepresentation, or conflict of interest, such dispute shall be resolved by confidential and binding arbitration upon the written request of one party after service of that request on the other party.

There are significant advantages and disadvantages of binding arbitration. The parties shall agree on an arbitrator with special skills and experience to hear and determine the dispute unlike in a court proceeding where a judge is assigned. If the parties cannot agree, then the Superior Court of Los Angeles County shall choose an impartial arbitrator whose decision shall be final and conclusive on all matters.

The parties shall each have the right of discovery in accordance with Code of Civil Procedure Section 1283. Arbitrations conducted pursuant to this agreement permit the same discovery rights as in a court proceeding. Each party shall bear their own costs and attorney fees, including payments to the arbitrator which can be significantly more costly than the filing fee in Court proceedings where costs may be awarded to the prevailing party. Each party to this agreement waives and therefore gives up important constitutional rights in arbitration as the arbitrator’s decision is final. There is no right to appeal to challenge any errors made in the arbitration DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page 1138

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proceeding. Unlike court proceedings, arbitration proceedings are conducted privately and the outcome will remain confidential. There is no right to a trial by a judge or jury of one’s peers.

There is no limitation on the type of monetary damage that can be awarded by the arbitrator. The client is advised that the client has the right to have an independent lawyer of client’s choice review this arbitration provision.

If the above accurately reflects our mutual agreement, please confirm that by signing and returning a copy of this letter to me. Please do not hesitate to call me to discuss any questions you may have regarding this agreement. In addition, you have the right to consult other counsel to resolve your concerns. In conformance with the Firm’s policy, we cannot commence work upon this engagement until we have received a copy of this letter countersigned by you.

Thank you for giving us the opportunity to assist you with your legal matters. We look forward to working with you on this Matter.

Very truly yours,

ATKINSON, ANDELSON, LOYA, RUUD & ROMO
Susana P. Solano
SPS:map

ACCEPTANCE AND CONSENT BY CLIENT
The undersigned is the Client or an authorized officer or agent of Client and has reviewed and hereby agrees and consents to the above terms and conditions of Client’s engagement of the Firm. / / /
/ / /
/ / /
/ / /
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A T K I N S O N , A N D E L SO N , L O Y A , RUUD & RO M O City of San Bernardino
October 5, 2023

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42396573.2

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

CITY OF SAN BERNARDINO AND ATKINSON, ANDERSON, LOYA, RUUD & ROMO IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT/LAW FIRM
__
Susana P. Solano,
Partner, Atkinson Andelson, Loya Ruud &
Romo
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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND BRACY HAWKINS LAW, P.C.

This Agreement is made and entered into as of October 16th, 2023 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 Bracy Hawkins Law, P.C., a California Professional Corporation with its principal place of business at 468 W 5th Street Suite 104, San Bernardino, CA 92401 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project: legal representation in all litigation matters including but not limited to claims and summons for the civil complaint Kendria Watson v. City of San Bernardino CIVSB2209220 (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 legal representation relating to the Project.

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services provided in Section 2.

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2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of one-hundred thousand dollars ($100,000). All paralegal rates are set at one hundred and eighty dollars ($180) per hour, all associate rates are set at two hundred and seventy-five dollars ($275) per hour, and all partner rates are set at three hundred dollars ($300) per hour. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

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

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

6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services unless the Agreement is previously terminated as provided for herein (“Term”).

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

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

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3 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.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept DocuSign Envelope ID: 209557DE-21BB-4EF5-8CB6-E592A9EDF51A Packet Page 1144
4 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. 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 DocuSign Envelope ID: 209557DE-21BB-4EF5-8CB6-E592A9EDF51A Packet Page 1145
5 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.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).

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

At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City.

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

Combined Single Limit
Commercial General Liability $2,000,000 per 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 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 DocuSign Envelope ID: 209557DE-21BB-4EF5-8CB6-E592A9EDF51A Packet Page 1148
8 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:
(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
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9 (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.

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10 b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the 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 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.

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

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

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

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

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

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

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and DocuSign Envelope ID: 209557DE-21BB-4EF5-8CB6-E592A9EDF51A Packet Page 1152
12 Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. Organization. Consultant shall assign Harvey W. Wimer III as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY:

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

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

Bracy Hawkins Law, P.C
468 W 5th Street Suite 104
San Bernardino, CA 92401

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BETWEEN THE CITY OF SAN BERNARDINO
AND BRACY HAWKINS LAW, P.C.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Allison Bracy
Name
Title
DocuSign Envelope ID: 209557DE-21BB-4EF5-8CB6-E592A9EDF51A Shareholder, Bracy Hawkins Law, PC
Packet Page 1156
16 Exhibit A
Legal representation in all litigation matters including but not limited to claims and summons for the civil complaint Kendria Watson v. City of San Bernardino CIVSB2209220 (hereinafter referred to as “the Project”).

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND CARPENTER, ROTHANS & DUMONT, LLP
This Agreement is made and entered into as of September 13, 2021 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 Carpenter, Rothans & Dumont, a California Limited Liability Partnership with its principal place of business at 500 South Grand Avenue, Nineteenth Floor, Los Angeles, California, 90071 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project; legal representation in all litigation matters for civil complaint Karla Jenett Moore v. City of San Bernardino, et al (21-cv01154-JGB-KK).

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 legal representation in all litigation matters for civil complaint Karla Jenett Moore v. City of San Bernardino, et al (21-cv-01154-JGB-KK).

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services provided in Section 2.

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2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of ten thousand dollars ($49,999). All attorney rates are set at two-hundred and twenty dollars ($225) per hour. 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.

6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services unless the Agreement is previously terminated as provided for herein (“Term

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

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

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this DocuSign Envelope ID: 238B223B-DD21-428C-AF37-A63943B109AA Packet Page 1159
3 Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

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 DocuSign Envelope ID: 238B223B-DD21-428C-AF37-A63943B109AA Packet Page 1160
4 Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

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

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

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

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

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

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
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7 Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
h. 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 claimsmade policy with a retroactive date subsequent to the effective date of this Agreement.

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8 (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. i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. j. 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.

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9 k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers.

Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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 DocuSign Envelope ID: 238B223B-DD21-428C-AF37-A63943B109AA Packet Page 1166
10 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.

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

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

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11 b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

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

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

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

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

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon 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 Steven J. Rothans, 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:

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12 CITY:

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

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

Carpenter, Rothans & Dumont, LLP.
500 South Grand Avenue
Nineteenth Floor
Los Angeles, California, 90071
Attn: Steven J. Rothans

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 nondiscrimination 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 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.

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13 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

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

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

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

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

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.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 238B223B-DD21-428C-AF37-A63943B109AA Packet Page 1170
14 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND CARPENTER, ROTHANS & DUMONT, LLP.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Steven J. Rothans
Name
Partner
Title
DocuSign Envelope ID: 238B223B-DD21-428C-AF37-A63943B109AA Attachment
Packet Page 1171

FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH CARPENTER, ROTHANS AND DUMONT, LLP
This First Amendment (“First Amendment”) to the Professional Services Agreement dated April 4, 2024 is made and entered into by and between the City of San Bernardino (“City”) and Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On September 13, 2021, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Karla Jenett Moore v.

City of San Bernardino, et al., United States District Court. Case No. 21-cv01154-JGB-KK (“Original Agreement”). b. The City and Consultant now desire to increase the amount of the Original Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $49,999 to $100,000.

3. Except as modified by this First Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: CARPENTER, ROTHANS & DUMONT, LLP
By: Steven J. Rothans
Its: Partner
Dated: CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
DocuSign Envelope ID: 7DDEAD1B-796F-4730-95B2-7DE7104F4A03 4/17/2024
4/17/2024
Packet Page 1172

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 16, 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 Memoranda of Understanding and Compensation and Benefits Plan with Bargaining Groups (All Wards)
Recommendation:

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

1. Approve the Memorandum of Understanding (MOU) with Teamsters Local 1932 for General Unit Employees;

2. Approve the Memorandum of Understanding (MOU) with Teamsters Local 1932 for Middle Management Employees;

3. Approve the Memorandum of Understanding (MOU) with the San Bernardino Police Dispatch Association (SBPDA) for Police Dispatcher Employees;

4. Adopt Resolution No. 2025-336 of the Mayor and City Council of the City of San Bernardino, California, approving the San Bernardino Confidential Management Association (SBCMA) Compensation and Benefits Plan for
Management/Confidential Employees; and

5. Amend the City-wide salary schedule for General Unit, Middle Management, Police Dispatch and Management/Confidential classifications.

Executive Summary
Approval of the Memoranda of Understanding and the Compensation and Benefit Plan will finalize employment agreements between the City and 4 bargaining units for the period of July 1, 2025, through June 30, 2028.

Background
The California Meyers-Millias-Brown-Act (MMBA) requires the City to meet and confer, in good faith, with its bargaining groups on all matters relating to employment conditions and employer-employee relations including but not limited to wages, hours, Packet Page 1173
and other terms and conditions of employment.

The City has long recognized the International Brotherhood of Teamsters Local 1932 (Teamsters), the San Bernardino Police Dispatch Association (SBPDA), and the San Bernardino Confidential and Management Association (SBCMA), for purposes of meeting and conferring related to conditions of employment of General Unit, Middle Management, Police Dispatch, and Management/Confidential employees, respectively. The prior Memoranda of Understanding (MOUs) covering such terms and conditions of employment expired on June 30, 2025. The Compensation and Benefits Plan outlined in Resolution No. 2021-269 with SBCMA, also expired on June 30, 2025.

Since then, the parties have been negotiating terms for successor MOUs and the Compensation and Benefits Plan. The parties have now reached tentative agreements.

Those agreements were ratified, and are currently before the City Council for approval.

Discussion
Teamsters Local 1932 – General Unit
The International Brotherhood of Teamsters Local 1932 (Teamsters) Memorandum of Understanding (MOU) term, if approved, will be July 1, 2025 through June 30, 2028 inclusive of the deal points noted below.
• 4.5% cost of living adjustment (COLA) effective the first full pay period following July 1, 2025, 1.5% COLA effective the first full pay period following July 1, 2026,

1.5% COLA effective the first full pay period following January 1, 2027. • Implement the Fiscal Year 2025/26 Classification and Compensation Study in Fiscal Year 2027/28 based on competitiveness, recruitment and retention, and availability of funds. If no money is allocated to equity adjustments, then a 3% COLA will go into effect the first full pay period following July 1, 2027. • Economic reopener in Fiscal Year 2027/28 could extend the MOU up to Fiscal Year 2029/30.
• Continue current MOU language on Health Insurance contributions. • Establish a Teamsters Retiree Healthcare Trust at no financial impact to the City. • Provide longevity pay the first full pay period following November 1, 2027, of $1,200 per year to employees with 15 or more continuous years of service, $1,500 per year for employees with 20 continuous years of service and $1,800 per year for employees with 25 continuous years of service.
• Eliminate sick leave cashout for non-retiring employees at separation. • Increase hours to 320 to be eligible for sick leave sell back. • Updated various language to clarify existing terms and to eliminate obsolete language.

Teamsters Local 1932 – Middle Management
The International Brotherhood of Teamsters Local 1932 (Teamsters) Memorandum of Understanding (MOU) term, if approved, will be July 1, 2025 through June 30, 2028 inclusive of the deal points noted below.
• 3% cost of living adjustment (COLA) effective the first full pay period following July Packet Page 1174
1, 2025, 2% COLA effective the first full pay period following January 1, 2026,

1.25% COLA effective the first full pay period following July 1, 2026, 1.25% COLA the first full pay period following January 1, 2027.
• Implement the Fiscal Year 2025/26 Classification and Compensation Study in Fiscal Year 2027/28 based on competitiveness, recruitment and retention, and availability of funds. If no money is allocated to equity adjustments, then a 3% COLA will go into effect the first full pay period following July 1, 2027. • Economic reopener in Fiscal Year 2027/28 could extend the MOU up to Fiscal Year 2029/30.
• Continue current MOU language on Health Insurance contributions. • Establish a Teamsters Retiree Healthcare Trust at no financial impact to the City. • Establish monthly Peace Officers Standards & Training (POST) Dispatch Supervisor Certificate Compensation of $50 effective the first full pay period following July 1, 2026.
• Add IMSA Traffic Signal Technician III and ISA Certified Arborist to list of eligible certifications to receive $50/month.
• Provide longevity pay the first full pay period following July 1, 2026, of $1,200 per year to employees with 15 or more continuous years of service, $1,500 per year for employees with 20 continuous years of service and $1,800 per year for employees with 25 continuous years of service.
• Eliminate sick leave cashout for non-retiring employees at separation. • Increase hours to 320 to be eligible for sick leave sell back. • Updated various language to clarify existing terms and to eliminate obsolete language.

SBPDA – Police Dispatch
The San Bernardino Police Dispatch Association (SBPOA) Memorandum of Understanding (MOU) new agreement term, if approved, will be July 1, 2025 through June 30, 2028 inclusive of the deal points noted below. • 2.5% cost of living adjustment (COLA) effective the first full pay period following July 1, 2025, 2% COLA effective the first full pay period following January 1, 2026,

3.5% COLA effective the first full pay period following July 1, 2026, unless revenues fall below 3.75%. In which case the 3.5% would be split, 1.75% COLA the first full pay period following July 1, 2026 and 1.75% COLA the first full pay period following January 1, 2027.
• Implement the Fiscal Year 2025/26 Classification and Compensation Study in Fiscal Year 2027/28 based on competitiveness, recruitment and retention, and availability of funds. If no money is allocated to equity adjustments, then a 3% COLA will go into effect the first full pay period following July 1, 2027. • Economic reopener in Fiscal Year 2027/28 could extend the MOU up to Fiscal Year 2029/30.
• Employee contribution towards health insurance of up to $30 per month for Employee + 1 coverage and up to $55 per month for Family coverage in each year of the MOU.
• Establish monthly Peace Officers Standards & Training (POST) Public Safety Packet Page 1175
Dispatcher Intermediate Certificate Compensation by $42.50/month effective the first full pay period following July 1, 2026.
• Increase Training Pay to 5% of employees base pay when an employee is assigned to train a new dispatcher for a minimum of 1 week or longer. • Eliminate sick leave cashout for non-retiring employees at separation. • Increase hours to 320 to be eligible for sick leave sell back. • Updated various language to clarify existing terms and to eliminate obsolete language.

SBCMA – Management/Confidential
The agreement with the San Bernardino Confidential and Management Association (SBCMA), if approved, will be July 1, 2025 through June 30, 2028 inclusive of the deal points noted below.
• 3% cost of living adjustment (COLA) effective the first full pay period following July 1, 2025, 2% COLA effective the first full pay period following January 1, 2026, 3% COLA effective the first full pay period following July 1, 2026, unless revenues fall below 3.75%. In which case the 3% would be split, 1.5% COLA the first full pay period following July 1, 2026 and 1.5% COLA the first full pay period following January 1, 2027.
• Implement the Fiscal Year 2025/26 Classification and Compensation Study in Fiscal Year 2027/28 based on competitiveness, recruitment and retention, and availability of funds. If no money is allocated to equity adjustments, then a 3% COLA will go into effect the first full pay period following July 1, 2027. • Economic reopener in Fiscal Year 2027/28 could extend the MOU up to Fiscal Year 2029/30.
• Employee contribution towards health insurance of up to $30 per month for Employee + 1 coverage and up to $55 per month for Family coverage in each year of the MOU.
• Provide a Longevity bonus at 5-year increments starting in July 2027 for employees with 10 continuous years of service ($500), 15 continuous years of service ($1,000), 20 continuous years of service ($1,250) and 25 continuous years of service ($2,000).
• Eliminate sick leave cashout for non-retiring employees at separation. • Allow participation in sick leave sell back.
• Updated various language to clarify existing terms and to eliminate obsolete language.

As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.

Packet Page 1176
2021-2025 Strategic Targets and Goals
Authorization of these agreements aligns with Key Target No. 2a: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
The Compensation and Benefits Plan with all Bargaining Groups will be funded by extending the approved hiring deferral for an additional five (5) months. Effective July 1, 2025, City Council approved a six-month hiring deferral estimated to realize $8m in salary and benefit savings. An additional five-month hiring deferral is expected to achieve an additional $6.8m in salary and benefit savings to cover the increased costs in compensation.

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

1. Approve the Memorandum of Understanding (MOU) with Teamsters Local 1932 for General Unit Employees;

2. Approve the Memorandum of Understanding (MOU) with Teamsters Local 1932 for Middle Management Employees;

3. Approve the Memorandum of Understanding (MOU) with the San Bernardino Police Dispatch Association (SBPDA) for Police Dispatcher Employees;

4. Adopt Resolution No. 2025-336 of the Mayor and City Council of the City of San Bernardino, California, approving the San Bernardino Confidential Management Association (SBCMA) Compensation and Benefits Plan for
Management/Confidential Employees; and

5. Amend the City-wide salary schedule for General Unit, Middle Management, Police Dispatch and Management/Confidential classifications.

Attachments
Attachment 1 – General Unit MOU
Attachment 2 – Middle Management MOU
Attachment 3 – Police Dispatch MOU
Attachment 4 – Resolution 2025-336 SBCMA Compensation and Benefits Plan Attachment 5 – City-wide Salary Schedule for General Unit, Middle Management, Police Dispatch and Management/Confidential classifications.

Ward:

All Wards
Synopsis of Previous Council Actions:

June 18, 2025 The Mayor and City Council Adopted Resolution No. 2025-309 amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

Packet Page 1177
November 3, 2021 The Mayor and City Council adopted Resolution No. 2021-268, Approving the Memorandum of Understanding (MOU) Between the City of San Bernardino and Employees in the General Bargaining Unit Represented by International Union of Operating Engineers (IUOE) Local 12.

November 3, 2021 The Mayor and City Council adopted Resolution No. 2021-268, Approving the Memorandum of Understanding (MOU) Between the City of San Bernardino and Employees in the Middle Management Bargaining Unit Represented by Teamsters Local 1932.

November 3, 2021 The Mayor and City Council adopted Resolution No. 2021-269, Approving the Establishment of Management/Confidential Employee Compensation and Benefits Plan Between the City and the Employees in the San Bernardino Confidential and Management Association (SBCMA).

February 2, 2022 The Mayor and City Council adopted Resolution No. 2022-13, approving the Police Dispatch Employees Memorandum of Understanding (MOU), Job Descriptions, and Updating the City-wide Salary Schedule.

Packet Page 1178

GENERAL UNIT

EMPLOYEES

MEMORANDUM
OF

UNDERSTANDING
Made and Entered Into Between
The City of San Bernardino
And
Teamsters Local 1932
July 01, 2025, to June 30, 2028
Packet Page 1179
1 TABLE OF CONTENTS
Article/Section Title ___ NO.

Definition of Terms ............................................................................................3 ARTICLE I Administration .............................................................................................. 4 Section 1 – Parties to MOU .............................................................................................. 4 Section 2 – Recognition ................................................................................................... 4 Section 3 – Management Rights ...................................................................................... 4 Section 4 – Employee Rights ........................................................................................... 5 Section 5 – Agency Personnel Rules ............................................................................... 6 Section 6 – Skelly Rights ….............................................................................................. 7 Section 7 – Probationary Period ……….............................................................................7 Section 8 – Seniority ………….….……..............................................................................7 Section 9 – Personnel Files .............................................................................................. 8 Section 10 – Bulletin Boards .............................................................................................. 9 Section 11 – Safety Committee .......................................................................................... 9 Section 12 – Labor-Management Committee ..................................................................... 9 Section 13 – Employee Stewards ...................................................................................... 10 ARTICLE II Employer-Employee Relations ................................................................. 10 Section 1 – Recognition/ Union Security .........................................................................10 Section 2 – No Strike/ Work Disruption ...........................................................................10 Section 3 – Payroll Deduction for Dues .......................................................................... 11 Section 4 – Employee Lists ............................................................................................ 11 Section 5 – Budget Documents ...................................................................................... 11 Section 6 – Employee Orientation .................................................................................. 11 Section 7 – New Employee Information ...........................................................................12 Section 8 – Union Logos ................................................................................................. 12 Section 9 – Non-Discrimination …………………………………….....................................12 Section 10 – Contract for Services ....................................................................................12 Section 11 – Grievance Procedure ....................................................................................13 ARTICLE III Compensation …………………................................................................... 15 Section 1 – Salaries......................................................................................................... 15 Section 2 – Classification and Compensation Study ....................................................... 16 Section 3 – Retirement Benefits ..................................................................................... 16 Section 4 – Overtime ...................................................................................................... 17 Section 5 – Special Event Overtime ............................................................................... 17 Section 6 – Higher Acting Classification Pay .................................................................. 18 Section 7 – Call-Back/Standby Assignment and Pay ...................................................... 19 Section 8 – Shift Differential ............................................................................................ 21 Section 9 – Personal Tool Replacement …………………................................................ 21 Section 10 – Bilingual Pay ………...................................................................................... 22 Section 11 – Special Certification Pay .............................................................................. 23 Section 12 – Training Pay ................................................................................................. 23 Packet Page 1180
2 Section 13 – Hazard Pay ................................................................................................... 24 Section 14 – Longevity Pay ............................................................................................... 24 ARTICLE IV Fringe Benefits ………………….................................................................. 25 Section 1 – Health Benefits & Life Insurance .................................................................. 25 Section 2 – Retiree Medical ……………………...………….............................................. 26 Section 3 – Uniforms, Rain Gear & Safety Equipment .................................................... 27 ARTICLE V Leaves …………………............................................................................... 27 Section 1 – Vacation ....................................................................................................... 27 Section 2 – Holiday Leave............................................................................................... 29 Section 3 – Sick Leave ………........................................................................................ 31 Section 4 – Payment of Sick Leave ................................................................................ 32 Section 5 – Election Leave ............................................................................................. 33 Section 6 – Witness Leave ............................................................................................. 33 Section 7 – Jury Duty ………………………..................................................................... 33 Section 8 – Other Leaves …........................................................................................... 34 ARTICLE VI Working Conditions ………………….......................................................... 34 Section 1 – Work Periods ………..................................................................................... 35 ARTICLE VII General Provisions …………………........................................................... 35 Section 1 – Full Understanding; Waiver .......................................................................... 36 Section 2 – Severability .................................................................................................. 36 Section 3 – Support of Agreement .................................................................................. 36 Section 4 – Term of Memorandum of Understanding ………........................................... 36 Section 5 – Notice of Intent to Reopen ……………….…….…......................................... 37 SIGNATURE PAGE ………………………………………….…………………………………. 38
Packet Page 1181
3 DEFINITION OF TERMS
City: The City of San Bernardino.

Day:

For the purposes of sick leave and vacation leave, one (1) “day” shall be defined as the number of hours the
employee is scheduled to work on that day as part of their regular work schedule.

Break in Service:

Refers to a voluntary or involuntary separation from
employment with the City or Department, as applicable.

An authorized leave of absence does not constitute a
break in service.

Exclusion:

Excluded from the General Unit for purposes of
representation are: classification titles designated as management/confidential, middle-management or safety;
positions established and created under federal contract; and temporary, part-time, provisional and probationary
individuals.

General Unit:

Includes titles listed in the City’s Salary Schedule, as may be amended. Additional Titles in the General Unit may be established by the Mayor and City Council. Also reference “Exclusions” above.

Mandatory and Permissive: “Shall” is mandatory; “may” is permissive.

MOU: Memorandum of Understanding.

Regular Full-Time Employee: An employee who has been appointed to a Regular, FullTime position and has completed their probation period.

Probationary Employee:

An employee who has been appointed to a Regular, FullTime position but has not completed their probation period and has not attained Regular status in that position.

Union: The exclusive bargaining representative for the General Unit.

Packet Page 1182
4 ARTICLE I

ADMINISTRATION
Section 1- Parties to Memorandum of Understanding
The Memorandum of Understanding is made and entered into by and between the City of San Bernardino ("City") and the Teamsters, Local 1932 (“Union” or “Teamsters”) pursuant to Government Code Sections 3500 et seq on behalf of General Unit employees.

Section 2 – Recognition
The City hereby recognizes Teamsters Local 1932 as the exclusive representative for those employees employed by the City in the general unit classifications referenced in the City's Salary Schedule, subject to the applicable provisions of law.

Section 3 Management Rights
This MOU shall not be deemed to limit or curtail the City in any way in the exercise of the inherent and express rights, powers and authority, which the City had prior to adopting this MOU, except to the extent that the provisions of this MOU specifically curtail or limit such rights, powers and authority.

Furthermore, the City retains all its exclusive rights and authority under City Charter, ordinances, resolutions, state and federal laws and expressly and exclusively retains its management rights, which include but are not limited to:
• The exclusive right to determine the mission of its constituent departments, commissions and boards;
• Set standards of selection for employment promotions; • Direct its employees;
• Establish and enforce dress and grooming standards;
• Determine the methods and means of performing work and to relieve its employees from duty because of lack of work or other lawful reasons; • Maintain the efficiency of governmental operations;
• Determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted;
• Determine the content and intent of job classifications; • Determine methods of financing;
• Determine style and/or types of City-issued wearing apparel, equipment or technology, means, organizational structure and size and composition of work force and allocate and assign work by which the City operations are to be conducted; • Determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or sub-contract any work or operations of the City;
Packet Page 1183
5 • Assign work to and schedule employees in accordance with requirements as determined by the City;
• Establish and change work schedules and assignments upon reasonable notice; • Establish and modify productivity and performance programs and standards; • Layoff, discharge, suspend, demote, reprimand, withhold salary increases and benefits or otherwise discipline employees in accordance with the applicable law; • Establish employee performance standards including, but not limited to quality and quantity standards; and,
• Take necessary actions and carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work.

The City shall be free to exercise its rights under this provision without negotiation or challenge from the Union or employees except where it can be demonstrated that such exercise is contrary to law or a specific limitation placed upon the City in another Article of this Agreement The City’s failure to exercise any right, prerogative, or function reserved to it or the exercise of any such right, prerogative, or function in a particular manner, shall not be considered a waiver of the City’s ability to exercise such rights, prerogatives, or functions or preclude the City from exercising the same in some other manner.

Section 4 – Employee Rights
A. Employees have the right to a safe and harassment free work environment as set forth in the City's policy on Non-Discrimination/Workplace Harassment. Employees of the City have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, including: wages, hours and other terms and conditions of employment. Employees of this City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by employee organizations because of the exercise of these rights. Representation rights of the Union as exclusive representative shall not be interfered with.

B. The City, through its representatives, shall meet and confer in good faith only with representatives of formally recognized employee organizations regarding matters within the scope of representation, including wages, hours, and other terms and conditions of employment.

C. Individual Agreement - The City of San Bernardino shall not negotiate with or enter into memorandum of understanding or grant rights or benefits not covered in this agreement to any employee unless such action is with the concurrence of the Teamsters and an authorized representative of the City. Any such individual agreement that is not in accordance with this provision shall be invalid.

Section 5 – Agency Personnel Rules
Packet Page 1184
6 A. Purpose. It is understood and agreed that there exists within the City in written or unwritten form, certain personnel rules, policies, practices and benefits generally contained in the applicable City of San Bernardino Municipal Code; The City of San Bernardino Uniform Personnel Rules and Policies, as amended; Resolution No. 10584, Establishing Uniform and Orderly Methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended, and, Resolution No. 10585, Adopting Rules and Regulations Relating to Employer-Employee Relations, as amended, which documents will continue in effect, except for provisions modified by the City Council in accordance with federal or state laws, orders, regulations, official instructions or policies.

B. Department Work Rules. The City may prepare, issue and enforce rules and safety regulations necessary for the safe, orderly, and efficient department operations. A copy of such rules shall be sent to the Union office. The reasonableness of any disciplinary action taken as a result of a violation of any departmental work rule may be determined in the grievance procedure or the appeal process in the Personnel Rules, if applicable, at the employee's election. The City shall make reasonable efforts to acquaint employees with work rules. Work rules shall be uniformly applied. The departments will provide a copy of updates to Departmental Work Rules as they occur.

C. Personnel Rules. The City represents that in implementing Section 508 of the City of San Bernardino's Charter that became effective January 31, 2017, the following provisions of the previous MOU between the City and the Teamsters, dated January 1, 2011, to June 30, 2012, shall be included as part of the City's uniform policies:

1. Education Reimbursement

2. Employee Assistance Program (EAP)

3. Catastrophic Leave

4. Injury Leave

5. Leave of Absence without Pay

6. Military Leave

7. Physical Examinations

8. Reasonable Suspicion Drug and Alcohol testing
The above Sections will be included in the City’s Uniform Policies and shall be made available to the Union and bargaining unit employees upon completion.

If a conflict arises between the Personnel Rules or the City’s Uniform Policies and the MOU, the MOU shall prevail.

D. The modification of the City’s Personnel Rules, department work rules and the City’s Uniform Policies may be subject to the meet and confer or meet and consult process to the extent a bargaining obligation exists under applicable law.

Section 6 – Skelly Rights
Packet Page 1185
7 It is mutually agreed that the City subscribes to the concept and application of progressive Discipline for minor offenses. Discipline shall be imposed upon an employee only for just cause.

If the employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public.

When an action for suspension or termination has been taken, subject to appeal, the employee will be apprised of the action, the reason therefore, and will be provided with a copy of the charges including material on which the action was based. Employees have the right to Association representation as provided under Government Code Section 3500 et seq. (Meyers-Milias-Brown Act).

A. The employee shall receive reasonable advance notice of the proposed disciplinary action per the City’s Personnel Rules.

B. The notice shall contain the reasons, charges, and statement of the events or circumstances upon which the proposed action is based.

C. The employee shall be given the materials, if any, upon which the action is based.

D. The employee shall have the right to respond either orally or in writing within five (5) working days of receipt of Skelly package to the appointing authority (Department Head/Division Head) imposing the discipline.

The disciplinary procedure should be used for all serious disciplinary actions, which are normally considered (1) demotions; (2) discharges; (3) reductions in pay; and, (4) suspensions.

Section 7 – Probationary Period
The probationary period for newly hired and promoted employees into positions in this unit shall be 2080 paid hours from the date of hire. “Paid hours” shall include hours actually worked (excluding overtime) and paid leaves such as vacation, holiday, sick leave and compensatory time but shall not include time spent on any leave of absence, including workers’ compensation leave, modified/light duty and military leave, In addition, the probationary period of new hires may be extended at the discretion of the Department Head for a period not to exceed 1040 hours.

Section 8 – Seniority
Department Heads will consider seniority in authorizing vacations, scheduling shift assignments and transfers. Seniority shall prevail when all other factors are not significantly different. "All other factors" is defined as special qualifications, skills, work performance, as well as attendance and safety. An employee shall not attain seniority until the completion of a probationary period, upon which time the seniority date shall be from the last date of hire within the department, division or section. In the event of layoffs, due to lack of work or funds that the department deems it necessary to reduce the working force, the last employee hired within the classification so reduced shall be the first laid off unless they possess special qualifications or whose loss of skills would adversely affect the public welfare or has superior Packet Page 1186
8 work performance that can be documented. An employee shall be given at least thirty (30) days notice prior to layoff.

Section 9 – Personnel Files
A. The Human Resources Department shall keep and maintain an official personnel file for employees, which shall contain information relative to the employee. No other files, records or notations shall be official except as may be prepared or used by the City or its counsel in the course of preparation for any pending case, such as the Department of Fair Employment and Housing or Personnel Commission matter or grievance.

B. An employee's department may maintain a file pertaining to an employee, which shall contain job-related information only. It shall be the supervisor's responsibility to inform the employee, with a copy thereof, of any detrimental material in the file that may affect the employee's performance evaluation. An employee may grieve over the factuality of, or propriety of, any material in such file. Such files shall be confidential. Both the City and the Union agree that an employee's failure to challenge any material in such file does not justify the conclusion that the employee is in agreement with any such materials. Such files shall not contain a copy of any disciplinary action against an employee.

C. Employees and/or their authorized representatives, if authorized by the employee, shall have the right, upon written request, to review the contents of their official personnel file and department files. Such review may be made during working hours with no loss of pay for time spent, and the employee may be accompanied by their authorized representative if they wish. Reasonable requests to copy documents in the files shall be honored.

D. A copy of any disciplinary action or material related to employee performance, which is placed in the personnel file, shall be served upon the employee (the employee so noting receipt), or sent by certified mail (return receipt requested) to their last address appearing on the records of the City. It is the obligation of each employee to provide the City with their current address.

E. A full-time, permanent employee shall have thirty (30) working days in which to file a written response to an employee performance evaluation entered in their personnel file. Such written response shall be attached to the employee performance evaluation.

The thirty (30) working days will commence with the date the employee receives the evaluation for signature. The Human Resources Department will distribute to all City departments a memorandum explaining employee performance evaluation response procedures for General Unit employees.

F. Employees may request that any documents contained in the file of a derogatory nature will be purged from their files after a period of twenty-four (24) months and no further actions have occurred similar in nature. The department head shall review said request and notify the employee and the Teamsters of their decision in writing within Packet Page 1187
9 seven (7) calendar days. After review by the Department Head, if the employee is not satisfied with the outcome, the employee may request that the City Manager and/or the Director of Human Resources review all requests to purge negative items from personnel files. The decision of the City Manager and/or the Director of Human Resources as to what will be purged from the personnel files shall be final and binding.

Section 10 – Bulletin Boards
The City will provide adequate space on bulletin boards in each department/division for the purpose of the Union posting notice of pertinent Union business. The Union agrees that nothing libelous, obscene, defamatory or of a partisan political nature shall be posted. In the event that there is a dispute arising out of the pertinence of any literature the Union chooses to post, the Human Resources Director or designated representative and a Union representative will meet as soon as possible to resolve the problem.

Section 11 – Safety Committee
There is established a City-wide Safety Committee in which the General Unit has membership.

Teamsters Local 1932 shall appoint three (3) members from the General Unit to the Safety Committee and also three (3) alternative members. The appointments should not include more than one member and one alternate from each City Department. The Committee will review all recordable accidents (both City equipment and personal injury of City employee) and make recommendations to the City Manager or their designee for all corrective actions in establishing better job safety.

The Safety Committee shall forward to Teamsters Local 1932 office a copy of all minutes, findings and recommendations that pertain to general unit employees at the conclusion of each meeting.

Section 12 - Labor-Management Committee
The Labor-Management Committee shall continue for the term of this MOU. Its continuing purpose is for the discussion of common problems that are not addressed in other existing procedures. In addition, the purpose of the meeting will be to listen and correct the employee’s safety concerns as it relates to City policy, OSHA, the MOU, and any other safety regulatory body. The Union shall designate three (3) representatives to serve on the Committee from different departments. The Committee shall normally meet at least quarterly or may meet more often, if necessary, at a mutually agreed upon time and place. Either the City or the Teamsters Local 1932 may request a meeting with the Labor-Management Committee to review issues.

Upon request, the other party agrees to meet in an attempt to clarify and resolve issues.

Recommendations shall be considered by management.

Guests and/or speakers will be allowed to attend based on advance notice to the City and mutual agreement.

Section 13 – Employee Stewards
Teamsters local 1932 may designate no more than six (6) stewards from any Unit. Employees designated or assigned to a committee will be allowed reasonable release time to contact Packet Page 1188
10 Teamsters, Local 1932 Business Representatives and participate in required committee meetings. Union stewards shall not receive any additional time or compensation for the designation. Union stewards may represent General Unit employees in disciplinary action meetings, as required by law, including investigation interviews. Teamsters Local 1932 shall provide the City with an initial list of stewards and thereafter upon request by the City. The position of steward shall not interfere with the daily operations of the City.

ARTICLE II

EMPLOYER-EMPLOYEE RELATIONS
Section 1 – Recognition/ Union Security
The City hereby acknowledges that Teamsters Local 1932 has been and is recognized by the City as the exclusive representative for the General Unit employees for purposes of meeting and conferring on wages, hours, and other terms and conditions of employment and for all other matters related to employer-employee relations for these employees. The granting of "exclusive" recognition shall not preclude employee self-representation in matters where individual rights, protections and concerns are involved such as grievances and disciplinary matters; provided, however, the representation rights of the Union as exclusive representative shall not be compromised thereby. If a unit member does not wish to be represented by the Union in matters pertaining to grievances and disciplinary appeals and wishes to represent themself, such member shall be required to provide the Union and the City with a signed statement waiving the right to Union representation in such matters.

Section 2 – No Strike/Work Disruption
It is the purpose of the MOU, for the parties hereto, to confirm and maintain the spirit of cooperation which has existed between the City and the employees of the City. It is recognized that adequate dispute resolution procedures exist to resolve differences and that any work disruptions are unproductive to City operations and services provided to its citizens. The Union and the City agree that they shall, at no time or in any way, jeopardize the public health, welfare and safety of the City's business and residential communities. Thus, the Union and the City will strive to promote a harmonious relationship between the parties to this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Union shall not, on behalf of itself and its members, individually or collectively engage in, support or sanction any curtailment or restriction of work at any time during the term of this MOU. The parties shall endeavor to discourage any such work disruptions or curtailment and shall make affirmative efforts to return employees to their jobs in the event that any such work disruption occurs.

Section 3 – Payroll Deduction for Union Dues
The City agrees to provide Union dues deductions for Union members only as long as the Union remains the exclusive representative for the employees within the bargaining unit.

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11 Conversely, no other employee organization shall be permitted dues deduction privileges for employees within the bargaining unit. The City shall not be liable to the Union, employees or any other person by reason of the requirements of this article for the remittance of any sum other than that constituting actual deductions made from employee wages earned.

Dues shall be deducted from the pay of each employee. Dues deduction shall be a specified uniform amount for each employee and any change in the amount of dues deducted shall be by written authorization from the Union, provided however, that the Union shows proof that the general membership has voted and approved any change in the amount of dues.

Indemnification. The Union acknowledges that it has, and will continue to, comply with all applicable requirements, regulations, and provisions of law pertaining to dues deductions. It is agreed that the City assumes no obligation or liability, financial or other arising out of the provisions of this Article.

The Teamsters shall indemnify, defend and hold the City harmless from any claims made and suits instituted against the City in regard to the application of this Article. The Teamsters' indemnity and liability obligation is more fully set forth as follows: (1) Teamsters Local 1932 shall defend, indemnify and hold harmless the City of San Bernardino and its officers and employees from any claim, loss, liability, cause of action or administrative proceeding arising out of the operation of this Article. Upon commencement of such legal action, administrative proceeding, or claim, City, immediately upon receipt of notice of such claim, proceeding or legal action shall inform Teamsters of such action, provide Teamsters Local 1932 with all information, documents, and assistance necessary for Teamsters Local 1932 defense or settlement of such action and fully cooperate with Teamsters Local 1932 in providing all necessary employee witnesses and assistance necessary for said defense. The cost of any such assistance shall be paid by Teamsters Local 1932. Teamsters Local 1932 upon its compromise or settlement of such action or matter shall immediately pay the parties to such action all sums due under such settlement or compromise. Teamsters Local 1932, upon final order and judgment of a Court of competent jurisdiction awarding damages or costs to any employee, shall pay all sums owing under such order and judgment.

Section 4 – Employee Lists
The City agrees to provide to the Union as requested, a list of names and other information as required by law of employees covered by this MOU.

Section 5 – Budget Documents
The City agrees to provide or make available electronically to the Union a copy of the annual financial report, preliminary budget, final budget and resolutions or ordinances as requested by the Union.

Section 6 – Employee Orientation
The City will distribute or otherwise make available the Memorandum of Understanding, or contract term and conditions, as part of the employee orientation program conducted by the City for new employees. The City will allow the Union to make a presentation at employee orientations.

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12 Section 7- New Employee information
Upon request by the Union, the Human Resources Department will furnish the Union with information on new General Unit employees, excluding, at the request of the Union, their home addresses. Data will include name, title, department, and date of hire on file, if any.

Section 8 – Union Logos
A. General Unit employees wishing to demonstrate their support for, or affiliation with, Teamsters shall be permitted to wear a Union button, badge, logo, or pin as long as the button, badge, logo, or pin does not create a safety or health issue or interfere with the efficient operations of the employer.

B. In consideration of the above, said button, badge, logo, or pin must be consistent with all of the following:

1. Removable;

2. For uniformed employees only, it must be centered and fit on the pocket flap or in the area where the pocket flap is supposed to be on the jacket, shirt, blouse, or sweater;

3. It may not carry a message that is libelous, obscene or defamatory.

Employees required to wear protective headwear may display a button, badge, logo, or pin on the headwear provided it does not compromise the safety integrity of the headwear.

C. General Unit employees will be permitted to wear a Union button or pin as long as it does not create a safety or health issue, interfere with the efficient operations of the employer, or conflict with previously adopted uniform standards in department work rules/operating procedures.

Section 9 - Non-Discrimination
Neither the City nor the Union shall unlawfully discriminate against any employee because of race, color, ancestry, sex, sexual orientation, age, physical or mental disability, medical condition, national origin, political affiliation, religion, or any other basis as required by federal, state, or local law.

Section 10 – Contract for Services
It is not the intent of the City to contract out work for the sole purpose of causing employees to lose their jobs. If a decision is made by the City to contract work not now contracted, and that decision will result in change in the work conditions or status of employees in the unit, the City agrees to meet and confer in good faith with the Union prior to making a final recommendation to the City Council.

Section 11 – Grievance Procedure
Definition of Employee Grievance: A grievance is an alleged violation of the terms of the MOU or of the application of any laws, ordinances, resolutions concerning or affecting wages, hours or other conditions of employment except as excluded in the following paragraph. Minor Packet Page 1191
13 discipline that is not subject to appeal to the Personnel Commission may be filed under this grievance procedure. This procedure is not intended to be used to effect changes in the terms of this MOU or those matters not covered by this MOU.

Additionally, allegations of discrimination and harassment shall be submitted to the Equal Employment Officer/Human Resources Director. The Equal Employment Officer/Director of Human Resources may recommend that the matter be brought as a formal grievance. Alleged violations of the Employer-Employee Relations Ordinance shall be processed through the procedure contained therein. Disciplinary appeals involving a loss of pay pursuant to the Personnel Rules (e.g. suspension, demotion, termination) shall be filed with the Personnel Commission.

There shall be no parallel appeals on the same issue. As such, the filing of a lawsuit or an action with any administrative agency shall automatically terminate the grievance process.

As used in this procedure, the term "immediate supervisor" means the lowest level of supervisor not within the bargaining unit. The procedure provides a mechanism for settling the grievance informally with the "immediate supervisor," up to and including the Division Head.

If this proves unsatisfactory, the grievance may be formally presented to the Department Head or designee, the Director of Human Resources, and finally to the City Manager who will be the ultimate authority.

The aggrieved employee shall have the right to be represented, if they desire, by the designated Union representative.

Working Day: As used in this section, "working day” shall refer to the employee’s working day or to the working day of the other party involved (Supervisor, Division Head, Department Head, Director of Human Resources, City Manager and/or their designees), depending upon whose response or action is pending.

Procedural Steps for Handling Grievances:

A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances on an informal basis between the employee and a supervisor in the employee's chain of command, up to and including the Division Head. Oral presentation of the grievance must be submitted to the Informal Step within ten (10) working days of the incident causing the grievance or of the grievant’ s knowledge of the incident’s occurrence. The date and the subject of the incident should be provided with the request for the informal meeting. Within ten (10) working days of the presentation of the grievance, the supervisor shall provide an oral response to the employee. The supervisor will document (for record purposes) their response to the employee in the event the grievance proceeds to the Formal level.

When the matter complained of originated at the Department Head level, the initial grievance shall be filed at directly with the Department Head. If the grievance alleges a violation of law, a City uniform policy, ordinance, or resolution, the grievance shall be filed with the Human Resources Director
Packet Page 1192
14 B. Formal:

1. If the grievance is not adjusted to the satisfaction of the Union or employee involved, the grievance shall be submitted in writing by the employee or their designated representative to the Department Head or their designee within ten (10) working days from the date of the oral response. The written grievance shall include the date of the incident, a description of the alleged facts, witnesses, and the provision alleged to have been violated. The Department Head or their designee shall meet with the employee and/or their designated representative within the next ten (10) working days of receipt of the written grievance and shall deliver their answer in writing to the employee within ten (10) working days after the meeting.

2. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within ten (10) working days from the date of delivery of said answer. The Director of Human Resources or their designee shall meet with the employee, and if the employee desires, the designated Association representative, within ten (10) working days after receipt of the appeal, shall deliver their answer in writing to the employee within ten (10) working days after the meeting. If the grievance alleges a violation of the application of law, a City Uniform Policy, ordinance, or resolution, the grievance shall be initially filed with the Human Resources Director.

3. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Manager or their designated representative within ten (10) working days from the date of delivery of said answer stating the facts and basis for the complaint and the desired remedy. If the Union desires, it may then submit the matter to a neutral hearing officer selected by the parties from a list provided by the State Mediation and Conciliation Service whose decision shall be advisory to the City Manager. Grievances shall only be advanced to advisory arbitration with the agreement of the Union. The cost for hearing all grievances advanced to an advisory arbitration hearing shall be split equally between the City and Union, including any cancellation fee if both parties are mutually responsible; otherwise the party responsible for the cancellation shall pay the entire cancellation fee. The City Manager or their designated representative shall deliver their answer in writing within fifteen (15) calendar days after receipt of the hearing officer’s advisory decision. The decision of the City Manager or their designated representative is final and binding on all parties, unless reversed by a court decision.

A Court may only reverse the decision of the City Manager if such decision of the City Manager was determined by the Court to be demonstrably contrary to law or arbitrary and capricious.

Packet Page 1193
15 All grievances shall be treated as confidential during their pendency, including any appeal, and no publicity shall be given the final resolution of the grievance if it is not subject to disclosure under applicable law.

C. Time Limits: Any formal grievance not answered by the City within the specified time limit listed above shall be deemed settled on the basis of the Union’s original demand (i.e. make whole remedy) unless there are extenuating circumstances or the investigation is continuing. Grievances settled by default shall not establish a precedent as to the interpretation of the disputed language Likewise, any specified adjustment not appealed by the employee or their designated representative within the specified time limits listed above shall be deemed settled on the basis of the last City official's answer. Timelines as above may be extended by mutual agreement only.

D. Consolidation of Grievances: In order to avoid the necessity of processing numerous similar grievances at one time, a single "class" grievance may be filed as long as the grievances are from employees within a single department or work unit within the department. The City also has the right to consolidate responses to such grievances.

If the grievant is a group of three (3) or more employees within a department, the group shall appoint one (1) or two (2) employees who signed the grievance to speak for the collective group throughout the grievance process.

ARTICLE III

COMPENSATION
Section 1 – Salaries
Effective the first full pay period following July 1, 2025, the salary ranges for all unit members shall be increased by four and one-half percent (4.5%) to reflect a cost-of-living adjustment (COLA). Effective the first full pay period following July 1, 2026, the salary ranges for all unit members shall be increased by one and seventy-five hundredths’ percent (1.75%), effective the first full pay period following January 1, 2027, the salary ranges for all unit members shall be increased by one and seventy-five hundredths’ percent (1.75%). All salary ranges for classifications represented by the Teamsters shall be amended by the City Council in accordance with these provisions.

Section 2 – Classification and Compensation Study
The parties agree to an economic reopener commencing in or about April/May 2027. The purpose of this reopener is to discuss the classification and compensation study (“Study”) the City is currently conducting and expected to be completed before the start of the 2027-28 fiscal year. Any salary equity adjustments to individual classifications will be considered alongside any across-the-board salary adjustments and other increases in compensation, taking into account such factors as the total cost of bargaining unit compensation, market competitiveness, recruitment/retention, and the availability of financial resources. Annual Packet Page 1194
16 salary adjustments will be contingent upon available funding and evaluated within the City’s long-term financial plan.

If the City fails to allocate any funds to address pay equity issues, then a three percent (3%) across-the-board increase will go into effect at the beginning of the first full pay period following July 1, 2027. However, if funds are allocated by the City to address pay equity, the parties will negotiate pay equity and/or other economic items and there shall be no automatic or guaranteed across-the-board increase.

It is expressly agreed that the parties may extend the MOU by mutual agreement during this economic reopener.

Section 3 – Retirement Benefits
Teamsters’ members are provided retirement benefits under the California Public Employees’ Retirement System (CalPERS) as follows:

Tier l :

Tier Il :

Tier Ill :

Employees hired on or before October 3, 2011, shall receive a 2.7% @ 55 retirement benefit;
CalPERS "Classic Members" hired on or after October 4, 2011, shall receive a 2% @ 55 retirement benefit;
CalPERS "New Members" hired on or after January 1, 2013, shall receive a 2% @ 62 retirement benefit in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA)
Employer Share. Effective 2/1/2013, all employees shall pay 1.304% of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code.

The City will pay the employer contribution for the Fourth Level 1959 Survivor Benefit.

For Tier I and Il employees, the final compensation retirement calculation shall be based upon their single highest year of compensation earnable as provided under Section 20042 of the California Government Code. The compensation earnable period for Tier Ill PEPRA employees will be three years.

The City and Teamsters acknowledge that the PEPRA laws and regulations shall govern a determination of whether employees are hired as "new members" or "classic or legacy" members.

Section 4 – Overtime
All employees in the General Unit will receive overtime based on the requirements of the Fair Labor Standards Act (FLSA). Employees shall be paid overtime compensation at the FLSA rate for all hours worked over 40 hours in the designated work week. Holiday, compensatory time, concession leave, workers' compensation, and authorized unpaid leave hours shall not apply towards hours worked in the work week.

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17 Overtime work shall not be authorized unless the employee has obtained the prior approval of their Department Head or designated Division Head. Emergency overtime work may be authorized by the employee's supervisor without such prior approval, if obtained at the earliest possible time after the performance of emergency work.

In instances where standby and call-back work is required and directed, it shall be regulated by, and paid in accordance with, the provisions contained in Article Ill, Section 8.

Compensatory Time Bank: When an employee works overtime, they shall earn overtime at the FLSA rate. Following prior approval of overtime as described above, the employee will either be paid for the overtime worked or the number of overtime hours worked will be placed in a compensatory time bank, based on the employee's request. The Finance Department (Payroll) will track the compensatory time accrued and used, and the compensatory time balance will appear on the employee's paycheck. Department Head approval will be required in order for employees to use time from the compensatory time bank.

Once an employee's compensatory time bank reaches eighty (80) hours, the employee will be paid for all subsequent overtime worked. By the end of June 30 each year, an employee's compensatory time bank must be reduced to forty (40) hours. Any hours in the compensatory time bank in excess of forty (40) hours as of June 30 of each year will be paid at the employee's regular rate of pay, and will be included on the first paycheck in December.

If the employee terminates employment or if the employee is promoted to a position in the City, the compensatory time bank will be paid off at the then current rate of pay.

Section 5 – Special Event Overtime
Employees who work special events where the City has contracts with third parties to provide public safety services and where the third parties pay for the cost of such labor services shall be entitled to be paid an overtime rate of two times the member's regular rate of pay provided the third party agrees. Such costs may include costs associated with workers' compensation coverage, Medicare, CalPERS contributions and other expenses required by the Teamsters Memorandum of Understanding. The City and the Teamsters acknowledge that under no circumstance shall this provision result in any additional cost to the City.

To be eligible for double time for work performed under such third-party contracts, the third party must agree in writing to indemnify the City against all liabilities and injuries incurred solely from the event, event management, or as a result of actions of event staff.

Special Event shall mean any short-term event of less than 30 days where the services provided are outside of the normal scope of duties of the Union members as to providing routine services to the City of San Bernardino. Special Events shall not include long-term contracts with third parties to provide services for more than 30 days. Special Events shall not include contracts with third parties who are non-profit organizations.

Double time shall mean an increase in pay equal to two times the current regular rate of pay for the individual member assigned to the special event.

Section 6 – Higher Acting Classification Pay
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18 Upon approval by the City Manager, a Department/Division Head may assign or reassign a qualified unit employee to discharge the duties of a higher classification when a position is vacant or in the absence of the incumbent due to resignation, termination, promotion, or an extended leave of absence, or other emergency circumstances.

An employee assigned in writing by the Department/Division Head, with the approval of the City Manager, shall receive acting duty pay starting on the sixth consecutive day of each acting duty assignment. No acting duty pay will be paid for the first five (5) days of each acting duty assignment, except for those employees who can prove that they have served a total of twenty (20) days in a higher-acting classification during the previous twenty-four (24) months, based upon their official Human Resources Department records. No General Unit employee that is on probation shall be placed in a higher acting classification. Further, no General Unit employee shall be in a higher acting classification for more than one (1) year. As a condition to receiving the higher acting pay, the Department designee must complete the required Personnel Action Forms (PAFs) and the Department Head and the City Manager must approve the request.

An employee assigned to work in a higher classification on an acting basis shall receive at least five percent (5%) above their current base rate of pay.

The City will not circumvent the intent of this article by using various employees to thwart the intention of this article.

Employees who believe they are performing duties of a higher level outside of their current classification, and who believe they have been unable to resolve the situation satisfactorily, shall have the right to appeal their issue via the current grievance procedure.

To be eligible for higher acting pay, unit members shall: 1) perform the full range and majority of the duties in the higher-level classification that are unrelated to an employee's current classification; and, 2) perform the full range and majority of the higher classification duties for five full working days based upon the unit member's assigned work schedule.

Section 7 – Call Back/Standby Assignment and Pay
An employee who is free to engage in their own pursuits while off duty, subject only to carrying a phone or to the understanding that the employee leave word with the Department Head or designee where the employee can be reached, is not working while on standby. If called back, the employee shall be paid for the time actually worked in accordance with Article Three, Section V (Overtime).

If a Department Head places an employee on standby, defined as the employee being in a state of readiness and immediate availability to come to work outside of their normal work hours, Teamsters and the City hereby agree that the following is compensation in full for the hours of work of the employee when in such standby status:

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19 Standby Status Hours Compensated
For the employee's five (5) workdays
during their work week (or prorate at 1.5
hrs/day)

7.5 hours for 5 days
For the employee's two (2) non-workdays
during their work week (or pro rate at 2.0
hrs/day)
OR,
4 hours for 2 days
For all seven (7) days during a work week
AND,
10 work hours
For any holiday, as described in this
MOU, during which the employee stands
by for all or any portion of the 24-hour day
2 extra work hours per
scheduled holiday - added to
the above
Payment for hours described above shall be compensated at the regular rate of pay.

General Unit Call-Back Pay: An employee cannot be in standby status and call-back status at the same time.

Employees not formally assigned to standby status may still be called back to work. If reached by their supervisor and called back to work, the employee will be paid for actual hours of work at the FLSA overtime rate of time-and-one-half (1-1/2) unless the employee has worked less than forty (40) hours in the work week due to use of paid or unpaid sick time, vacation, holiday, and compensatory time. In such cases, employee will be paid straight time. An employee called back to work shall be paid for a minimum of two (2) hours of work. However, there shall be no pyramiding of call back pay (multiple payments of call back) if an employee has not left the workplace when a subsequent call for service is made. In such instances, the employee shall continue to receive the appropriate rate of pay.

The General Unit employees covered by this MOU are not so severely restricted in their activities while in standby status as to be "working while 'on call'" as that term is used in the Fair Labor Standards Act 29 CFR 785.17.

Departments and Divisions, which utilize call-back/standby, will prepare a qualified list of employees. Department/Division Heads will consider the following factors in establishing and maintaining call-back and standby lists: employee seniority, special qualifications and skills.

For Departments and Divisions assigning call-back and standby on a rotation basis, only the employee who appears first on the list may reject an assignment to call-back or standby.

Rejecting an assignment will automatically place the first employee at the bottom of the list.

The employee listed next must take the assignment.

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20 Departments and Divisions may use procedures that vary from the above, if the procedures are: (1) consistent with Department/Division work rules; or, (2) implemented result of an emergency situation.

All Animal Control Officers within the Animal Services Department shall rotate by being placed on the standby list. No Animal Control Officer shall be left out of standby rotation.

Employee Court Subpoena Time: All City employees appearing in court on their day off for a work-related court subpoena will receive compensation for the actual time spent in court, with a three (3) hour minimum. Additionally, employees will receive one-half (1/2) hour travel time for going to court. Employees will be reimbursed for all parking fees associated with the court appearance.

In the event an employee is placed on standby on their day off for a work-related court subpoena, the employee will receive three (3) hours standby pay for each day on a standby status.

For morning standby subpoenas where employees are called to court and do not go beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours standby along with one-half (1/2) hour of travel time. If employees have to appear in court after the noon recess, the actual additional time along with one-half (1/2) hour of travel time will be added to the three (3) hours standby. In cases where the subpoena is for 1:30 p.m. or another time, the standby will start with the time stated on the subpoena.

All court-related compensation will be paid as time worked and at the appropriate straight time, or where applicable, at the FLSA overtime rate. Such compensation is in addition to compensation for any prior time actually worked pursuant to such subpoena.

It is hereby agreed by and between the parties hereto that the General Unit employees covered by this provision are not so severely restricted in their activities while on standby status as to be "working while 'on call'," as that term is used in the Fair Labor Standards Act 29 CFR 785.17.

Section 8 – Shift Differential
Unit employees assigned to the Identification Bureau, Patrol and Police Records within the Police Department, and Business Registration Inspectors within the Finance Department, shall receive the following pay differential in addition to their pay for actual shift work designated as either the swing, graveyard, or weekend shift.

A. An employee assigned to the swing shift (normal start and ending time of 4:00 p.m. to 12 midnight, respectively) shall receive $65 per month extra for all hours actually worked during such assignment; or,
B. An employee assigned to the graveyard shift (normal start and end time of 12 midnight to 8:00 a.m., respectively) shall receive $100 per month extra for all hours actually worked during such assignment.

C. An employee assigned to the weekend shift (normal start and ending time occurring on Saturday and/or Sunday) shall receive $200 per month extra for all hours actually worked during such assignment. Shift differentials are not cumulative; thus, if more Packet Page 1199
21 than one differential applies, then the differential that provides the highest pay will be paid to the employee. Only employees in the following classifications shall be eligible for the weekend shift differential: Business Registration Inspectors.

D. Any employee who is permanently assigned to the swing or graveyard shift will receive the additional monthly pay. The additional pay will only begin and end on the 1st and the 16th of the month. Whenever permanent swing or graveyard shift employees work overtime on another shift, their hourly pay will include the additional monthly pay as part of their regular rate of pay for FLSA purposes.

E. Any non-swing/graveyard shift employees who work overtime in a swing or graveyard shift will only be paid at the regular rate of pay (no additional differential pay).

F. Shift and weekend differentials are not cumulative; thus, when more than one differential applies, the differential that provides the highest pay will be paid to the employee.

The Departments, by memo, will inform Payroll which employees are permanently assigned to swing and graveyard shifts and should receive the additional monthly pay. Permanent is defined as working thirty (30) days or more.

Section 9 – Personal Tool Replacement
The City shall provide a tool replacement allowance for damaged, lost or stolen personal tools in an amount not to exceed $500.00 per year, per employee. Only those employees in the following classifications shall be entitled to such allowance:

Department/Division Classification(s)

1. Fleet Division Mechanics & Lead Workers; Equipment Service Worker

2. Engineering Traffic Signal Electricians

3. Public Works Maintenance Personnel (includes Plumbers); Electricians I & Il
Claims against the above tool replacement allowance shall be honored provided that: (1 ) the personal tools had been required by the City; (2) the tool had been marked and inventoried by the employee; (3) a report of such inventory had been filed with the Department Head; and, (4) said tools had been properly maintained and reasonable care had been taken by the employee to protect from loss or theft. Tools stolen or damaged through no fault of the employee will be replaced by the employee and reimbursement thereof will be made by the City, after submission of an appropriate City form accompanied by an approved invoice or receipt. All reimbursements of stolen or damaged tools will be completed on the first available processing date with the Finance Department.

During the term of this MOU, all newly employed mechanic personnel in the Fleet Division, who may be required by their Department Head to purchase personal metric tools in order to Packet Page 1200
22 effectively accomplish work assignments, shall be eligible to receive a one-time tool purchase allowance not to exceed $100 to assist in making such purchase.

Section 10 – Bilingual Pay
General Unit employees, as designated by the City Manager and who meet the certification and eligibility requirements as developed by the City, shall be compensated at the rate of seventy-five dollars ($75) per month. The duties of the employee receiving bilingual pay may be reviewed annually to determine that bilingual duties assigned to an employee are being performed on a regular and frequent basis. The designated employees may be tested annually for certification and recertification.

No employee shall receive bilingual pay when in a classification designated as bilingual (e.g.

Customer Service Representative (Bilingual)).

The City shall determine the number of eligible employees based on the consideration of such factors as most critical need and financial resources/constraints. The City Manager or designee will retain the right to select the eligible employees and to determine the departments where use of employee bilingual skills would be best served. The City shall reserve the right to determine languages for which testing will be conducted.

Section 11 – Special Certification Pay
Employees in the classifications of Code Enforcement Officer, Equipment Mechanics, and Animal Control Officers shall receive, in addition to their regular compensation, $50 a month payment ($25 paid each pay period) for obtaining and maintaining the following certifications:
• ICBO or AACE Certificate
• ASE designation of Master Certified Mechanic
• NACA (3) Certificates
It shall be the responsibility of the department and the employee to provide payroll with a copy of their certifications and or renewal. All certification pay will be effective on the date of the employee's certification or recertification.

Certificate pay is limited to $50 per month per eligible employee.

Section 12 – Training Pay
Eligible and qualified employees as identified below will receive additional compensation for training as assigned by a Department Head. On or about July of each year this MOU is effective, a Department may establish a list of employees who, in the sole determination of the Department Head, are qualified to serve as a trainer for new and/or probationary employees. Each Department may establish requirements to serve as a trainer and may develop in-house evaluation procedures to measure qualifications. Such evaluation procedures may include, without limitation, the completion of an application, testing, and interviews. Any of the qualified trainers on the eligible list may be called upon during the year to train new employees. Training assignments will be assigned in one (1) week increments; for example, training assignments may be for one (1) week to one (1 ) month or more. As a condition to receiving training compensation under this Section, all training assignments must Packet Page 1201
23 be designated as to length and scope of training on Departmental forms. All training assignments must also be approved in writing by the Department Head or their designee prior to the commencement of the training assignment.

Qualified employees assigned to training will receive compensation of $37.50 per week.

Training assignments may be discontinued at any time and for any reason, and will be based, in part, upon the needs and budget of the Department.

Positions that could potentially qualify for a training pay program include the following:
• Animal Control Officer;
• Shelter Attendant (Animal Services);
• Senior Customer Service Representative;
Section 13 – Hazard Pay
A. Unit employees permanently assigned to the encampment cleanup crew in the Public Works Department and hold one of the below positions, will be paid an additional $200 per week ($400 bi-weekly) in addition to their regular pay.

Classification Authorized
Staffing Level
Lead Maintenance Worker 2
Maintenance Worker I 8
B. Unit employees who are permanently assigned to the encampment cleanup crew will receive additional bi-weekly pay. The additional pay will not be prorated. Whenever permanent cleanup crew employees work overtime on another shift, their hourly pay will include the additional bi-weekly pay.

C. Any non-permanent cleanup crew employees who work overtime on a cleanup crew shift, will only be paid at their regular rate of pay (no additional hazard pay).

D. The Department, by memo, will inform Payroll which employees are permanently assigned to the encampment cleanup crew and should receive the additional bi-weekly pay. In addition, the Department will inform, by memo, Payroll when removing an employee from the assignment. Permanent is defined as working fourteen (14) days or more.

E. Hazard pay, for employees assigned to the encampment cleanup crew, is not considered CalPERS reportable income.

Section 14 – Longevity Pay
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24 Effective November 1, 2027, and annually thereafter, employees, who have reached the following full-time continuous years of service with the City shall be eligible to receive longevity pay as follows:

Years of Completed
Continuous Service
with City
Annual
Amount
15 $1,200
20 $1,500
25+ $1,800
Annual longevity payments shall be compensation earnable as determined by CALPERS in accordance with applicable law.

ARTICLE IV

FRINGE BENEFITS
Section 1 – Health Benefits and Life Insurance
A. Effective the first full pay period following July 1, 2025, the City will contribute $738.00 per month toward health premiums for Employee Only, $1,450.00 per month for Employee Plus One, and $1,939.00 per month for Employee Plus Family.

For the term of this agreement only, health contributions shall be benchmarked at the lowest cost plan (currently Kaiser) each year.

The amount of the City's contribution is based on the selection of the "medical" enrollment category. If an employee elects "employee only" medical coverage, then the "employee only" allowance is provided to the employee. Any contribution not utilized by the employee shall revert to the City.

B. Insurance benefits available for purchase by employees include: medical, dental, vision, and supplemental life and accidental death and dismemberment insurance. Unless otherwise specified, City contributions cannot be used for any voluntary benefits offered to unit members.

C. An employee must purchase insurance offered through the City in order to utilize the contributions described in Section A above.

D. Employees may use any of the amounts described in Section A to purchase any/all of the insurance benefits described in Section B.

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25 E. Cafeteria monies may be redesigned or a change of plans may be made in accordance with the rules established by the insurance plan selected by the employee.

F. The City shall provide each employee with $10,000 basic life insurance and $ 25,000 Accidental Death and Dismemberment (AD&D).

G. An employee who does not want to enroll in any health care plan offered by the City must provide evidence of health care insurance coverage, and execute a "Waiver of Benefits and Release Agreement" releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. Employees who elect to waive the City's health care insurance may receive a stipend as shall be determined by the City on an annual basis. The parties acknowledge for the term of this MOU, health care stipends in an amount of $3,500 will be paid to those employees who elect to waive the City's health care insurance and will be paid in December of the Plan Year. Employees must be employed through the end of the last payroll period in November to qualify for this benefit.

Unless hired during the benefit year, employees must participate in the program for the full 12 months to receive the full stipend. Employees on payroll on November 30th who were hired during the benefit year and did not work the entire 12-month period shall earn the stipend on a pro-rata basis. Employees who waived insurance benefits during Open Enrollment, but later requested to enroll in benefits prior to November 30th, will not be eligible for any portion of the stipend. Employees who elect to drop coverage mid-year are not eligible to participate in the stipend program. Employees participating in this option are required to waive all medical, dental, vision, supplemental life and supplemental AD&D coverages provided by the City. Health Care stipends are not considered compensation for purposes of CalPERS retirement calculations and are subject to federal and state withholding taxes.

H. The Union agrees to participate in the City's Joint Labor-Management Health Benefits Committee ("Committee") to evaluate, on an annual basis, City-wide plan designs for health care. All plan designs and City contributions shall be effective on January 1st annually. During the term of this MOU, City reserves the right, and the Union agrees, to reopen this MOU on providers and/or any provision in this Section.

I. All full-time, regular employees will be covered under the City's Long-Term Disability (LTD insurance plan. The City will pay 100% of the LTD insurance plan premiums for full-time, regular employees during the length of this MOU.

J. Employees must be in a paid status for fifteen (15) consecutive days, in any given month, to receive the benefits of this Article, unless the employee is on a qualifying approved leave, such as Family Medical Leave, and is eligible for benefit continuation under applicable state or federal law. Members who have been suspended or discharged pending an administrative appeal shall be eligible for continuation of benefits pending final disposition of the disciplinary matter by the City's Personnel Commission.

Section 2 – Retiree Medical
City is agreeable to working with Teamsters, Local 1932 to permit employee participation in Teamsters’ retiree healthcare trust, subject to (1) approval or ratification by unit members and approval by City Council, (2) review of trust documents and other provisions by the City Packet Page 1204
26 Attorney to ensure that the City has no liability (financial or otherwise), including GASB, (3) compliance by Teamsters and the Trust with all applicable laws, and (4) an understanding that funding of the Trust shall be solely by employees and the City carries no obligation other than to deduct contributions.

It is anticipated that this provision will go into effect no earlier than the second year of this MOU. The parties shall meet and confer and finalize mutually agreeable language prior to implementation of this provision.

Section 3 – Uniforms, Rain Gear & Safety Equipment
The City shall provide uniforms to any employee required to wear a uniform. The City shall purchase uniform shorts for use as part of the uniform. Each department will establish guidelines for wearing shorts and employees will not be allowed to wear shorts when performing activities that may create a safety hazard. The City shall make appropriate rain gear available.

The City will annually reimburse members of the General Unit fifty dollars ($50) toward the purchase of work footwear consistent with City policy Employees shall wear such footwear at all times while on duty

ARTICLE V
LEAVES
Section 1 – Vacation
A. All employees within the bargaining unit covered by this MOU shall be entitled to annual paid vacations as follows:

Completed Years of Rate of Accrual Equivalent Hours
Continuous Service* per pay Period Per Year
1 year** 3.0769 hours 80 hours
5 years 4.6153 hours 120 hours
15 years 6.1538 hours 160 hours
20 years 7.6923 hours 200 hours
*Service year begins on initial date of employment in a full-time, regular status. **No vacation granted or accrued, if service is less than 1,040 paid hours.

At the time of voluntary and involuntary termination of employment, an employee shall be entitled to receive compensation for the number of vacation hours, which have been accrued but not used. In the event said employee has been permitted to take vacation, Packet Page 1205
27 which exceeds number of hours actually accrued, a deduction shall be made from the employee's final compensation for the number of hours in excess of the accrual.

B. The amount of accrual shall not exceed the specified number of hours granted per year.

C. Employees shall not be permitted to work in their City position in lieu of taking vacation in order to receive additional compensation.

D. Vacation credits may be accrued and accumulated up to a maximum of two (2) years total accumulated vacation credits upon approval of the Department Head, as per the employee's rate of accrual. Vacations or portions thereof from a prior year may be taken consecutively with vacations or portions thereof of a succeeding year, subject to the approval of the Department Head. Except as approved by the Department Head, no vacation or portion thereof from a prior year shall run consecutively with the vacation of a succeeding year; and, a period of three (3) or more months should normally elapse between the expiration of one year's vacation and the commencement of the next year's vacation.

Requests to utilize accrued vacation shall be submitted in writing on City approved forms to the Department Head. Department Heads shall respond to vacation requests submitted on City approved forms within five (5) work days. Department Heads shall not unreasonably delay responses to employee vacation requests. Nothing in this article shall be construed to prevent a response to the employee’s request before the expiration of five (5) work days.

The vacation period to which any employee shall be entitled shall be assigned by the Department Head in the calendar year when due, except when the Department Head with the approval of the City Manager or their designee determines that an emergency or other valid factors prevent the employee from utilizing their vacation during the calendar year when due. Should this occur, the employees’ vacation should be rescheduled at the very earliest mutually acceptable date.

In the event an employee is compensated for less than fifty percent (50%) of the payroll period, they shall not be credited with any vacation accrual for that pay period.

E. Upon termination, payment for earned vacation or deduction for unearned vacation shall be made on the basis of the hourly rate of pay being received by the employee on the date of termination.

F. Whenever the terms "year" or "years of employment" appear herein, they shall be deemed to include all services for the City of San Bernardino.

G. The employee shall not lose any vacation time off due to action by the City.

H. When an employee returns to work after a break in continuous service, and when such break in continuous service shall have been by leave of absence with the approval of the City Manager or their designee, vacation time shall not accrue during such break in continuous service, but shall accrue from the date of return to service from such approved leave of absence, based upon the total length of service of the employee.

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28 I. Employees may sell back up to forty (40) hours of vacation time per year providing that the following conditions have been met:

1. Employees must have a minimum of one hundred twenty (120) hours in their vacation balance before sell back occurs.

2. Employees must have taken a one-consecutive (1) week vacation during the past year prior to the sell back of hours.

3. Employees must complete a sell back form, which must include a Department Head signature.

4. Forms must be submitted to the Finance Department on or before April 1 5th of each year.

5. Payment for vacation sell back hours will be paid (using current Council approved salary rates in the salary resolution) on the employees’ paycheck in May of each year.

Section 2 – Holiday Leave
A. Holiday Leave Accrual. City Designated Holidays: Employees shall be entitled to thirteen (13) City-designated holidays, the equivalent of one hundred and seventeen (117) holiday hours each year for those employees on a 5/40 or a 9/80 regular work schedule. Those employees on a 4/10 work schedule shall be entitled to thirteen (13) City-designated holidays, the equivalent of one hundred thirty (130) holiday hours each year. The following days will be holidays for the purpose of this MOU:

New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
In addition to the above, all employees, including new employees, shall be credited with eighteen (18) hours of Holiday Account time per calendar year (formerly floating Holidays). All hours of holiday leave will be credited to an employee's account on January 1st of each year this MOU is in effect. New hire employees who are hired by the City after January 1 of the calendar year shall receive a prorated number of floating holiday leave hours, at the rate of 1.5 hours per month, based on their hire date. For Packet Page 1207
29 example, a new employee hired on July 1 of a calendar year shall receive nine (9) hours of floating holiday leave.

B. Holiday Leave Carry-Over. On June 30th of each year that this MOU is in effect, General Unit employees may carry over up to forty (40) hours of accrued holiday leave. Any holiday leave in excess of forty (40) hours on June 30th will be forfeited.

C. Scheduling Holiday Leave. All full-time employees within the bargaining unit, with the exception of those employees shown in the following paragraphs, shall be allowed the above holidays at full pay when such holidays occur within the regularly assigned working periods, provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday. If it becomes necessary for an employee to work on any of the above-mentioned holidays, except as provided herein, they shall receive pay at the regular rate and shall be allowed another day off at full pay as approved by the Department Head. Each Department Head shall consider employees' requests for scheduling the eighteen (18) holiday account hours per calendar year, provided however, the final right to allot the hours to be observed is reserved exclusively to the Department Head. The Department Head will not unreasonably withhold permission to take time off. The employee may supplement the holiday with accrued vacation, accrued holiday time, or compensatory time.

D. Other Provisions:

1. Employees who, due to scheduling, must work on a recognized City holiday will be compensated on the basis of the number of hours worked on said holiday, excluding lunch/dinner break. The hours accruing to the employees’ holiday account for that day will be based upon the employees’ work schedule as provided in Article VI, Section 1 Work Periods.

2. If a holiday occurs on a normal day off for an employee, the employee shall receive no additional pay.

3. The decision as to whether in-lieu of time off or pay is to be received shall be based on the availability of funds and needs of the department, as determined by the Department Head. If in-lieu of time off is directed by the Department Head, it may be added to the regular annual vacation period, but must be taken within one (1) year of the date in-lieu time was earned.

4. On or about November 30th of each calendar year, the City Manager shall determine, and the Human Resources Department will distribute, the schedule of specific days that the above holidays will be observed. For example, holidays listed above may be allowed on a Monday, if any such holiday falls on Sunday, and may be allowed on the preceding Friday, if such holiday falls on a Saturday for all employees, except those covered by other provisions herein.

5. Holidays earned in any twelve (12) month period may not be accumulated beyond the total number of holidays allowed each year by this MOU.

Packet Page 1208
30 E. Upon separation from the City, employees shall be paid for ninety percent (90%) of their current holiday account.

Section 3 – Sick Leave
A. Definition: Sick leave means the absence from duty of an employee because of illness or injury, exposure to contagious disease or attendance upon a member of their immediate family who is seriously ill and requires the care of or attendance of any employee. Immediate family means: husband; wife; grandmother; grandfather; mother; father; sister; brother; son; daughter; uncle; aunt; mother-in-law; father-in-law; stepparents; stepchildren; grandchildren; and, step-grandchildren.

Sick Leave Usage for Family Members: Not more than eighty (80) hours of sick leave within any calendar year may be granted to an employee for the care of or attendance upon members of their immediate family, as defined above.

Not more than forty (40) hours of sick leave within any calendar year may be approved for an employee for each absence for purposes of attending the funeral of a member of the employees' immediate family. The City may require an employee to submit evidence of eligibility to use sick leave for purposes of attending the funeral of a member of the employee's immediate family.

B. Sick Leave Usage for Employees

1. Upon the department's request, an employee must provide a physician's statement to justify a sick leave of forty (40) consecutive hours or longer.

Employees suspected of abuse or excessive use of sick leave may also be required to furnish a written statement from their health care provider supporting the use of sick leave and/or the ability to return to work. If a physician's statement is requested, the Department Head or their designee must notify the employee prior to or on the first day of leave. Thereafter, the employee may be required to submit additional physician statements.

2. No absence due to illness or injury in excess of forty (40) hours shall be approved, except after the presentation of satisfactory evidence of illness or injury. A certificate from a practicing physician or an authorized practicing chiropractor may be required by the Department or Division Head, and shall be subject to their approval concerning such absence. The City Manager, or their designee, may require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by a designated physician, and in the event of an adverse report, to reject such claim for sick leave, in whole or in part and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the City Manager, or their designee, may terminate sick leave compensation and reject any claim therefore. The City Manager shall have the right to require the presentation of a certificate from a practicing physician or a designated physician stating that an employee is physically or psychologically able to perform their work and duties Packet Page 1209
31 satisfactorily before permitting an employee who has been on sick leave to return to work.

3. In order to receive compensation while absent on sick leave, employees shall notify their immediate supervisor or designee prior to or within thirty (30) minutes of the time set for beginning their daily duties, or as may be specified in Department/Division work rules.

4. Sick leave with pay shall be granted to all regular employees and to all temporary full-time employees whose positions are funded under federal law who are regularly employed in permanent or federally funded positions, if such benefit is required by said federal law. Sick leave shall not be considered as a right which employees may use at their discretion but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein.

5. Whenever an employee is compensated hereunder for sick leave or injury and has not had a vacation at the end of the current calendar year, the employee must take the vacation time not utilized due to illness or injury during the next calendar year.

B. Such paid sick leave may be used for employee or family illness or for medical reasons or other reasons provided under the City’s Paid Sick Leave Policy (AB 1522) adopted by the Mayor and City Council on June 18, 2015 by Resolution 2015-116. At no time may an employee accrue more than 1,040 hours of sick leave.

C. Employees shall not accumulate sick leave while compensated under the provisions of Catastrophic Leave and Leave of Absence without Pay.

Time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave usage shall not be decreased by the fact that any legal holiday occurs during the time off on account of illness. The words "legal holiday" shall have the meaning ascribed to them in Article V, Section 2. Sick leave shall not accumulate during periods of leave of absence without pay.

In the event an employee works less than fifty percent (50%) of the total normal work hours in the pay period, they shall accrue no sick leave for such pay period and shall not be credited with the four (4) hours sick leave.

Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only.

Whenever an employee uses all allowable sick leave, further absences may be charged against accrued vacation upon approval of the Department Head. If all allowable sick leave has been used and use of accrued vacation is disapproved, the employee will take loss of pay for the time not covered by allowable sick leave.

Section 4 – Payment of Sick Leave
Packet Page 1210
32 A. Payment for Unused Sick Leave: At the time of retirement only, an employee is eligible for compensation for unused post-petition sick leave as follows: a) 288 hours or less = no cash value; b) 289-479 = cash payment of 20% of accrued post-petition sick leave; c) 480-959 = cash payment of 25% of accrued post-petition sick leave; d) 960 or more hour = cash payment of 35% of accrued post-petition sick leave.

B. Sick Leave Sell Back: On or before February 15th of each year this MOU is in effect, eligible employees will be allowed to cash out up to forty (40) hours of sick leave per year, providing the employee has at least three hundred and twenty (320) hours in their sick leave account after the sell back.

Employees must complete a sell back form, which must include the Department Head's signature. Forms must be submitted to the Finance Department on or before February 15th each year.

Payment for sick leave sell back will be paid (using the current City Council approved salary rates in the salary resolution) to employees in their March payroll check.

Section 5 – Election Leave
If an employee does not have sufficient time outside of working hours to vote at a statewide election, time off with pay to vote in any general or direct primary elections shall be granted as provided in the State of California Elections Code. Notice that an employee desires such time off shall be given in accordance with the provisions of said Code.

Section 6 - Witness Leave
Employees shall only be entitled to a paid leave of absence when subpoenaed to testify as a witness in civil litigation involving the City, such subpoena being properly issued by a court, agency or commission legally empowered to subpoena witnesses. This benefit shall not apply in any case in which the subpoenaed employee is a party to the action. Witness leave shall not be charged against any accumulated leave balances and shall be compensated at the employee's base hourly rate. Employees shall only be entitled to paid witness leave if they provide a copy of the subpoena to the City within twenty-four (24) hours of receipt.

Section 7 – Jury Duty
Every general permanent employee of the City of San Bernardino and every employee, whose position is funded under federal law or is employed in a federally funded position, if such benefit is required by said federal law, are covered by this section.

Employees shall provide prior notice to their supervisors regarding jury service. In cases where the completion on any day of such jury service does not exceed a period of four (4) hours duration of the employee's assigned work shift, it shall be the responsibility of the employee to return to work within a reasonable time after their release or discharge from such jury service on that day. However, where such employee is required to continue in jury service for a period in excess of four (4) hours duration on any such regularly scheduled working day, said employee shall not be required to work on that same day of their release or discharge from jury duty. If the start of the employee's shift is two (2) hours or more prior to the commencement Packet Page 1211
33 of jury duty, the employee shall be required to report to work. This is subject to adjustment based on the location of jury service.

Under such circumstances of compensable jury service, every general permanent employee or every federally funded general employee as aforesaid, shall be paid their regular pay, less jury duty fees while serving on jury duty, provided a copy of all jury fees paid to the individual employee, less automobile expenses allowed, are submitted to the City Finance Department.

Employees shall notify their superiors of any call for jury service promptly upon receipt of notice thereof, and of any absence from duties due to such jury service in order that a replacement or substitute may perform their duties. When an employee fails to promptly report the receipt of a call to jury service when so required or fails to promptly notify their superiors regarding the absence for jury service, said employee shall be considered as absent without leave and no salary compensation shall be paid.

In the event, during the course of any jury service, an employee is ordered by a judge or other officially recognized judicial body into a state of sequester, the employee shall be paid the regular wage during such time of sequester without supplement from any accrued bank of time.

Any employee who is summoned to Grand Jury Service shall be entitled to all benefits, restrictions and requirements of this section.

The City will pay for all working days and/or partial days in a calendar year of a covered employee who is required to serve jury duty.

Whenever a covered employee is duly summoned as a witness, except where the employee is a litigant or defendant in a criminal case or any action brought about as a result of their own misconduct, they shall receive regular compensation for any regularly scheduled working hours spent in actual performance of such service.

Section 8 - Other Leaves
The City complies with the applicable provisions of the Federal Family and Medical Leave Act (FMLA), the Federal Pregnancy Discrimination Act (PDA), the California Family Rights Act of 1992 (CFRA), the California Pregnancy Disability Leave Law (PDL), and other medical and/or family leave benefits applicable under both Federal and California law. Applicable California and Federal statutory rights and obligations regarding leaves of absence which now exist or that may become in effect during the term of this MOU and are not specifically addressed in this MOU are incorporated by reference or addressed in a City Uniform Policy. City policies and procedures for administering current and new laws and regulations impacting employee leaves and benefits are available from the City's Human Resources Department.

ARTICLE VI

WORKING CONDITIONS
Packet Page 1212
34 Section 1 – Work Periods
A. City Work Schedules: City work schedules shall be as herein defined, except as otherwise provided for:

1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty (40) hour work week consisting of five (5), eight (8) hour workdays, exclusive of any meal periods assigned by management.

2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eighty (80) work hours in a two (2) week period, consisting of eight (8), nine (9) hour workdays and one (1), eight (8) hour workday, exclusive of any meal periods assigned by management.

3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty (40) hour work week consisting of four (4), ten (10) hour workdays, exclusive of any meal periods assigned by management.

B. Work Schedule Adjustments: It is understood and agreed that Department Heads shall establish such work schedules as may be necessary for the efficient and economical provision of services for the public, and to make such adjustment in work shifts as are from time to time required. The City shall give the employees and the Union two (2) weeks' notice of any proposed changes in scheduled work shifts prior to implementation.

If the Union wishes to consult with management regarding the proposed changes, it shall notify the City within seven (7) calendar days from receipt of notice. Upon notification by the Union, both parties shall meet within ten (10) calendar days in an earnest effort to reach a mutually satisfactory resolution of any problems arising as a result of the proposed changes. Work schedule changes resulting from an emergency situation or circumstances, which disrupt normal City operations as determined by the Department Head, are not bound by the two (2) week notice requirement.

If a light-duty assignment for an employee will result in a shift change, e.g., from day shift to graveyard shift, the City shall give the employee and the Union two (2) weeks' notice of any proposed shift changes prior to implementation. The procedures described in the first paragraph of Section B above shall apply.

1. This section does not include minor adjustments in the starting and ending times of employee shifts

2. During the two-week notification period, the employee continues on current status/schedule.

ARTICLE VII

GENERAL PROVISIONS
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35 Section 1 – Full Understanding Waiver
The parties acknowledge that during the meet and confer process which resulted in this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, ordnance, resolution, personnel and departmental rules and regulations, from the scope of negotiable issues and that the understandings arrived at by the parties after the exercise of that right and opportunity are set forth herein. Therefore, the City and the Union, for the life of this MOU, each voluntarily and unqualifiedly waives the right to meet and confer and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU or with respect to any subject or matter not specifically referred to or covered in this MOU, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this MOU.

The express provisions of this Agreement for its duration constitute the complete and total contract between the City and Union with respect to wages, hours, and other terms and conditions of employment. Any prior or existing Agreement between the parties, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety.

It is also agreed and understood that nothing in this article shall diminish the rights of the City to exercise its rights under the Management Rights article nor diminish the rights of the Union to meet and confer/consult on the impact of proposed changes in accordance with applicable law.

Section 2 – Severability
It is understood and agreed that this MOU is subject to all current and future applicable federal and state laws and regulations and the current provisions of the charter, ordinances, resolutions and of the rules and regulations of the City. If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of those federal, state or city enactments, or it is otherwise held to be invalid or unenforceable by any court or competent jurisdiction, such part or provision shall be superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. The parties hereto agree to refrain from initiating any action that would invalidate any part of the MOU.

Section 3 – Support of Agreement
By entering into this MOU, the City and the Teamsters have arrived at a final understanding through the meet and confer process, resolving any differences which may have arisen during that process. Accordingly, it is agreed that the Teamsters and the City will support the MOU for its term and for purposes of Union ratification and Council Approval. Nothing contained in this MOU shall become binding upon the parties until such time as the City Council, by legislative enactment and allocation of funds, agrees and adopts its terms and conditions.

Section 4 – Term of Memorandum of Understanding
The term of this MOU extends through June 30, 2028. If negotiations regarding an MOU are in progress at the time the current MOU expires or if the parties are at impasse, the terms and Packet Page 1214
36 conditions of the current MOU shall remain in effect as required by law until a successor MOU is adopted by the Mayor and City Council or other action is taken to implement terms and conditions in accordance with law. During the term of this MOU, the provisions regarding allocation, use, and payoffs for pre-petition leave time provided in side letter 2015-271 shall continue to be in effect.

Section 5 – Notice of Intent to Reopen
The parties agree that, if either party desires to propose changes in the terms or conditions of this MOU for the period following expiration of this MOU, it shall notify the other party at least one hundred twenty (120) days before the expiration of the MOU. Such notice of intent to reopen shall include a request for a meeting to begin negotiations and establish ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party.

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37 Teamsters Local 1932

MEMORANDUM OF UNDERSTANDING
2025-2028
Executed this __________day of _______________, 2025
___
Bill Gallardo Carlos Gonzales, Teamsters Local 1932
Interim City Manager Staff Coordinator / Business Agent ATTESTED BY:
____
Telicia Lopez, CMC
Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
____
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MIDDLE MANAGEMENT

EMPLOYEES

MEMORANDUM
OF

UNDERSTANDING
Made and Entered Into Between
The City of San Bernardino
And
Teamsters, Local 1932
July 01, 2025, to June 30, 2028
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2 TABLE OF CONTENTS
Article/Section Title ___ NO.

Definition of Terms ............................................................................................4 ARTICLE I Administration ............................................................................................. 6 Section 1 – Parties to MOU .............................................................................................. 6 Section 2 – Recognition ................................................................................................... 6 Section 3 – Management Rights ...................................................................................... 6 Section 4 – Employee Rights ........................................................................................... 7 Section 5 – Agency Personnel Rules ............................................................................... 7 Section 6 – Skelly Rights ……………................................................................................ 8 Section 7 – Probationary Period ……................................................................................ 9 Section 8 – Seniority ........................................................................................................ 9 Section 9 – Access to Personnel Records ...................................................................... 10 Section 10 – Bulletin Boards ............................................................................................ 10 Section 11 – Labor-Management Committee ................................................................... 10 Section 12 – Employee Stewards ..................................................................................... 11 ARTICLE II Employer-Employee Relations ................................................................. 11 Section 1 – Recognition/ Union Security ........................................................................ 11 Section 2 – No Strike/Work Disruption ………................................................................. 11 Section 3 – Payroll Deduction for Union Dues ................................................................ 12 Section 4 – Employee Lists ............................................................................................ 13 Section 5 – Employee Orientation/ New Employee Information ..................................... 13 Section 6 – Non-Discrimination …………………………………....................................... 13 Section 7 – Contract for Services ................................................................................... 13 Section 8 – Grievance Procedure .................................................................................. 14 Section 9 – Democrat Republican Independent Voter Education (D.R.I.V.E.).................16 ARTICLE III Compensation ………………….................................................................. 17 Section 1 – Salaries........................................................................................................ 17 Section 2 – Classification/Compensation Study ............................................................. 17 Section 3 – Retirement Benefits ..................................................................................... 17 Section 4 – Overtime ...................................................................................................... 18 Section 5 – Special Event Overtime ............................................................................... 20 Section 6 – Higher Acting Classification Pay .................................................................. 21 Section 7 – Call-Back/Standby Assignment and Pay ..................................................... 21 Section 8 – Shift Differential ………………….................................................................. 22 Section 9 – Personal Tool Replacement Allowance ………............................................ 22 Section 10 – Special Certification Pay .............................................................................. 23 Section 11 – Court Subpoena/Jury Duty .......................................................................... 24 Section 12 – Hazard Pay ……………................................................................................ 24 Section 13 – Longevity …………………............................................................................ 25 Packet Page 1218
3 Section 14 – Wage Differential ......................................................................................... 25 ARTICLE IV Fringe Benefits …………………................................................................. 25 Section 1 – Health Benefits and Life Insurance ............................................................. 25 Section 2 – Retiree Medical …………………………………............................................ 27 Section 3 – Uniforms, Rain Gear & Safety Equipment .................................................... 27 Section 4 – Reimbursement for Professional and Job-Related Activities ....................... 28 ARTICLE V Leaves …………………............................................................................... 29 Section 1 – Vacation ...................................................................................................... 29 Section 2 – Holiday Leave.............................................................................................. 31 Section 3 – Sick Leave ………........................................................................................ 32 Section 4 – Payment of Sick Leave ................................................................................ 34 Section 5 – Election Leave ............................................................................................. 34 Section 6 – Witness Leave ............................................................................................. 35 Section 7 – Other Leaves …........................................................................................... 35 ARTICLE VI Working Conditions …………………......................................................... 35 Section 1 – Work Periods ……….................................................................................... 35 ARTICLE VII General Provisions …………………........................................................... 36 Section 1 – Full Understanding; Waiver ......................................................................... 36 Section 2 – Severability .................................................................................................. 37 Section 3 – Support of Agreement .................................................................................. 37 Section 4 – Term of Memorandum of Understanding ……….......................................... 37 Section 5 – Notice of Intent to Reopen ……………….……….......................................... 38 SIGNATURE PAGE ………………………………………….…………………………………. 39
INDEX ………………………………………….………………………………………………… 40
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4 DEFINITION OF TERMS
Break in Service: Refers to a voluntary or involuntary separation from employment with the City or Department, as applicable. An authorized leave of absence does not constitute a break in service.

City: The City of San Bernardino.

Classification: Includes titles listed in the City's Salary Schedule that may be modified during the term of this MOU through the City's budgetary process and/or through reorganization or reclassifications
Day: For the purposes of sick leave and vacation leave, one (1) “day” shall be defined as the number of hours the employee is scheduled to work on that day as part of their regular work schedule.

Exclusions: Excluded from the Middle-Management Unit for purposes of representation are: Classification titles designated as management/confidential, general or safety positions established and created under federal contract and temporary, part-time provisional and probationary individuals.

Mandatory and
Permissive: “Shall” is mandatory; “may” is permissive.

Middle
Management
Unit: Includes titles listed in the City’s Salary Schedule. Additional titles in the Middle-Management Unit may be established by the Mayor and City Council. Also reference “Exclusions” above.

MOU: Memorandum of Understanding.

Probationary
Employee: An employee who has been appointed to a Regular, Full-time position but has not completed their probationary period and has not attained regular status in that position.

Regular Full-Time
Employee: An Employee who has been appointed to a Regular, Full-Time position and has completed their probation period.

Union: The exclusive bargaining representative for the Middle-Management Unit.

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5 ARTICLE I

ADMINISTRATION
Section 1 – Parties to Memorandum of Understanding
This Memorandum of Understanding (MOU) is made and entered into by and between the City of San Bernardino (“City”) and Teamsters Local 1932 (“Union”) for the MIDDLE MANAGEMENT EMPLOYEES occupying the classifications listed in the salary schedule.

Section 2 – Recognition
The City hereby acknowledges that the Teamsters Local 1932 has been and is recognized by the City as the exclusive representative for the Middle Management Unit employees for purposes of meeting and conferring on wages, hours, and other terms and conditions of employment and for all other matters related to employer-employee relations for these purposes.

The granting of "exclusive" recognition shall not preclude employee self-representation in matters where individual rights, protections and concerns are involved; provided however, the representation rights of the Union as exclusive representative shall not be compromised thereby.

Section 3 – Management Rights
This MOU shall not be deemed to limit or curtail the City in any way in the exercise of the inherent and express rights, powers and authority which the City has prior to entering into this understanding, except to the extent that the provisions of this MOU specifically curtail or limit such rights, powers and authority. Furthermore, the City retains all its exclusive rights and authority under City Charter, ordinances, resolutions, state and federal laws and expressly and exclusively retains its management rights, which include but are not limited to:
• The exclusive right to determine the mission of its constituent departments, commissions and boards;
• Set standards of selection for employment promotions; • Direct its employees;
• Establish and enforce dress and grooming standards;
• Determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
• Maintain the efficiency of governmental operations;
• Determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted;
• Determine the content and intent of job classifications; • Determine methods of financing;
• Determine style and/or types of City-issued wearing apparel, equipment or Packet Page 1221
6 technology, means, organizational structure and size and composition of work force and allocate and assign work by which the City operations are to be conducted; • Determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or subcontract any work or operations of the City;
• Assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
• Establish and modify productivity and performance programs and standards; • Layoff, discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with the applicable law; • Establish employee performance standards including, but not limited to, quality and quantity standards; and,
• Take necessary actions and carry out its mission in emergencies, and to exercise complete control and discretion over its organization and the technology of performing its work.

The City shall be free to exercise its rights under this provision without negotiation or challenge from the Union or employees except where it can be demonstrated that such exercise is contrary to law or a specific limitation placed upon the City in another Article of this Agreement. The City’s failure to exercise any right, prerogative, or function reserved to it or the exercise of any such right, prerogative, or function reserved to it or the exercise of any such right, prerogative, or function in a particular manner, shall not be considered a waiver of the City’s ability to exercise such rights, prerogatives, or functions or preclude the City from exercising the same in some other manner.

Section 4 – Employee Rights
A. Employees of the City have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, including but not limited to: wages, hours and other terms and conditions of employment. Employees of this City shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by employee organizations because of the exercise of these rights.

B. The City, through its representatives, shall meet and confer in good faith with representatives of formally recognized employee organizations regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment.

Section 5 – Agency Personnel Rules
A. Purpose. It is understood and agreed that there exists within the City in written or Packet Page 1222
7 unwritten form, certain personnel rules, policies, practices and benefits generally contained in the applicable City of San Bernardino Municipal Code; The City of San Bernardino Uniform Personnel Rules and Policies, as amended; Resolution No. 10584, Establishing Uniform and Orderly Methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended, and, Resolution No. 10585, Adopting Rules and Regulations Relating to Employer-Employee Relations, as amended, which documents will continue in effect, except for provisions modified by the City Council in accordance with federal or state laws, orders, regulations, official instructions or policies.

B. Department Work Rules. During the term of this MOU, the City may adopt, change or modify work rules. Any such rules impacting wages, hours or other conditions of employment, the Union may request to meet and confer prior to implementation.

C. Personnel Rules. The City represents that in implementing Section 508 of the City of San Bernardino’s new Charter that became effective on January 31, 2017, the following provisions of the previous MOU between the City and the Union, dated July 1, 2006 to June 30, 2009, shall be included as part of the City’s uniform policies:

1. Education Reimbursement

2. Employee Assistance Program (EAP)

3. Catastrophic Leave

4. Injury Leave

5. Leave of Absence without Pay

6. Military Leave

7. Physical Examinations

8. Reasonable Suspicion Drug and Alcohol Testing
These sections will be included as part of the City’s uniform personnel policies and shall be made available to the Union and bargaining unit employees upon completion.

If a conflict arises between the Personnel Rules or the City’s Uniform Policies and the MOU, the MOU shall prevail.

The modification of the City’s Personnel Rules, department work rules and the City’s Uniform Policies may be subject to the meet and confer or meet and consult process to the extent a bargaining obligation exists under applicable law.

Section 6 – Skelly Rights
It is mutually agreed that the City subscribes to the concept and application of progressive discipline for minor offenses. Discipline shall be imposed upon an employee only for just cause.

If the employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public.

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8 When an action for suspension or termination has been taken, subject to appeal, the employee will be apprised of the action, the reason therefore, and will be provided with a copy of the charges including material on which the action was based. Employees have the right to Association representation as provided under Government Code Section 3500 et seq. (Meyers-Milias-Brown Act).

A. The employee shall receive reasonable advance notice of the proposed disciplinary action per the City’s Personnel Rules.

B. The notice shall contain the reasons, charges, and statement of the events or circumstances upon which the proposed action is based.

C. The employee shall be given the materials, if any, upon which the action is based.

D. The employee shall have the right to respond either orally or in writing within five (5) working days of receipt of Skelly package to the appointing authority (Department Head/Division Head) imposing the discipline.

The disciplinary procedure should be used for all serious disciplinary actions, which are normally considered (1) demotions; (2) discharges; (3) reductions in pay; and, (4) suspensions.

Section 7 – Probationary Period
The probationary period for newly hired and promoted employees into positions in this unit shall be 2080 paid hours from the date of hire. “Paid hours” shall include hours actually worked (excluding overtime) and paid leaves such as vacation, holiday, sick leave and compensatory time but shall not include time spent on any leave of absence, including workers’ compensation leave, modified/light duty and military leave.

In addition, the probationary period of new hires may be extended at the discretion of the Department Head for a period not to exceed 1040 hours.

Section 8 – Seniority
Department Heads will consider seniority in authorizing vacations, scheduling shift assignments and transfers. Seniority shall prevail when all other factors are not significantly different. "All other factors" is defined as special qualifications, skills, work performance, as well as attendance and safety. An employee shall not attain seniority until the completion of a probationary period, upon which time the seniority date shall be from the last date of hire within the department, division or section. In the event of layoffs, due to lack of work or funds that the department deems it necessary to reduce the working force, the last employee hired within the classification so reduced shall be the first laid off unless they possess special qualifications or whose loss of skills would adversely affect the public welfare or has superior work performance that can be documented. An employee shall be given at least thirty (30) days notice prior to layoff.

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9 Section 9 – Access to Personnel Records
The City's Human Resources Department shall keep and maintain an official personnel file for each employee. Personnel files are confidential.

Employees or their authorized representatives shall have the right, upon request, to review the contents of their official personnel files. Such review may be made during normal working hours with no loss of pay for time spent, and the employee may be accompanied by their authorized representative, if they wish. Employees desiring to review such records shall make their requests in writing through the Department Head to the Human Resources Department, if it is on City time. All such requests shall be honored by the City within three (3) working days of such requests by the employee or authorized representative's request to review as provided above.

Letters of reference and other matters exempted by law shall be excluded from the right of inspection by the employee.

Section 10 – Bulletin Boards
The City will provide adequate space on bulletin boards in each department/division for the purpose of the Union posting notice of pertinent Union business. The Union agrees that nothing libelous, obscene, defamatory or of a partisan political nature shall be posted. In the event that there is a dispute arising out of the pertinence of any literature the Union chooses to post, the Human Resources Director or designated representative and a Union representative will meet as soon as possible to resolve the problem.

Section 11 – Labor-Management Committee
The Labor-Management Committee shall be established for the purpose of discussing common problems that are not addressed in other existing procedures. In addition, the purpose of the meeting will be to listen to and correct the employee’s safety concerns as it relates to City Policy, OSHA, the MOU, and any other safety regulatory body. The Union and the City shall each designate up to three (3) representatives to serve on the Committee from different departments. The Committee will select a chairperson who will be responsible for receiving items, establishing agendas and informing participants of the time and place of meetings. The Committee shall normally meet at least quarterly or may meet more often if necessary at a mutually agreed upon time and place. Either the City or the Union may request a meeting with the Labor-Management Committee to review issues. Upon request, the other party agrees to meet in an attempt to clarify and resolve the issues. The Union will provide a list of the Committee members to the Director of Human Resources each January and July.

Guests and/or speakers will be allowed to attend based on advance notice to the City and mutual agreement.

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10 Section 12 – Employee Stewards
Teamsters local 1932 may designate no more than four (4) stewards from any Unit.

Employees designated or assigned to a committee will be allowed reasonable release time to contact Teamsters, Local 1932 Business Representatives and participate in required committee meetings. Union stewards shall not receive any additional time or compensation for the designation. Union stewards may represent Middle Management employees in disciplinary action meetings, as required by law, including investigation interviews.

Teamsters Local 1932 shall provide the City an initial list of stewards and thereafter upon request by the City. The position of steward shall not interfere with the daily operations of the City.

ARTICLE II

EMPLOYER-EMPLOYEE RELATIONS
Section 1 – Recognition/ Union Security
The City hereby acknowledges that the Teamsters Local 1932 has been and is recognized by the City as the exclusive representative for the Middle Management Unit employees for purposes of meeting and conferring on wages, hours, and other terms and conditions of employment and for all other matters related to employer-employee relations for these purposes.

The granting of "exclusive" recognition shall not preclude employee self-representation in matters where individual rights, protections and concerns are involved such as grievances and disciplinary matters; provided however, the representation rights of the Union as exclusive representative shall not be compromised thereby.

Section 2 – No Strike/ Work Disruption
It is the purpose of this MOU for the parties hereto, to confirm and maintain the spirit of cooperation, which has existed between the City of San Bernardino and the employees of the City. It is recognized that adequate dispute resolution procedures exist to resolve differences and that any work disruptions are unproductive to City operations and services provided to its citizens. The Union and the City agree that they shall at no time in any way jeopardize the public health, welfare and safety of the City's business and residential communities. Thus, the Union and the City will strive to promote a harmonious relationship between the parties to this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Union shall not, on behalf of itself and its members, individually or collectively, support or sanction or engage in any curtailment or restriction of work. Should any curtailment or Packet Page 1226
11 restriction of work take place, paid leave benefits (sick leave, vacation, etc.) will not be available during such periods of time. The parties shall endeavor to discourage any such work disruptions or curtailment and shall make affirmative efforts to return employees to their jobs in the event that any such work disruption occurs.

Section 3 – Payroll Deduction for Union Dues
The Union shall have the sole and exclusive right to have membership dues, insurance and premiums for plans sponsored by the Union to be deducted by the City from each employee's payroll check upon appropriate written authorization from such employee. Teamsters certifies it shall maintain authorizations for all Teamsters members.

The City shall not be liable to the Union, employees or any other persons by reason of the requirements of this Article for the remittance of any sum other than that constituting actual deductions made from the employee's earned wages. The Union shall hold the City harmless for any and all claims, demands, suits, orders, judgments, or other forms of liability that may arise out of or by reason of action taken by the City under this Article.

In addition, the Union shall refund to the City any amounts paid to it in error, upon presentation of supporting evidence including also the reasonable costs and attorneys' fees incurred by the City in defending against any such claims, demands, orders, judgements, or other forms of liability.

Dues deductions shall be in an amount according to the Bylaws of Teamsters Local 1932 for each member. Any change in the amount of dues deducted shall be by written authorization from the Union with 30 days' notice to the City Finance Department of any change in the amount of dues to be deducted.

Indemnification. The Union acknowledges that it has, and will continue to, comply with all applicable requirements, regulations, and provisions of law pertaining to dues deductions. It is agreed that the City assumes no obligation or liability, financial or other arising out of the provisions of this Article.

The Teamsters shall indemnify, defend and hold the City harmless from any claims made and suits instituted against the City in regard to the application of this Article. The Teamsters’ indemnity and liability obligation is more fully set forth as follows: (1) Teamsters Local 1932 shall defend, indemnify and hold harmless the City of San Bernardino and its officers and employees from any claim, loss, liability, cause of action or administrative proceeding arising out of the operation of this Article. Upon commencement of such legal action, administrative proceeding, or claim, City, immediately upon receipt of notice of such claim, proceeding or legal action shall inform Teamsters of such action, provide Teamsters Local 1932 with all information, documents, and assistance necessary for the Teamsters Local 1932 defense or settlement of such action and fully cooperate with Teamsters Local 1932 in providing all necessary employee witnesses and assistance necessary for said defense. The cost of any such assistance shall be paid by Teamsters Local 1932. Teamsters Local 1932 upon its compromise or settlement of such action or matter shall immediately pay the parties to such action all sums due under such settlement or compromise. Teamsters Local 1932, upon final Packet Page 1227
12 order and judgment of a Court of competent jurisdiction awarding damages or costs to any employee, shall pay all sums owing under such order and judgment.

Section 4 – Employee Lists
The City agrees to provide to the Union as requested, a list of names and other information as required by law of Middle Management employees covered by this MOU.

Section 5 – Employee Orientation/ New Employee Information "New employee orientation" means the onboarding process of a newly hired public employee, whether in person, online, or through other means and mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, or any other employment-related matters.

The City shall provide the Union mandatory access to its new employee orientations. The exclusive representative shall receive not less than ten (10) calendar days' notice in advance of an orientation, except that shorter notice may be provided in a specific instance where there is an urgent need critical to the City's operations that was not reasonably foreseeable.

At all new employee orientations, Union representatives shall be allowed up to thirty (30) minutes exclusive time with bargaining unit employees to explain the coverage of this Agreement, obligations and benefits of Union membership, and to provide all other pertinent information to the employees regarding the Union. Such time may be scheduled in a meeting room or other space provided by the City.

In the event the City does not conduct an in-person new employee orientation, the Union shall have thirty (30) minutes to meet with new bargaining unit employees at their worksite, within fifteen (15) days of their start date, to share information. The Union Representative shall be afforded release time for the meetings described herein.

Section 6 – Non-Discrimination
Neither the City nor the Union shall unlawfully discriminate against any employee because of race, color, ancestry, sex, sexual orientation, age, physical or mental disability, medical condition, national origin, political affiliation, religion, or any other basis as required by federal, state, or local law.

Section 7 – Contract for Services
It is not the intent of the City to contract out work for the sole purpose of causing employees to lose their jobs. If a decision is made by the City to contract work not now contracted, and that decision will result in change in the work conditions or status of employees in the unit, the City agrees to meet and confer in good faith with the Union prior to making a final recommendation to the City Council.

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13 Section 8 – Grievance Procedure
Definition of Employee Grievance: A grievance is an alleged violation of the terms of the MOU or of the application of any laws, ordinances, resolutions concerning or affecting wages, hours or other conditions of employment except as excluded in the following paragraph.

Minor discipline that is not subject to appeal to the Personnel Commission may be filed under this grievance procedure. This procedure is not intended to be used to effect changes in the terms of this MOU or those matters not covered by this MOU.

Additionally, allegations of discrimination and harassment shall be submitted to the Equal Employment Officer/Human Resources Director. The Equal Employment Officer/Director of Human Resources may recommend that the matter be brought as a formal grievance.

Alleged violations of the Employer-Employee Relations Ordinance shall be processed through the procedure contained therein. Disciplinary appeals involving a loss of pay pursuant to the Personnel Rules (e.g. suspension, demotion, termination) shall be filed with the Personnel Commission.

There shall be no parallel appeals on the same issue. As such, the filing of a lawsuit or an action with any administrative agency shall automatically terminate the grievance process.

As used in this procedure, the term "immediate supervisor" means the lowest level of supervisor not within the bargaining unit. The procedure provides a mechanism for settling the grievance informally with the "immediate supervisor," up to and including the Division Head.

If this proves unsatisfactory, the grievance may be formally presented to the Department Head or designee, the Director of Human Resources, and finally to the City Manager who will be the ultimate authority.

The aggrieved employee shall have the right to be represented, if they desire, by the designated Union representative.

Working Day: As used in this section, "working day"' shall refer to the employee’s working day or to the working day of the other party involved (supervisor, Division Head, Department Head, Director of Human Resources, City Manager and/or their designees), depending upon whose response or action is pending.

Procedural Steps for Handling Grievances:

A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances on an informal basis between the employee and a supervisor in the employee's chain of command, up to and including the Division Head. Oral presentation of the grievance must be submitted to the Informal Step within ten (10) working days of the incident causing the grievance or of the grievant’ s knowledge of the incident’s occurrence.

The date and the subject of the incident should be provided with the request for the informal meeting. Within ten (10) working days of the presentation of the grievance, the supervisor shall provide an oral response to the employee. The supervisor will document (for record purposes) their response to the employee in the event the Packet Page 1229
14 grievance proceeds to the Formal level.

When the matter complained of originated at the Department Head level, the initial grievance shall be filed at directly with the Department Head. If the grievance alleges a violation of law, a City uniform policy, ordinance, or resolution, the grievance shall be filed with the Human Resources Director.

B. Formal:

1. If the grievance is not adjusted to the satisfaction of the Union or employee involved, the grievance shall be submitted in writing by the employee or their designated representative to the Department Head or their designee within ten (10) working days from the date of the oral response. The written grievance shall include the date of the incident, a description of the alleged facts, witnesses, and the provision alleged to have been violated. The Department Head or their designee shall meet with the employee and/or their designated representative within the next ten (10) working days of receipt of the written grievance and shall deliver their answer in writing to the employee within ten (10) working days after the meeting.

2. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within ten (10) working days from the date of delivery of said answer. The Director of Human Resources or their designee shall meet with the employee, and if the employee desires, the designated Association representative, within ten (10) working days after receipt of the appeal, shall deliver their answer in writing to the employee within ten (10) working days after the meeting. If the grievance alleges a violation of the application of law, a City Uniform Policy, ordinance, or resolution, the grievance shall be initially filed with the Human Resources Director.

3. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Manager or their designated representative within ten (10) working days from the date of delivery of said answer stating the facts and basis for the complaint and the desired remedy. If the union desires, it may then submit the matter to a neutral hearing officer selected by the parties from a list provided by the State Mediation and Conciliation Service whose decision shall be advisory to the City Manager. Grievances shall only be advanced to advisory arbitration with the agreement of the Union.

The cost for hearing all grievances advanced to an advisory arbitration hearing shall be split equally between the City and Union, including any cancellation fee if both parties are mutually responsible; otherwise the party responsible for the cancellation shall pay the entire cancellation fee. The City Manager or his/her designated representative shall deliver their answer in writing within fifteen (15) calendar days after receipt of the hearing officer’s advisory decision. The decision of the City Manager or their Packet Page 1230
15 designated representative is final and binding on all parties, unless reversed by a court decision.

A Court may only reverse the decision of the City Manager if such decision of the City Manager was determined by the Court to be demonstrably contrary to law or arbitrary and capricious.

All grievances shall be treated as confidential during their pendency, including any appeal, and no publicity shall be given the final resolution of the grievance if it is not subject to disclosure under applicable law.

C. Time Limits: Any formal grievance not answered by the City within the specified time limit listed above shall be deemed settled on the basis of the Union’s original demand (i.e. make whole remedy) unless there are extenuating circumstances or the investigation is continuing. Grievances settled by default shall not establish a precedent as to the interpretation of the disputed language. Likewise, any specified adjustment not appealed by the employee or their designated representative within the specified time limits listed above shall be deemed settled on the basis of the last City official's answer. Timelines as above may be extended by mutual agreement only.

D. Consolidation of Grievances: In order to avoid the necessity of processing numerous similar grievances at one time, a single "class" grievance may be filed as long as the grievances are from employees within a single department or work unit within the department. The City also has the right to consolidate responses to such grievances. If the grievant is a group of three (3) or more employees within a department, the group shall appoint one (1) or two (2) employees who signed the grievance to speak for the collective group throughout the grievance process.

Section 9 – Democrat Republican Independent Voter Education (D.R.I.V.E.) The City agrees to deduct from the paycheck of all employees covered by this agreement, voluntary contributions to D.R.I.V.E. Teamsters Local 1932 shall notify the City of the amounts designated by each contributing employee that are to be deducted from their paycheck on a weekly basis for all weeks worked. The phrase "weeks worked" excludes any work week other than a week in which the employee earned a wage. The City shall transmit D.R.I.V.E National Headquarters on a monthly basis, in one (1) check, the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee's social security number, and the amount deducted from the employee's paycheck.

The International Brotherhood of Teamsters shall reimburse the City annually for the City's actual cost for the expense incurred in administering the weekly payroll deduction plan.

ARTICLE III

COMPENSATION
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16 Section 1 – Salaries
Effective the first full pay period following July 1, 2025, the salary ranges for all unit members shall be increased by three percent (3%) to reflect a cost-of-living adjustment (COLA).

Effective the first full pay period following January 1, 2026, the salary ranges for all unit members shall be increased by two percent (2%).

Effective the first full pay period following July 1, 2026, the salary ranges for all unit members shall be increased by one and twenty-five hundredths percent (1.25%).

Effective the first full pay period following January 1, 2027 the salary ranges for all unit members shall be increased by one and twenty-five hundredths percent (1.25%).

Section 2 – Classification/Compensation Study
The parties agree to an economic reopener commencing in or about April/ May, 2027. The purpose of this reopener is to discuss the classification and compensation study (“Study”) the City is currently conducting and expected to be completed before the start of the 2027-28 fiscal year. Any salary equity adjustments to individual classifications will be considered alongside any across-the-board salary adjustments and other increases in compensation, taking into account such factors as the total cost of bargaining unit compensation, market competitiveness, recruitment/retention, and the availability of financial resources. Annual salary adjustments will be contingent upon available funding and evaluated within the City’s long-term financial plan.

If the City fails to allocate any funds to address pay equity issues, then a three percent (3%) across-the-board increase will go into effect at the beginning of the first full pay period following July 1, 2027. However, if funds are allocated by the City to address pay equity, the parties will negotiate pay equity and/or other economic items and there shall be no automatic or guaranteed across-the-board increase.

It is expressly agreed that the parties may extend the MOU by mutual agreement during this economic reopener.

Section 3 – Retirement Benefits
Union members are provided retirement benefits under the California Public Employees’ Retirement System (CalPERS) as follows:

Tier I: Employees hired on or before October 3, 2011 shall receive a 2.7% @ 55 retirement benefit;
Tier II: CalPERS "Classic Members" hired on or after October 4, 2011 shall receive a 2% @ 55 retirement benefit;
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17 Tier Ill: Cal PERS "New Members" hired on or after January 1, 2013 shall receive a 2% @ 62 retirement benefit in accordance with the Public Employees' Pension Reform Act of 2013 (PEPRA).

Employee Share - Effective 2/1/2013, all Tier I and Tier II employees shall pay the employee's share of the retirement contribution, either 8% for the 2. 7@ 55 formula or 7% for the 2%@ 55 formula. Effective 1/1/2013, Tier Ill employees shall pay the employee contribution required by the PEPRA, calculated at 50% of the normal cost.

Employer Share - Effective 2/1/2013, all employees shall contribute 9.304% (either 1.304% or 2.304% depending whether the employee rate is 8% or 7%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code.

The City will pay the employer contribution for the Fourth Level 1959 Survivor Benefit.

For Tier I and II employees, the final compensation retirement calculation shall be based upon their single highest year of compensation earnable as provided under Section 20042 of the California Government Code. The compensation earnable period for Tier III PEPRA employees will be three years.

The City and the Union acknowledge that the PEPRA laws and regulations shall govern a determination of whether employees are hired as "new members" or "classic or legacy" members.

Section 4 – Overtime
The following three paragraphs (Administrative Leave, Emergency Operations Center and Fluctuating Schedules) apply to all unit employees with the exception of classifications covered under the federal Fair Labor Standards Act (FLSA):

A. Administrative Leave:

1. Unit employees will receive forty (40) hours of administrative leave on July 1 of each year this MOU is in effect. Unused Administrative Leave may not be carried forward from year to year and shall not be paid for at any time except as provided in "A.2" below, employees receiving Administrative Leave shall not earn any additional time off or other compensation for overtime work, except as described below.

2. Additional administrative leave may be granted up to a maximum of twenty (20) hours by a request in writing, including justification, recommended by the employee's department head, and approved by the City Manager (or the Elected Official in nonmanager directed departments) each fiscal year.

At the discretion of the City Manager, upon request by the employee's department head, prior to the close of the fiscal year, a maximum of twenty Packet Page 1233
18 (20) hours may be carried over to the following fiscal years. Administrative Leave has no cash value and shall not be paid out at any time.

3. Employees who are hired into this unit after July 1 of the fiscal year shall receive a prorated number of administrative leave hours based on their hire date. For example, a new employee hired on January 1 of that fiscal year shall receive forty (20) hours of administrative leave.

B. Emergency Operations Center (EOC): The City will pay straight time overtime to unit members assigned to work beyond their regular shifts, when the City's Emergency Operations Center (EOC) is open, when such assignments result from a federal or state- declared disaster declaration and when the overtime worked is expected to be reimbursed to the City by federal, state and/or other funding sources.

C. Fluctuating Schedule: In the event that Unit members must work beyond their regular shift or must work on a regularly scheduled day off to provide support for prescheduled special events, the Department Head or designee has the discretion to implement a fluctuating schedule, whereby the employees will work on the prescheduled special event, in exchange for equivalent time off during the same pay period. Each Department head shall consider any request of an employee as to preference for taking the equivalent time off.

D. FLSA: Article Ill, Section 6 A, shall not apply to the following positions that are eligible to receive overtime under the Fair Labor Standards Act (FLSA):

Dispatcher Supervisor; Traffic Signals & Lighting Supervisor; Police Records Supervisors; Athletic Field Maintenance Specialist; Parks Maintenance Supervisor; Associate Engineer/Traffic; Construction Manager; Maintenance Supervisor/Streets Operation & Maintenance; Maintenance Supervisor/Right of Way Crew; Forensics Supervisor.

E. Only hours actually worked shall be counted for purposes of calculating eligibility for overtime compensation, as appropriate. Approved witness leave and jury duty, as set forth in the MOU will be counted as actual hours worked.

F. Classifications covered by the FLSA shall have the option to participate in a compensatory time bank.

G. Compensatory Time Bank: When an employee works overtime, they shall earn overtime at the FLSA rate. Following prior approval of overtime as described above, the employee will either be paid for the overtime worked, or the number of overtime hours worked will be placed in a compensatory time bank based on the employee's request. The Finance Department (Payroll) will track the compensatory time accrued and used and the compensatory time balance will Packet Page 1234
19 appear on the employee's paycheck. Department Head approval will be required in order for employees to use time from the compensatory time bank.

H. Once an employee's compensatory time bank reaches eighty (80) hours, the employee will be paid for all subsequent overtime worked. By the end of each calendar year, an employee's compensatory time bank must be reduced to forty (40) hours. Any hours in the compensatory time bank in excess of forty (40) hours as of January 1 of each year will be paid at the employee's regular rate of pay and will be included on the second paycheck in March.

I. If the employee terminates employment or if the employee is promoted to another position in the City, the compensatory time bank will be paid off at the then current rate of pay.

At no time can an employees receive both overtime and administrative leave.

Section 5 – Special Event Overtime
Employees who work special events where the City has contracts with third parties to provide services and where the third parties pay for the cost of such labor services shall be entitled to be paid an overtime rate of two times the member's regular rate of pay provided the third party agrees. Such costs may include costs associated with workers' compensation coverage, Medicare, CalPERS contributions and other expenses required by the Teamsters Memorandum of Understanding. The City and the Teamsters acknowledge that under no circumstance shall this provision result in any additional cost to the City.

To be eligible for double time for work performed under such third-party contracts, the third party must agree in writing to indemnify the City against all liabilities and injuries incurred solely from the event, event management, or as a result of actions of event staff.

Special Event shall mean any short-term event of less than 30 days where the services provided are outside of the normal scope of duties of the Union members as to providing routine services to the City of San Bernardino. Special Events shall not include long-term contracts with third parties to provide services for more than 30 days. Special Events shall not include contracts with third parties who are non-profit organizations.

Double time shall mean an increase in pay equal to two times the current regular rate of pay for the individual member assigned to the special event.

Section 6 – Higher Acting Classification Pay
A Middle Management employee who is assigned acting (complete) responsibility in the absence of their superior by the Department Head and approved by the City Manager shall be paid for same as follows:

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20 The rate of pay shall be a step on the range of the higher position, which allows the "acting" employee at least a five percent (5%) increase. The employee shall be paid from the first day of such assignment. To be eligible for acting pay, unit members shall: 1) perform the full range and majority of the duties in a higher-level classification that is unfilled or vacant due to resignation, termination, promotion, an extended leave of absence, or other emergency circumstances; 2) not perform any of the duties of their own job classification while working in the higher level classification; 3) perform the full range and majority of the higher classification duties for a full working day based upon the unit member's work schedule; and, 4) perform the higher classification duties for a minimum of ten (10) cumulative work days.

As a further condition of receiving the higher-level acting pay, the Department designee must complete required Personnel Action Forms (PAFs) and the Department Head and City Manager must approve the request.

Section 7 – Call-Back/Standby Assignment and Pay
For purposes of this section, the term on-call means that the unit member must be available for contact by telephone, and/or radio and be able to report to and work within thirty (30) minutes after notification. A Department Head may assign any unit member to serve on-call in accordance with the needs of the department provided the following conditions are met: 1) all assigned employees shall receive overtime pay if called into work regardless of their exempt or nonexempt status; 2) the employee is not on authorized vacation or sick leave; 3) volunteers for on-call will be considered before assigning other employees.

An on-call period will commence on the end of the working day on Thursday and will continue through the end of the working day of the following Thursday. Unit members designated by the Department Head to be on-call will be compensated for seven (7) hours at their regular hourly rate for each on-call period of duty. A unit member may elect to take time off at their regular hourly rate of pay in lieu of payment. If the unit member elects to take time off rather than to be paid, they must schedule the time off within the following pay period and the proposed time off schedule must be approved by the unit member's supervisor. When a unit member is required to physically respond to a call, they will be compensated at one and one half times threir regularly hourly rate commencing from the time that the call was received and ending at the time of return to their place of residence, but in no instance shall the unit member receive less than two (2) hours for the call out. A unit member who fails to respond to a call or is unable to report to work while assigned on-call duty may be subject to disciplinary action.

There shall be no pyramiding of call back pay (multiple payments of call back) if an employee has not left the workplace when a subsequent call for service is made. In such instances, the employee shall continue to receive the appropriate rate of pay.

Section 8 – Shift Differential
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21 All employees assigned to shift work, within the bargaining unit assigned to the communications division, shall receive the following pay differential, in addition to their regular base rate of pay for actual "shift work" designated as either the "swing" or graveyard" shift.

A. An employee assigned to the swing shift (normal start and ending time of 4:00 p.m. to 12 midnight, respectively) shall receive $85 per month extra for all hours actually worked during such assignment; or,
B. An employee assigned to the graveyard shift (normal start and ending time of 12 midnight to 8:00 a.m., respectively) shall receive $120 per month extra for all hours actually worked during such assignment.

C. Any employee who is permanently assigned to the swing or graveyard shift will receive the additional monthly pay. The additional pay will only begin and end on the 1st and the 15th of the month. Whenever permanent swing or graveyard shift employees work overtime on another shift, their hourly pay will include the additional monthly pay.

D. Any non-swing/graveyard shift employees who work overtime in a swing or graveyard shift will only be paid at the regular rate of pay (no additional differential pay).

E. The Departments, by memo, will inform Payroll which employees are permanently assigned to swing and graveyard shifts and should receive the additional monthly pay.

Permanent is defined as being assigned for 30 calendar days or more.

Section 9 – Personal Tool Replacement Allowance
The City shall provide a tool replacement allowance for damaged, lost or stolen personal tools in an amount not to exceed $500.00 per year, per employee.

Claims against the above tool replacement allowance shall be honored provided when: 1) the personal tools had been required by the City; (2) the tool had been marked and inventoried by the employee; (3) a report of such inventory had been filed with the Department Head; and, (4) said tools had been properly maintained and reasonable care has been taken by the employee to protect from loss or theft. Tools stolen or damaged through no fault of the employee will be replaced by the employee and reimbursement thereof will be made by the City after submission of an appropriate City form accompanied by an approved invoice or receipt. Requests shall be submitted semiannually, in June and December, or upon termination of the employee from City service for any reason. Damaged tools, which are replaced through reimbursement by the City as above, shall be turned into the Department Head and shall become the property of the City.

During the term of this MOU, all new employees to the City hired as Supervising Equipment mechanics, who may be required by their Department Head to purchase personal metric Packet Page 1237
22 tools in order to effectively accomplish work assignments, shall be eligible to receive a onetime tool purchase allowance not to exceed $500.00 to assist in making such purchase.

Employees seeking reimbursement under this Section will provide receipts and backup information and will submit requests on forms provided by the City.

Section 10 – Special Certification Pay
Employees in the following classifications:

A. Senior Code Enforcement Officers; Equipment Maintenance Supervisors; Forensic Specialist Ill; Parks Maintenance Supervisor; and Library Network Administrator shall receive, in addition to their regular compensation, $50 a month payment ($25 paid each pay period) for obtaining and maintaining any of the following certifications:

ICBO or AACE Certificate
ASE designation of Master Certified Mechanic
Certified Pesticide Applicators Permit/License
Certified Playground Safety Inspector
IAI - Certified Latent Print Examiner
IAI - Certified Crime Scene Investigator
Professional Land Surveyor's License
VMware Certificate
Firewall Certificate
It shall be the responsibility of the department and the employee to provide Payroll with a copy of their certifications and or renewal. Certificate pay is limited to $50 per month per eligible employee.

Effective the first full pay period following July 1, 2026, the following certificates will be added to the list of eligible special certification pay where such certification is relevant, but not required for the classification:

Peace Officer Standard and Training (POST) Dispatch Supervisor Certificate IMSA Traffic Signal Technician III (Only the Traffic Signal Technician I (Flex) and Traffic Signal Technician II are eligible)
ISA Certified Arborist
Section 11 – Court Subpoena/Jury Duty
A. All City employees appearing in court on their day off for a work-related court subpoena will receive compensation for the actual time spent in court, with a three (3) hour minimum. Additionally, employees will receive one-half (1/2) hour travel time for going to court. Employees will be reimbursed for all parking fees associated with the court appearance.

B. In the event an employee is placed on standby on their day off for a work-related court subpoena, the employee will receive three (3) hours standby pay for each day on a Packet Page 1238
23 standby status.

C. For morning standby subpoenas where employees are called to court and do not go beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours standby along with one-half (1/2) hour of travel time. If employees have to appear in court after the noon recess, the actual additional time along with one-half (1/2) hour of travel time will be added to the three (3) hours standby. In cases where the subpoena is for 1 :30 p.m. or another time, the standby will start with the time stated on the subpoena.

D. All court-related compensation will be paid as time worked and at the appropriate straight time, or where applicable, at the FLSA overtime rate. Such compensation is in addition to compensation for any prior time actually worked pursuant to such subpoena.

Section 12 – Hazard Pay
A. Unit employees permanently assigned to the encampment cleanup crew in the Public Works Department and hold one of the below positions, will be paid an additional $200 per week ($400 bi-weekly) in addition to their regular pay.

Classification Authorized Staffing Level
Maintenance Supervisor 2
B. Unit employees who are permanently assigned to the encampment cleanup crew will receive additional bi-weekly pay. The additional pay will not be prorated. Whenever permanent cleanup crew employees work overtime on another shift, their hourly pay will include the additional bi-weekly pay.

C. Any non-permanent cleanup crew employees who work overtime on a cleanup crew shift, will only be paid at their regular rate of pay (no additional hazard pay).

D. The Department, by memo, will inform Payroll which employees are permanently assigned to the encampment cleanup crew and should receive the additional biweekly pay. In addition, the Department will inform, by memo, Payroll when removing an employee from the assignment. Permanent is defined as working fourteen (14) days or more.

E. Hazard pay, for employees assigned to the encampment cleanup crew, is not considered CalPERS reportable income.

Section 13 – Longevity
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24 Effective the first full pay period following July 1, 2026, employees, who have reached the following full-time continuous years of service with the City shall be eligible to receive longevity pay, paid out to the employee on a biweekly basis as follows:

Years of Completed
Continuous Service with City Annual Amount
15 $1,200
20 $1,500
25+ $1,800
Annual longevity payments shall be compensation earnable as determined by CALPERS in accordance with applicable law.

Section 14 – Wage Differential
All Mid-Managers shall receive payment at the step in the salary range which is not less than five percent (5%) above their highest paid subordinate.

ARTICLE IV

FRINGE BENEFITS
Section 1 – Health Benefits and Life Insurance
A. Effective the first pay period following July 1, 2025, the City will contribute $755.00 per month toward health premiums for Employee Only, $1,450.00 per month toward employee health premiums for Employee Plus One, and $1,939 per month toward employee health premiums for Employee Plus Family. For the term of this agreement only, health contributions shall be benchmarked at the lowest cost plan (currently Kaiser) each year.

The amount of the City's contribution is based on the selection of the "medical" enrollment category. If an employee elects "employee only" medical coverage, then the "employee only" allowance is provided to the employee. Any contribution not utilized by the employee shall revert to the City.

B. Insurance benefits available for purchase by employees include: medical, dental, vision, and supplemental life and accidental death and dismemberment insurance.

Unless otherwise specified, City contributions cannot be used for any voluntary benefits offered to unit members.

C. An employee must purchase insurance offered through the City in order to utilize the contributions described in Section A above.

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25 D. Employees may use any of the amounts described in Section A to purchase any/all of the insurance benefits described in Section B.

E. Cafeteria monies may be redesigned or a change of plans may be made in accordance with the rules established by the insurance plan selected by the employee.

F. The City shall provide each employee with $10,000 basic life insurance and $25,000 Accidental Death and Dismemberment (AD&D).

G. An employee who does not want to enroll in any health care plan offered by the City must provide evidence of health care insurance coverage, and execute a "Waiver of Benefits and Release Agreement" releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. Employees who elect to waive the City's health care insurance may receive a stipend as shall be determined by the City on an annual basis. The parties acknowledge for the term of this MOU, health care stipends in an amount of $4,000 will be paid to those employees who elect to waive the City's health care insurance will be paid in December of the Plan Year.

Employees must be employed through the end of the last payroll period in November to qualify for this benefit. Unless hired during the benefit year, employees must participate in the program for the full 12 months to receive the full stipend. Employees on payroll on November 30th who were hired during the benefit year and did not work the entire 12-month period shall earn the stipend on a pro-rata basis. Employees who waived insurance benefits during Open Enrollment, but later requested to enroll in benefits prior to November 30th, will not be eligible for any portion of the stipend.

Employees who elect to drop coverage mid-year are not eligible to participate in the stipend program. Employees participating in this option are required to waive all medical, dental, vision, supplemental life and supplemental AD&D coverages provided by the City. Health Care stipends are not considered compensation for purposes of CalPERS retirement calculations and are subject to federal and state withholding taxes.

H. The Union agrees to participate in the City's Joint Labor-Management Health Benefits Committee ("Committee") to evaluate, on an annual basis, City-wide plan designs for health care. All plan designs and City contributions shall be effective on January 1st annually. During the term of this MOU, City reserves the right, and the Union agrees, to reopen this MOU on providers and/or any provision in this Section.

I. All full-time, regular employees will be covered under the City's Long Term Disability (LTD) insurance plan. The City will pay 100% of the LTD insurance plan premiums for full-time, regular employees during the length of this MOU.

J. All full-time, regular employees will be covered under the City's Short Term Disability (STD) insurance plan.

K. Employees must be in a paid status for fifteen (15) consecutive days, in any given month, to receive the benefits of this Article, unless the employee is on a qualifying approved leave, such as Family Medical Leave, and is eligible for benefit continuation under applicable State or Federal law. Members who have been suspended or Packet Page 1241
26 discharged pending an administrative appeal shall be eligible for continuation of benefits pending final disposition of the disciplinary matter by the City's Personnel Commission.

L. The City agrees to meet and confer in the event that the Union can offer a comparative medical benefit plan, available to all City employees without any additional costs to the City, without any commitment on acceptance of such plan.

Section 2 – Retiree Medical
City is agreeable to working with Teamsters, Local 1932 to permit employee participation in Teamsters’ retiree healthcare trust, subject to (1) approval or ratification by unit members and approval by City Council, (2) review of trust documents and other provisions by the City Attorney to ensure that the City has no liability (financial or otherwise), including GASB, (3) compliance by Teamsters and the Trust with all applicable laws, and (4) an understanding that funding of the Trust shall be solely by employees and the City carries no obligation other than to deduct contributions.

It is anticipated that this provision will go into effect no earlier than the second year of this MOU. The parties shall meet and confer and finalize mutually agreeable language prior to implementation of this provision.

Section 3 – Uniforms, Rain Gear & Safety Equipment
If an employee is required to wear uniforms or any type of safety or protective devices as a condition of employment, such uniforms or protective devices shall be furnished to the employee at no cost to the employee.

The City reserves the right to determine the manner in which the work uniforms and protective devices are provided, to select the uniform rental service (as applicable) and to select the style and color of the uniforms/protective devices.

Section 4 – Reimbursement for Professional and Job-Related Activities A. Purpose.

1. To encourage unit members to attend job-related courses, programs, training, conferences, classes, and memberships in professional organizations that will better enable them to perform their present duties and prepare them for increased responsibilities.

2. To provide financial assistance to eligible employees for job related training and professional development.

3. To establish eligibility requirements, conditions, and procedures whereby such assistance may be provided.

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27 B. Eligibility.

1. Applications for reimbursement will be considered only from unit members/ employees who have completed five (5) years of service with the City.

2. Applications will be approved only for courses, conferences, and memberships directly related to the employees' job or directly related to a promotional position in the employee's occupational specialty.

3. Any reimbursement under this Section must be preapproved in accordance with the procedures set forth below. In order to be eligible for reimbursement under this Section, employees must complete appropriate documentation on forms provided by the Finance Department.

C. Reimbursement Procedures. The City will reimburse bargaining unit members for jobrelated courses, programs, training, conferences, classes, and memberships in professional organization as follows:

1. Employees with 5-10 years of service: Up to $500.00/year

2. Employees with 11-15 years of service: Up to $1,000.00/year

3. Employees with 16 or more years of service: Up to $1,500.00/year Reimbursement under this Section is dependent upon available Departmental funds that have been budgeted for each fiscal year.

D. Procedures. To qualify for reimbursement under this Section, employees shall comply with the procedures set forth below:

1. An employee who desires to seek reimbursement must complete the appropriate forms as provided by the Finance Department and submit the documentation to their Department Head for advanced approval.

2. The Department Head will recommend approval or disapproval based upon job relatedness and available budget funds and will forward the request to the Finance Department if the request has been approved.

ARTICLE V
LEAVES
Section 1 – Vacation
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28 A. All employees covered by this MOU shall be entitled to paid vacations as follows:

Completed Years of
Continuous Service
Rate of Accrual Per
Pay Period
Equivalent Hours
Per Year
1 Year** 3.0769 hours 80 hours
5 Years 4.6153hours 120 hours
15 Years 6.1538 hours 160 hours
20 Years 7.6923 hours 200 hours
*Service year begins on initial date of employment in a full-time regular status. ** No vacation granted or accrued if service is less than 1,040 paid hours.

B. The amount of accrual shall not exceed the specified number of hours granted each year.

C. Employees shall not be permitted to work in their City position in lieu of taking vacation in order to receive additional compensation.

D. Except as provided herein, vacation time shall not accumulate or be allowable or payable beyond the calendar year when due. Vacation credits may be accrued and accumulated up to a maximum of two (2) years total accumulated vacation credits, upon approval of the Department Head. Vacations or portions thereof from a prior year may be taken consecutively with vacations or portions thereof of a succeeding year, subject to the approval of the Department Head. Except as approved by the Department Head, no vacation or portion thereof from a prior year shall run consecutively with the vacation of a succeeding year; and, a period of three (3) or more months should normally elapse between the expiration of one (1) year's vacation and the commencement of the next year's vacation.

Request to utilize accrued vacation shall be submitted in writing on City approved forms to the department head. Department Heads shall respond to vacation requests submitted on City approved forms within five (5) workdays. Department Heads shall not unreasonably delay responses to the employee vacation requests. Nothing in this article shall be construed to prevent a response to the employee's request before the expiration of the five (5) workdays.

The vacation period to which any employee shall be entitled shall be assigned by the Department Head in the calendar year when due, except with the Department Head, with the approval of the Mayor, determines that an emergency or other valid factors prevent the employee from utilizing their vacation during the calendar year when due.

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29 Should this occur, the employees’ vacation should be rescheduled at the very earliest mutually acceptable date. Vacation requests will not be unreasonably denied.

E. Upon termination, payment for unearned, but unused vacation, or deduction for used, but unearned vacation, shall be made on the basis of the hourly rate of pay being received by the employee on the date of separation.

F. When an employee returns to work after a break in continuous service, and when such break in continuous service shall have been by leave of absence with the approval of the Mayor and City Council, vacation time shall not accrue during a break in continuous service, but shall accrue from the date of return to service from such approved leave of absence, based upon the total length of service of the employee.

G. Whenever the terms "year or years of employment" appear herein, it shall be deemed to include all services for the City of San Bernardino. Years- of employment do not refer to participants in federally funded, temporary programs, e.g., Job Training Partnership Act (JTPA).

H. The employee shall not lose any vacation time off due to action by the City.

I. In the event an employee is compensated for less than fifty percent (50%) of the payroll period, they shall not be credited with any vacation accrual for that pay period.

J. Employees may sell back up to forty (40) hours of vacation time per year provided the following conditions have been met:

1. Employees must have a minimum of one hundred twenty (120) hours in their vacation balance before sell back occurs.

2. Employees must have taken at least forty (40) cumulative hours of vacation during the past year prior to the sell back of hours.

3. Employees must complete a vacation sell back form, which must include a Department Head signature.

4. Forms must be submitted to the Finance Department on or before April 1st of each year.

5. Payment for vacation sell back hours will be paid (using the current Council approved salary rates in the salary resolution) on the employee's May paycheck each year.

Section 2 – Holiday Leave
A. City-Designated Holidays: All full-time employees within the bargaining unit, with the exception of those employees mentioned in the following paragraphs shall be entitled to thirteen (13) City-designated holidays, the equivalent of up to one hundred and Packet Page 1245
30 thirty (130) holiday hours each year depending upon the employee's work schedule as defined in Article VI, Section 1 of this MOU. The following days will be holidays for the purpose of this MOU:

New Year's Day
President's Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Juneteenth
Labor Day
Traditional Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Plus eighteen (18) hours of Holiday Account time per year (See Subsection C).

B. All full-time employees within the bargaining unit, with the exception of those employees shown in the following paragraph, shall be allowed the above holidays at full pay when such holidays occur within the regularly assigned working periods provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday.

C. Effective January 1st of each year that this MOU is in effect, Unit Members will receive eighteen (18) hours in their Holiday Account (formerly known as Floating Holidays).

Unit Members may maintain a balance of more than eighteen (18) hours in their holiday account during the fiscal year; at June 30th of each year, no more than one hundred and twenty-six (126) hours will be carried over to the new fiscal year, which begins on July 1st. Any Holiday Account hours over one hundred and twenty-six (126) hours at June 30th will be lost. New employees will receive eighteen (18) hours in their Holiday Account following successful completion of their one year probationary period and, thereafter, on January 1st of each year this MOU is in effect.

D. New hire employees who are hired by the City after January 1 of the calendar year shall receive a prorated number of floating holiday leave hours, at the rate of 1.5 hours per month, based on their hire date. For example, a new employee hired on July 1 of a calendar year shall receive nine (9) hours of floating holiday leave.

E. Employees who, due to scheduling, must work on a recognized City holiday will be compensated on the basis of the number of hours worked on said holiday, excluding lunch/dinner break. The hours accruing to the employees’ holiday account for that day shall not exceed either eight (8), nine (9), or ten (10) hours depending upon the employee's work schedule.

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31 If a holiday occurs on a normal day off for an employee, the employee shall receive no additional pay.

The decision as to whether in-lieu time off or pay is to be received shall be based on the availability of funds and needs of the department, as determined by the Department Head. If in-lieu time off is directed by the Department Head, it may be added to the regular annual vacation period, but must be taken within one (1) year of the date said in-lieu time was earned.

F. On or about November 30th of each calendar year, the City Manager shall determine, and the Human Resources Department will distribute, the schedule of specific days that the above holidays will be observed. For example, holidays as listed above may be allowed on a Monday, if any such holiday falls on Sunday, and may be allowed on the preceding Friday, if such holiday falls on a Saturday for all employees except those covered by other provisions therein.

G. Holidays earned in any twelve (12) month period may not be accumulated beyond the total number of holidays allowed each year by this MOU.

H. Upon separation from the City, employees shall be paid for ninety percent (90%) of their current holiday account.

Section 3 – Sick Leave
A. Definition: Sick leave means the absence from duty of an employee because of illness or injury, exposure to contagious disease, attendance upon a member of their immediate family who is seriously ill and requires the care of or attendance of an employee or death in the immediate family of the employee.

1. Sick Leave Usage for Family Members: Bargaining unit members may use unlimited accrued sick leave for the care of an immediate family member.

Immediate family member means husband, wife, grandmother, grandfather, mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, or domestic partner.

2. Sick Leave Usage for Employees: Upon the department's request, an employee must provide a physician's and/or health care provider's statement to justify a sick leave of forty (40) consecutive hours or longer.

Employees suspected of abuse or excessive use of sick leave may also be required to furnish a written statement from their health care provider supporting the use of sick leave and/or the ability to return to work.

No absence due to illness or injury in excess of forty (40) hours shall be approved, except after the presentation of satisfactory evidence of illness or injury. A certificate Packet Page 1247
32 from a practicing physician or an authorized practicing chiropractor may be required by the Department or Division Head and shall be subject to their approval concerning such absence. The City Manager and/or their designee shall have the power to require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by a designated physician, and in the event of an adverse report, to reject such claim for sick leave in whole or in part, and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the City Manager and/or their designee may terminate sick leave compensation and reject any claim therefore. The City Manager and/or their designee shall have the right to require the presentation of a certificate from a practicing physician or the designated physician stating that an employee is physically or psychologically able to perform their work and duties satisfactorily before permitting an employee who has been on sick leave to return to work.

In order to receive compensation while absent on sick leave, employees shall notify their immediate supervisor or designee prior to or within thirty (30) minutes of the time set for beginning their daily duties or as may be specified in department/division work rules. Sick leave with pay shall be granted to all regular employees and to all temporary full-time employees whose positions are funded under federal law who are regularly employed in permanent or federally funded positions if such benefit is required by said federal law. Sick leave shall not be considered as a right which an employee may use at their discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein.

Whenever the term "service to the City" appears herein, it shall be deemed to include all service of the City of San Bernardino.

B. Sick Leave Accruals. Paid sick leave may be used for employee or family illness or for medical reasons or other reasons provided under the City's Paid Sick Leave Policy (AB 1522), adopted by the Mayor and Common Council on June 18, 2015 by Resolution 2015-116 and incorporated into this MOU. After ninety (90) days of employment, a new employee will accrue four (4) hours of sick leave per pay period.

At no time may Unit Members accrue more than 1040 hours of sick leave.

After ninety (90) days of employment, employees who are compelled to be absent from work on account of illness or injury other than that which is compensable under Article V, Section 5, Leave of Absence Without Pay, shall be compensated for sick leave, provided that such compensation shall cease upon the exhaustion of all accumulated sick leave. Employees shall not accumulate sick leave while compensated under the provisions of Article V, Section 5, Leave of Absence Without Pay.

In the event an employee is compensated for less than fifty percent (50%) of the total normal work hours in the pay period, he/she shall accrue no sick leave for such pay period and shall not be credited for the 4.0 hours of sick leave.

Packet Page 1248
33 Whenever the employee uses all allowable sick leave, further absences may be charged against accrued vacation or administrative leave (if eligible), upon approval of the Department Head. If all allowable sick leave has been used and use of accrued vacation and/or administrative leave is disapproved, the employee will take loss of pay for the time not covered by allowable sick leave.

Section 4 – Payment of Sick Leave
At the time of retirement only, an employee having six (6) or more years of service, is eligible for compensation for unused post-petition sick leave as follows: a) 288 hours or less = no cash payment; b) 289-4 79 hours = cash payment of 20% of accrued post-petition sick leave; c) 480-959 =cash payment of 25% of accrued post-petition sick leave; 960 or more hours = cash payment of 35% of accrued post-petition sick leave.

Sick Leave Sell Back: On or before February 15th of each year this MOU is in effect, eligible employees will be allowed to cash out up to forty (40) hours of sick leave per year, providing the employee has at least three hundred and twenty (320) hours in their sick leave account after the sell back.

Employees must complete a sell back form, which must include the Department Head's signature. Forms must be submitted to the Finance Department on or before February 15th each year.

Payment for sick leave sell back will be paid (using the current City Council approved salary rates in the salary resolution) to employees in their March payroll check.

Section 5 – Election Leave
If an employee does not have sufficient time outside of working hours to vote at a statewide election, time off with pay to vote in any general or direct primary elections shall be granted as provided in the State of California Elections Code. Notice that an employee desires such time off shall be given in accordance with the provisions of said Code.

Section 6 – Witness Leave
Employees shall only be entitled to a paid leave of absence when subpoenaed to testify as a witness in civil litigation involving the City, such subpoena being properly issued by a court, agency or commission legally empowered to subpoena witnesses. This benefit shall not apply in any case in which the subpoenaed employee is a party to the action. Witness leave shall not be charged against any accumulated leave balances and shall be compensated at the employee's base hourly rate. Employees shall only be entitled to paid witness leave if they provide a copy of the subpoena to the City within twenty-four (24) hours of receipt.

Section 7 – Other Leaves
The City complies with the applicable provisions of the Federal Family and Medical Leave Act (FMLA), the Federal Pregnancy Discrimination Act (PDA), the California Family Rights Act of 1992 (CFRA), the California Pregnancy Disability Leave Law (PDL), and other medical and/or family leave benefits applicable under both Federal and California law. Applicable Packet Page 1249
34 California and Federal statutory rights and obligations regarding leaves of absence which now exist or that may become in effect during the term of this MOU and are not specifically addressed in this MOU are incorporated by reference or addressed in a City Uniform Policy.

City policies and procedures for administering current and new laws and regulations impacting employee leaves and benefits are available from the City's Human Resources Department.

ARTICLE VI

WORKING CONDITIONS
Section 1 – Work Periods
A. City Work Schedules: City work schedules shall be as herein defined, except as otherwise provided for:

1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty (40) Hour work week consisting of five (5) eight (8) hour workdays, exclusive of any meal periods assigned by management.

2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eighty (80) Work hours in a two (2) week period consisting of eight (8) nine (9) hour workdays, and one (1) eight (8) hour workday, exclusive of any meal periods assigned by management.

3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty (40) hour work week consisting of four (4) ten (10) hour workdays, exclusive of any meal periods assigned by management.

4. 3/12.5 Work Schedule: The 3/12.5 work schedule shall consist of three (3) consecutive 12.5-hour workdays, inclusive of any meal periods assigned by Management. Additionally, with each 28-day work period, employees assigned to the 3/12.5 schedule shall work one (1) 10-hour shift, which shall be scheduled on a day immediately before or after the employee’s regular three-day workweek and shall not include any hours outside of the employee's normal working hours.

The primary work schedule will continue to be the 4/10 work schedule, as defined above, unless changed by action of the Mayor and City Council.

The parties agree to collaborate in identifying a schedule that effectively supports the operational requirements of the dispatch center and appropriately serves the needs of the community.

Work schedules shall be posted on all department bulletin boards showing the employee's shift, work days and where known, hours.

Packet Page 1250
35 B. Work Schedule Adjustments: It is understood and agreed that Department Heads shall establish such work schedules as may be necessary for the efficient and economical provision of services for the public, and to make such adjustment in work shifts as are from time to time required. The City shall give the employees and the Union a two (2) week notice of any proposed changes in scheduled work shifts prior to implementation. If the Union wishes to consult with management regarding the proposed changes, it shall notify the City within seven (7) calendar days from receipt of notice. Upon notification by the Union, both parties shall meet promptly in an earnest effort to reach a mutually satisfactory resolution of any problems arising as a result of the proposed changes. Work schedule changes resulting from an emergency situation or circumstances which disrupt normal City operations as determined by the Department Head are not bound by the two (2) week notice requirement.

ARTICLE VII

GENERAL PROVISIONS
Section 1 – Full Understanding/Waiver
The parties acknowledge that during the meet and confer process which resulted in this MOU each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, Ordinance, Resolution, Personnel and departmental rules and regulations from the scope of negotiable issues and that the understanding arrived at by the parties after the exercise of that right and opportunity are set forth herein. Therefore, the City and the Union, for the life of this MOU, each voluntarily and without qualification waives the right, each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this MOU.

The express provisions of this Agreement for its duration constitute the complete and total contract between the City and Union with respect to wages, hours, and other terms and conditions of employment. Any prior or existing Agreement between the parties, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety.

It is also agreed and understood that nothing in this article shall diminish the rights of the City to exercise its rights under the Management Rights article nor diminish the rights of the Union to meet and confer/consult on the impact of proposed changes in accordance with applicable law.

Section 2 – Severability
It is understood and agreed that this MOU is subject to all current and future applicable federal and state laws and regulations and the current provisions of the Charter, Ordinances, Packet Page 1251
36 Resolutions and other rules and regulations of the City of San Bernardino. If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of those federal, state or City enactments, or it is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provisions shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. The parties hereto agree to refrain from initiating any action that would invalidate any part of the MOU.

Section 3 – Support of Agreement
By entering into this MOU, the City and the Teamsters have arrived at a final understanding through the meet and confer process, resolving any differences which may have arisen during that process. Accordingly, it is agreed that the Teamsters and the City will support the MOU for its term and for purposes of Union ratification and Council Approval. Nothing contained in this MOU shall become binding upon the parties until such time as the City Council, by legislative enactment and allocation of funds, agrees and adopts its terms and conditions.

Section 4 – Term of Memorandum of Understanding
This MOU will run for the period starting July 1,2025 through June 30, 2028.

If negotiations regarding an MOU are in progress at the time the current MOU expires, or if the parties are at impasse, the terms and conditions of the current MOU shall remain in effect as required by law until a successor MOU is adopted by the Mayor and City Council.

Section 5 - Notice of Intent to Reopen
The parties agree that if either party desires to propose changes in the terms or conditions of this MOU for the period following expiration of this MOU, it shall notify the other party at least one hundred and twenty (120) days before the expiration of the MOU. Such notice of intent to reopen shall include a request for a meeting to begin negotiations and establish ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party.

Packet Page 1252
37 SAN BERNARDINO POLICE DISPATCH ASSOCIATION (“SBPDA”)

MEMORANDUM OF UNDERSTANDING
2025 – 2028
Executed this _______ day of ____________________, 2025 ___________________________ ___________________________ Eric Levitt, City Manager Juan Delgado, Teamsters Local 1932 Business Representative (Chief
Negotiator)
___________________________
Sean McClintock
Packet Page 1253
38 ___________________________
Rebecca Taylor
ATTEST:
___________________________
Telicia Lopez, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
___________________________
INDEX
Agency Personnel Rules ............................................................................................. 7 Classification/Compensation Study ............................................................................. 17 Court Subpoena/Jury Duty .......................................................................................... 24 Definition of Terms ...................................................................................................... 4 Employee Orientation/New Employee Information ......................................................13 Employee Rights ......................................................................................................... 7 Health Benefits/Life Insurance .................................................................................... 25 Higher Acting Classification Pay ................................................................................. 21 Holiday Leave ............................................................................................................. 31 Labor-Management Committee .................................................................................. 10 Management Rights .................................................................................................... 6 No Strike/Work Disruption .......................................................................................... 11 Notice of Intent to Reopen .......................................................................................... 38 Overtime ..................................................................................................................... 18 Payment of Sick Leave ............................................................................................... 34 Payroll Deduction for Union Dues .............................................................................. 12 Personal Tool Replacement Allowance ...................................................................... 22 Recognition .................................................................................................................6 Salaries .......................................................................................................................17 Severability ................................................................................................................. 37 Shift Differential .......................................................................................................... 22 Packet Page 1254
39 Sick Leave .................................................................................................................. 32 Special Certification Pay ............................................................................................ 23 Term of Memorandum of Understanding ................................................................... 37 Uniforms, Raine Gear & Safety Equipment ............................................................... 27 Vacation .................................................................................................................... 29 Wage Differential ...................................................................................................... 25 Full Understanding; Waiver ...................................................................................... 36 Working Conditions .................................................................................................. 35 Packet Page 1255

POLICE DISPATCH

EMPLOYEES

MEMORANDUM
OF

UNDERSTANDING
Made and Entered Into Between
The City of San Bernardino
And
The San Bernardino Police Dispatch Association
July 01, 2025, to June 30, 2028
Packet Page 1256
2 TABLE OF CONTENTS
Article/Section Title ___ NO.

Definition of Terms ............................................................................................4 ARTICLE I Administration ............................................................................................. 5 Section 1 – Parties to MOU .............................................................................................. 5 Section 2 – Recognition ................................................................................................... 5 Section 3 – Management Rights ...................................................................................... 5 Section 4 – Employee Rights ........................................................................................... 6 Section 5 – Agency Personnel Rules ............................................................................... 7 Section 6 – Grievance Procedure …................................................................................. 8 Section 7 – Skelly Rights …………….............................................................................. 10 Section 8 – Probationary Period …….............................................................................. 10 Section 9 – Seniority ...................................................................................................... 11 Section 10 – Personnel Files ............................................................................................ 11 Section 11 – Bulletin Boards ............................................................................................ 12 Section 12 – Safety Committee ........................................................................................ 12 Section 13 – Labor-Management Committee .................................................................... 13 Section 14 – Employee Representatives .......................................................................... 13 ARTICLE II Employer-Employee Relations ................................................................. 13 Section 1 – Recognition/ Security ................................................................................... 13 Section 2 – No Strike ………........................................................................................... 13 Section 3 – Payroll Deduction for Dues .......................................................................... 14 Section 4 – Employee Lists ............................................................................................ 15 Section 5 – Budget Documents ...................................................................................... 15 Section 6 – Employee Orientation ………………………………....................................... 15 Section 7 – New Employee Information .......................................................................... 16 Section 8 – Association Logos ....................................................................................... 16 Section 9 – Non-Discrimination ……………………………………....................................16 Section 10 – Contract for Services ....................................................................................17 ARTICLE III Compensation ………………….................................................................. 17 Section 1 – Salaries........................................................................................................ 17 Section 2 – Classification/Compensation Study ............................................................. 17 Section 3 – Retirement Benefits ..................................................................................... 18 Section 4 – Overtime ...................................................................................................... 18 Section 5 – Special Event Overtime ............................................................................... 19 Section 6 – Higher Acting Classification Pay .................................................................. 20 Section 7 – Call-Back/Standby Assignment and Pay ..................................................... 21 Section 8 – Educational Incentive .................................................................................. 22 Section 9 – Shift Differential ………………….................................................................. 23 Section 10 – Bilingual Pay ………..................................................................................... 23 Section 11 – Training Pay ................................................................................................ 23 Packet Page 1257
3 ARTICLE IV Fringe Benefits …………………................................................................. 24 Section 1 – Health Benefits and Life Insurance ............................................................. 24 Section 2 – Uniforms …………………………………………............................................ 26 ARTICLE V Leaves …………………............................................................................... 26 Section 1 – Vacation ...................................................................................................... 26 Section 2 – Holiday Leave.............................................................................................. 28 Section 3 – Sick Leave ………........................................................................................ 30 Section 4 – Payment of Sick Leave ................................................................................ 32 Section 5 – Election Leave ............................................................................................. 32 Section 6 – Witness Leave ............................................................................................. 32 Section 7 – Jury Duty ………………………..................................................................... 33 Section 8 – Other Leaves …........................................................................................... 34 ARTICLE VI Working Conditions …………………......................................................... 34 Section 1 – Work Periods ……….................................................................................... 34 ARTICLE VII General Provisions …………………........................................................... 35 Section 1 – Full Understanding; Waiver ......................................................................... 35 Section 2 – Severability .................................................................................................. 36 Section 3 – Support of Agreement .................................................................................. 36 Section 4 – Term of Memorandum of Understanding ……….......................................... 36 Section 5 – Notice of Intent to Reopen ……………….……….......................................... 37 SIGNATURE PAGE ………………………………………….…………………………………. 38
INDEX ………………………………………….………………………………………………… 39
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4 DEFINITION OF TERMS
Association: The exclusive bargaining representative for Police Dispatch employees.

Break in Service: Refers to a voluntary or involuntary separation from employment with the City or Department, as applicable. An authorized leave of absence does not constitute a break in service.

City: The City of San Bernardino.

Day: For the purposes of sick leave and vacation leave, one (1) “day” shall be defined as the number of hours the employee is scheduled to work on that day as part of their regular work schedule.

Exclusion: Excluded from Police Dispatch for purposes of representation are:
classification titles designated as management/confidential, middlemanagement or safety; positions established and created under federal contract; and temporary, part-time, provisional and probationary individuals.

Mandatory and
Permissive: “Shall” is mandatory; “may” is permissive.

MOU: Memorandum of Understanding.

Police Dispatch: Includes titles listed in the City’s Salary Schedule, as may be amended.

Additional titles in the unit may be established by the Mayor and City Council. Also reference “Exclusions” above.

Probationary
Employee: An employee who has been appointed to a Regular, Full-time position but has not completed their probationary period and has not attained regular status in that position.

Regular Full-Time
Employee: An Employee who has been appointed to a Regular, Full-Time position and has completed their probation period.

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5 ARTICLE I

ADMINISTRATION
Section 1 – Parties to Memorandum of Understanding
The Memorandum of Understanding is made and entered into by and between the City of San Bernardino (“City”) and the San Bernardino Police Dispatch Association (SBPDA), pursuant to Government Code Sections 3500 et seq.

Section 2 – Recognition
The City hereby recognizes the SBPDA as the exclusive representative for the purpose of meeting and conferring with respect to wages, hours, terms and conditions of employment for all regular full-time employees within the classifications as set forth below:

Police Dispatcher I
Police Dispatcher II
Should any valid federal or state law or formal determination of any board or court of competent jurisdiction affect any provisions, those affected provisions shall be made to conform to the law or determination and otherwise this MOU shall continue in full force and effect.

Nothing in the above shall be construed as requiring an employee to join the recognized Association nor to maintain his or her membership in the recognized Association as a condition of employment.

Section 3 – Management Rights
This MOU shall not be deemed to limit or curtail the City in any way in the exercise of the inherent and express rights, powers and authority, which the City had prior to adopting this MOU, except to the extent that the provisions of this MOU specifically curtail or limit such rights, powers and authority. Furthermore, the City retains all its exclusive rights and authority under City Charter, ordinances, resolutions, state and federal laws and expressly and exclusively retains its management rights, which include but are not limited to:
• The exclusive right to determine the mission of its constituent departments, commissions and boards;
• Set standards of selection for employment promotions; • Direct its employees;
• Establish and enforce dress and grooming standards;
• Determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
• Maintain the efficiency of governmental operations;
• Determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted;
• Determine the content and intent of job classifications; Packet Page 1260
6 • Determine methods of financing;
• Determine style and/or types of City-issued wearing apparel, equipment or technology, means, organizational structure and size and composition of work force and allocate and assign work by which the City operations are to be conducted; • determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or subcontract any work or operations of the City;
• Assign work to and schedule employees in accordance with requirements as determined by the City, and establish and change work schedules and assignments upon reasonable notice;
• Establish and modify productivity and performance programs and standards; • Layoff, discharge, suspend, demote, reprimand, withhold salary increases and benefits or otherwise discipline employees in accordance with the applicable law; • Establish employee performance standards including, but not limited to quality and quantity standards; and,
• Take necessary action and carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work.

The city shall be free to exercise its rights under this provision without negotiation or challenge from the Association or employees except where it can be demonstrated that such exercise is contrary to law or a specific limitation placed upon the City in another Article of this Agreement. The City’s failure to exercise any right, prerogative, or function reserved to it or the exercise of any such right, prerogative, or function in a particular manner, shall not be considered a waiver of the City’s ability to exercise such rights, prerogatives, or functions or preclude the City from exercising the same in some other manner.

Section 4 – Employee Rights
A. Employees have the right to a safe and harassment free work environment as set forth in the City’s policy on Non-Discrimination/Workplace Harassment. Employees of the City have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, wages, hours and other terms and conditions of employment. Employees of this City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by employee organizations because of the exercise of these rights. Representation rights of the Association as exclusive representative shall not be interfered with.

B. The City, through its representatives, shall meet and confer in good faith only with representatives of formally recognized employee organizations regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment.

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7 C. Individual Agreement - The City of San Bernardino shall not negotiate with or enter into memorandum of understanding or grant rights or benefits not covered in this agreement to any employee unless such action is with the concurrence of the SBPDA and an authorized bargaining representative of the City. Any such individual agreement that is not in accordance with this provision shall be invalid.

Section 5 – Agency Personnel Rules
A. Purpose. It is understood and agreed that there exists within the City in written or unwritten form, certain personnel rules, policies, practices and benefits generally contained in the applicable City of San Bernardino Municipal Code; The City of San Bernardino Uniform Personnel Rules and Policies, as amended; Resolution No. 10584, Establishing Uniform and Orderly Methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended, and, Resolution No. 10585, Adopting Rules and Regulations Relating to Employer-Employee Relations, as amended, which documents will continue in effect, except for provisions modified by the City Council in accordance with federal or state laws, orders, regulations, official instructions or policies.

B. Department Work Rules. The City may prepare, issue and enforce rules and safety regulations necessary for the safe, orderly, and efficient department operations. A copy of such rules shall be sent to the Association office. The reasonableness of any disciplinary action taken as a result of a violation of any departmental work rule may be determined in the grievance procedure or the appeal process in the Personnel Rules, if applicable, at the employee's election. The City shall make reasonable efforts to acquaint employees with work rules. Work rules shall be uniformly applied.

The Police department will provide a copy of updates to Departmental Work Rules as they occur.

C. Personnel Rules. The City represents that in implementing Section 508 of the City of San Bernardino’s Charter that became effective on January 31, 2017, the following provisions shall be included as part of the City’s uniform policies:

1. Education Tuition Assistance

2. Employee Assistance Program (EAP)

3. Catastrophic Leave

4. Injury Leave

5. Leave of Absence without Pay

6. Military Leave

7. Physical Examinations

8. Reasonable Suspicion Drug and Alcohol Testing
The above sections will be included will be included in the City’s Uniform Policies and shall be made available to the Association and bargaining unit employees upon completion.

If a conflict arises between the Personnel Rules or the City’s Uniform Policies and the Packet Page 1262
8 MOU, the MOU shall prevail.

D. The modification of the City’s Personnel Rules, department work rules and the City’s Uniform Policies may be subject to the meet and confer or meet and consult process to the extent a bargaining obligation exists under applicable law.

Section 6 – Grievance Procedure
Definition of Employee Grievance: A grievance is an alleged violation of the terms of the MOU or of the application of laws, ordinances, resolutions concerning or affecting wages, hours or other conditions of employment. The remedy selected by the employee shall be the exclusive remedy pursued, either through the grievance procedure or through disciplinary appeals to the Personnel Commission. If the employee chooses to appeal disciplinary action to the Personnel Commission, they shall be precluded from filing a grievance. This procedure is not intended to be used to effect changes in the terms of this MOU or those matters not covered by this MOU.

Additionally, allegations of discrimination and harassment shall be submitted to the Equal Employment Officer. The Equal Employment Officer/Director of Human Resources may recommend that the matter be brought as a formal grievance. Alleged violations of the Employer-Employee Relations Ordinance shall be processed through the procedure contained therein.

As used in this procedure, the term "immediate supervisor" means the lowest level of supervisor not within the Police Dispatch representation unit. The procedure provides a mechanism for settling the grievance informally with the "immediate supervisor," up to and including the Division Head.

If this proves unsatisfactory, the grievance may be formally presented to the Department Head or designee, the Director of Human Resources, and finally to the City Manager who will be the ultimate authority.

The aggrieved employee shall have the right to be represented, if they desire, by the designated Association representative.

Working Day: As used in this section, "working day" shall refer to the employee’s working day or to the working day of the other party involved (Supervisor, Division Head, Department Head, Director of Human Resources, City Manager and/or their designees), depending upon whose response or action is pending.

Procedural Steps for Handling Grievances:

A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances on an informal basis between the employee and a supervisor in the employee's chain of command, up to and including the Division Head. Oral presentation of the grievance must be submitted to the Informal Step within ten (10) working days of the incident causing the grievance or of the grievant’ s knowledge of the incident’s occurrence.

The date and the subject of the incident should be provided with the request for the informal meeting. Within ten (10) working days of the presentation of the grievance, Packet Page 1263
9 the supervisor shall provide an oral response to the employee. The supervisor will document (for record purposes) their response to the employee in the event the grievance proceeds to the Formal level.

When a grievance is filed and the matter complained of originated at the Police Chief’s level, the initial grievance shall be filed directly with the Chief of Police. If the grievance alleges a violation of law, a City uniform policy, ordinance, or resolution, the grievance shall be filed with the Human Resources Director.

B. Formal:

1. If the grievance is not adjusted to the satisfaction of the employee involved, the grievance shall be submitted in writing by the employee or their designated representative to the Department Head or their designee within ten (10) working days from the date of the oral response to the informal grievance (Part A). The written grievance shall include the date of the incident, a description of the alleged facts, witnesses, and the provision alleged to have been violated. The Department Head or their designee shall meet with the employee and/or their designated representative within the next ten (10) working days of receipt of the written grievance and shall deliver their answer in writing to the employee within ten (10) working days after the meeting.

2. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within ten (10) working days from the date of delivery of said answer. The Director of Human Resources or their designee shall meet with the employee, and if the employee desires, the designated Association representative, within ten (10) working days after receipt of the appeal, shall deliver their answer in writing to the employee within ten (10) working days after the meeting.

3. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Manager or their designated representative within ten (10) working days from the date of delivery of said answer.

The City Manager or their designated representative shall deliver their answer in writing within ten (10) working days after receipt of the appeal.

4. The decision of the City Manager or their designated representative is final and binding on all parties, unless reversed by a court decision.

5. All grievances shall be treated as confidential, and no publicity shall be given to the final resolution of the grievance.

C. Time Limits: Any formal grievance not answered by the City within the specified time limit listed above shall be deemed settled on the basis of the Association’s original demand (i.e. make whole remedy) unless there are extenuating circumstances or the investigation is continuing. Grievances settled by default Packet Page 1264
10 shall not establish a precedent as to the interpretation of the disputed language.

Likewise, any specified adjustment not appealed by the employee or their designated representative within the specified time limits listed above shall be deemed settled on the basis of the last City official's answer. Timelines as above may be extended by mutual agreement only.

Consolidation of Grievances: In order to avoid the necessity of processing numerous similar grievances at one time, a single "class" grievance may be filed as long as the grievances are from employees within a single department. The City also has the right to consolidate responses to such grievances. If the grievant is a group of three (3) or more employees within a department, the group shall appoint one (1) or two (2) employees who signed the grievance to speak for the collective group throughout the grievance process.

Section 7 – Skelly Rights
It is mutually agreed that the City subscribes to the concept and application of progressive discipline for minor offenses. Discipline shall be imposed upon an employee only for just cause.

If the employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public.

When an action for suspension or termination has been taken, subject to appeal, the employee will be apprised of the action, the reason therefore, and will be provided with a copy of the charges including material on which the action was based. Employees have the right to Association representation as provided under Government Code Section 3500 et seq. (Meyers-Milias-Brown Act).

A. The employee shall receive reasonable advance notice of the proposed disciplinary action per the City’s Personnel Rules.

B. The notice shall contain the reasons, charges, and statement of the events or circumstances upon which the proposed action is based.

C. The employee shall be given the materials, if any, upon which the action is based.

D. The employee shall have the right to respond either orally or in writing within five (5) working days of receipt of Skelly package to the appointing authority (Department Head/Division Head) imposing the discipline.

The disciplinary procedure should be used for all serious disciplinary actions, which are normally considered (1) demotions; (2) discharges; (3) reductions in pay; and, (4) suspensions.

Section 8 – Probationary Period
The probationary period for newly hired and promoted employees into positions in this unit shall be 2080 paid hours from the date of hire. “Paid hours” shall include hours actually worked (excluding overtime) and paid leaves such as vacation, holiday, sick leave and Packet Page 1265
11 compensatory time but shall not include time spent on any leave of absence, including 4850 time, modified/light duty and military leave,
In addition, the probationary period of new hires may be extended at the discretion of the Police Chief for a period not to exceed 1040 hours.

Section 9 – Seniority
Department Heads will consider seniority in authorizing vacations, scheduling shift assignments and transfers. Seniority shall prevail when all other factors are not significantly different. "All other factors" is defined as special qualifications, skills, work performance, as well as attendance and safety. An employee shall not attain seniority until the completion of a probationary period, upon which time the seniority date shall be from the last date of hire within the department, division or section. In the event of layoffs, due to lack of work or funds that the department deems it necessary to reduce the working force, the last employee hired within the classification so reduced shall be the first laid off unless they possess special qualifications or whose loss of skills would adversely affect the public welfare or has superior work performance that can be documented. An employee shall be given at least thirty (30) days notice prior to layoff.

Section 10 – Personnel Files
A. The Human Resources Department shall keep and maintain an official personnel file for employees, which shall contain information relative to the employee. No other files, records or notations shall be official except as may be prepared or used by the City or its counsel in the course of preparation for any pending case, such as the Department of Fair Employment and Housing or Personnel Board matter or grievance.

B. An employee's department may maintain a file pertaining to an employee, which shall contain job-related information only. It shall be the supervisor's responsibility to inform the employee, with a copy thereof, of any detrimental material in the file that may affect the employee's performance evaluation. An employee may grieve over the factuality of, or propriety of, any material in such file. Such files shall be confidential.

Both the City and the Association agree that an employee's failure to challenge any material in such file does not justify the conclusion that the employee is in agreement with any such materials. Such files shall not contain a copy of any disciplinary action against an employee.

C. Employees and/or their authorized representatives, if authorized by the employee, shall have the right, upon written request, to review the contents of their official personnel files and department files. Such review may be made during working hours with no loss of pay for time spent, and the employee may be accompanied by their authorized representative if they wish. Reasonable requests to copy documents in the files shall be honored.

D. A copy of any disciplinary action or material related to employee performance, which is placed in the personnel file, shall be served upon the employee (the employee so noting receipt), or sent by certified mail (return receipt requested) to their last address appearing on the records of the City. It is the obligation of each employee to provide Packet Page 1266
12 the City with their current address.

E. A full-time, permanent employee shall have thirty (30) working days in which to file a written response to an employee performance evaluation entered in their personnel file. Such written response shall be attached to the employee performance evaluation.

The thirty (30) working days will commence with the date the employee receives the evaluation for signature. The Human Resources Department will distribute to all City departments a memorandum explaining employee performance evaluation response procedures for Police Dispatch employees.

F. Employees may request that any documents contained in the file of a derogatory nature will be purged from their files after a period of twenty-four (24) months and no further actions have occurred similar in nature. The department head shall review said request and notify the employee and the SBPDA of their decision in writing within seven (7) calendar days. After review by the Department Head, if the employee is not satisfied with the outcome, the employee may request that the City Manager and/or the Director of Human Resources review all requests to purge negative items from personnel files. The decision of the City Manager and/or the Director of Human Resources as to what will be purged from the personnel files shall be final and binding.

Section 11 – Bulletin Boards
The City will provide adequate space on bulletin boards in each department/division for the purpose of the Association posting notice of pertinent Association business. The Association agrees that nothing libelous, obscene, defamatory or of a partisan political nature shall be posted. In the event that there is a dispute arising out of the pertinence of any literature the Association chooses to post, the City Manager or their designated representative and an Association representative will meet as soon as possible to resolve the problem.

Section 12 – Safety Committee
There is established a City-wide Safety Committee in which the Police Dispatch Employees have membership. The SBPDA shall appoint two (2) members to the Safety Committee. The appointments should not include more than two members and one alternate. The Committee will review all recordable accidents (both City equipment and personal injury of City employee) and make recommendations to the City Manager or their designee for all corrective actions in establishing better job safety.

The Safety Committee shall forward to SBPDA, if requested, a copy of all minutes, findings and recommendations that pertain to SBPDA employees at the conclusion of each meeting.

Section 13 – Labor-Management Committee
The SBPDA will designate two (2) representatives to meet with the City on a mutually agreeable basis to discuss matters pertinent to the welfare of the City and employees. The Association may have additional representatives present when appropriate for the discussion of scheduled matters. Normally, such meetings shall be during working hours. In addition, the purpose of the meeting will be to listen and correct employees’ safety concerns as it relates to City policy, OSHA, the MOU, and any other safety regulatory body.

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13 Section 14 – Employee Representatives
SBPDA may designate no more than two (2) representatives who will be allowed reasonable release time to contact SBPDA Business Representatives and participate in required committee meetings. Association representatives shall not receive any additional time or compensation for the designation. Association representatives may, if requested, represent Police Dispatch employees in disciplinary action meetings, as required by law (e.g. Skelly meetings), including investigation interviews. SBPDA shall provide the City an initial list of stewards and thereafter upon request by the City. The position of association representative shall not interfere with the daily operations of the City.

ARTICLE II

EMPLOYER-EMPLOYEE RELATIONS
Section 1 – Recognition/ Security
The City hereby acknowledges that the SBPDA is recognized by the City as the exclusive representative for the Police Dispatch employees for purposes of meeting and conferring on wages, hours, and other terms and conditions of employment and for all other matters related to employer-employee relations for these employees. The granting of "exclusive" recognition shall not preclude employee self-representation in matters where individual rights, protections and concerns are involved, such as grievances and disciplinary matters; provided, however, the representation rights of the Association as exclusive representative shall not be compromised thereby. If a unit member does not wish to be represented by the Association in matters pertaining to grievances and disciplinary appeals and wishes to represent themself, such member shall be required to provide the Association and the City with a signed statement waiving the right to Association representation in such matters.

Section 2 – No Strike
It is the purpose of the MOU, for the parties hereto, to confirm and maintain the spirit of cooperation, which has existed between the City and the employees of the City. It is recognized that adequate dispute resolution procedures exist to resolve differences and that any work disruptions are unproductive to City operations and services provided to its citizens.

The Association and the City agree that they shall, at no time or in any way, jeopardize the public health, welfare and safety of the City's business and residential communities. Thus, the Association and the City will strive to promote a harmonious relationship between the parties to this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Association shall not, on behalf of itself and its members, individually or collectively engage in, support or sanction any curtailment or restriction of work at any time during the term of this MOU. The parties shall endeavor to discourage any such work disruptions or curtailment and shall make Packet Page 1268
14 affirmative efforts to return employees to their jobs in the event that any such work disruption occurs.

Section 3 – Payroll Deduction for Dues
It is agreed that the Association membership dues shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues deducted from the pay warrants of employees covered hereby shall be made to the Association within 30 days after the conclusion of the month in which said membership dues were deducted.

The City shall not be liable to the Association, employees or any other persons by reason of the requirements of this section for the remittance of any sum other than those constituting actual deductions made from the employee wages earned. The Association shall hold the City harmless from any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of, or by reason of, action taken by the City under this section.

Indemnification. The Association acknowledges that it has, and will continue to, comply with all applicable requirements, regulations, and provisions of law pertaining to dues deductions.

It is further agreed that the City assumes no obligation or liability, financial or other arising out of the provisions of this Article.

The Association shall indemnify, defend and hold the City harmless from any claims made and suits instituted against the City in regard to the application of this Article. The Associations' indemnity and liability obligation is more fully set forth as follows: (1) SBPDA shall defend, indemnify and hold harmless the City of San Bernardino and its officers and employees from any claim, loss, liability, cause of action or administrative proceeding arising out of the operation of this Article. (2) The City, immediately upon receipt of notice of such claim, proceeding or legal action shall inform SBPDA of such action, provide SBPDA with all information, documents, and assistance necessary for the Associations’ defense or settlement of such action and fully cooperate with SBPDA in providing all necessary employee witnesses and assistance necessary for said defense. The cost of any such assistance shall be paid by SBPDA. SBPDA upon its compromise or settlement of such action or matter shall immediately pay the parties to such action all sums due under such settlement or compromise. SBPDA, upon final order and judgment of a Court of competent jurisdiction awarding damages or costs to any employee, shall pay all sums owing under such order and judgment.

Section 4 – Employee Lists
The City shall provide a list of names and other information as required by law to the Association as requested.

Section 5 – Budget Documents
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15 The City agrees to provide or make available electronically to the Association a copy of the annual financial report, preliminary budget, final budget and resolutions or ordinances as requested by the Association.

Section 6 – Employee Orientation
The City will distribute the Memorandum of Understanding, or contract term and conditions, as part of the employee orientation program conducted by the City for new employees. The City will allow the Association to make a presentation at employee orientations no later than the Friday preceding the employee’s start date.

New employee orientation generally means an “in person” meeting designated as such and scheduled with representatives of the City to advise and inform new employees of their employment benefits, responsibilities, City Rules, and other similar related matters.

Notice Requirements
The City will make every effort to provide written notice (by email, letter, or text) to the Association of all new employee orientations. The Association’s exclusive representative shall receive not less than 10 days’ notice in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer’s operations that was not reasonably foreseeable. The new employee orientation notice provided to the Association shall include the date, time, and location of the orientation.

This will allow for proper scheduling to ensure that a representative from the Association are available to meet with the employee prior to or following the orientation session. If the Association or its representative are not available on the day or time the City has scheduled its orientation, the City will allow the Association to meet with the new employee within 30 calendar days of hire.

During the new employee orientation, the City shall make every effort to provide a written statement, obtained from the Association to each new employee hired into a position/classification represented by the Association, that the employee’s position is represented by the Association. To properly identify current Association leaders, the Association will provide a roster of representative(s) to the City prior to such orientation.

The Association will be provided the opportunity for one (1) representative to meet with the new employee for up to 45 minutes of uninterrupted private time prior to or following new employee orientation. The Association may provide written materials, including a packet of information, to the new employee(s). The Association agrees in its portion of the orientation not to engage in speech that could cause substantial disruption or material interference with City business and activities and to comply with all City policies and procedures.

The Association’s presentation will be conducted during paid City time as a regular part of the new employee orientation. At no time shall any Association member incur any overtime or additional costs to the City. The Association will provide the Human Resources Department, at least 48 working hours in advance notice, of the name of the Association member who they wish to attend the orientation.

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16 Section 7 – New Employee Information
Upon request by the Association, the Human Resources Department will furnish the Association with information on new Police Dispatch employees, excluding their home addresses. Data will include name, job title, department, work location, work, home and personal cellular telephone numbers, and personal email addresses on file, if any.

Section 8 – Association Logos
A. Police Dispatch employees wishing to demonstrate their support for, or affiliation with, SBPDA shall be permitted to wear an Association button, badge, logo, or pin as long as the button, badge, logo, or pin does not create a safety or health issue or interfere with the efficient operations of the employer.

B. In consideration of the above, said button, badge, logo, or pin must be consistent with all of the following:

1. Removable;

2. For uniformed employees only, it must be centered and fit on the pocket flap or in the area where the pocket flap is supposed to be on the jacket, shirt, blouse, or sweater;

3. It may not carry a message that is libelous, obscene or defamatory.

C. Police Dispatch employees will be permitted to wear an Association button or pin as long as it does not create a safety or health issue, interfere with the efficient operations of the employer, or conflict with previously adopted uniform standards in department work rules/operating procedures.

Section 9 – Non-Discrimination
Neither the City nor the Association shall unlawfully discriminate against any employee because of race, color, ancestry, sex, sexual orientation, age, physical or mental disability, medical condition, national origin, political affiliation, religion, or any other basis as required by federal, state, or local law.

Section 10 – Contract for Services
It is not the intent of the City to contract out work for the sole purpose of causing employees to lose their jobs. If a decision is made by the City to contract work not now contracted, and that decision will result in changes in the work conditions or status of employees in the unit, the City agrees to meet and confer in good faith with the Association prior to making a final recommendation to the City Council. If the City puts out a bid for contract services, the Packet Page 1271
17 affected department will have the opportunity to bid for services. Contract awards are subject to the City Council approval and will not be part of this agreement.

ARTICLE III

COMPENSATION
Section 1 – Salaries
Effective the first full pay period following July 1, 2025, the salary ranges for all unit members shall be increased by two and a half percent (2.5%) to reflect a cost-of-living adjustment (COLA), effective the first full pay period following January 1, 2026, the salary ranges for all unit members shall be increased by two percent (2%). Effective the first full pay period following July 1, 2026, the salary ranges for all unit members shall be increased by three and a half percent (3.5%), unless increases in City revenues fall below 3.75%. In which case the salary ranges for all unit members shall be increased by one and seventy-five hundredths (1.75%) effective the first full pay period following July 1, 2026, AND by one and seventy-five hundredths (1.75%) effective the first full pay period following January 1, 2027. All salary ranges for classifications represented by the SBPDA shall be amended by the City Council in accordance with these provisions.

Section 2 – Classification/Compensation Study
The parties agree to an economic reopener commencing in or about April/ May, 2027. The purpose of this reopener is to discuss the classification and compensation study (“Study”) the City is currently conducting and expected to be completed before the start of the 2027-28 fiscal year.

Any salary equity adjustments to individual classifications will be considered alongside any across-the-board salary adjustments and other increases in compensation, taking into account such factors as the total cost of bargaining unit compensation, market competitiveness, recruitment/retention, and the availability of financial resources. Annual salary adjustments will be contingent upon available funding and evaluated within the City’s long-term financial plan.

If the City fails to allocate any funds to address pay equity issues, then a three percent (3%) across-the-board increase will go into effect at the beginning of the first full pay period following July 1, 2027. However, if funds are allocated by the City to address pay equity, the parties will negotiate pay equity and/or other economic items and there shall be no automatic or guaranteed across-the-board increase.

It is expressly agreed that the parties may extend the MOU by mutual agreement during this economic reopener.

Section 3 – Retirement Benefits
SBPDA members are provided retirement benefits under the California Public Employees’ Retirement System (CalPERS) as follows:

Tier I: Employees hired on or before October 3, 2011 shall receive a 2.7% @ 55 Packet Page 1272
18 retirement benefit;
Tier II: CalPERS "Classic Members" hired on or after October 4, 2011 shall receive a 2% @ 55 retirement benefit;
Tier Ill: Cal PERS "New Members" hired on or after January 1, 2013 shall receive a 2% @ 62 retirement benefit in accordance with the Public Employees' Pension Reform Act of 2013 (PEPRA).

Employee Share - Effective 2/1/2013, all Tier I and Tier II employees shall pay the employee's share of the retirement contribution, either 8% for the 2. 7@ 55 formula or 7% for the 2%@ 55 formula. Effective 1/1/2013, Tier Ill employees shall pay the employee contribution required by the PEPRA, calculated at 50% of the normal cost.

Employer Share - Effective 2/1/2013, all employees shall pay 1.304% of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code.

The City will pay the employer contribution for the Fourth Level 1959 Survivor Benefit.

For Tier I and II employees, the final compensation retirement calculation shall be based upon their single highest year of compensation earnable as provided under Section 20042 of the California Government Code. The compensation earnable period for Tier III PEPRA employees will be three years.

The City and SBPDA acknowledge that the PEPRA laws and regulations shall govern a determination of whether employees are hired as "new members" or "classic or legacy" members.

Section 4 – Overtime
All employees in Police Dispatch will receive overtime based on the requirements of the Fair Labor Standards Act (FLSA). Employees shall be paid overtime compensation at the FLSA rate for all hours worked over 40 hours in the designated work week. Holiday, compensatory time, concession leave, workers’ compensation, and authorized unpaid leave hours shall not apply towards hours worked in the work week.

Overtime work shall not be authorized unless the employee has obtained the prior approval of their Department Head or designated Division Head. Emergency overtime work may be authorized by the employee's supervisor without such prior approval, if obtained at the earliest possible time after the performance of emergency work.

In instances where standby and call-back work is required and directed, it shall be regulated by, and paid in accordance with, the provisions contained in Article III, Section 6.

Compensatory Time Bank: When an employee works overtime, they shall earn overtime at the FLSA rate. Following prior approval of overtime as described above, the employee will Packet Page 1273
19 either be paid for the overtime worked or the number of overtime hours worked will be placed in a compensatory time bank, based on the employee's request. The Finance Department (Payroll) will track the compensatory time accrued and used, and the compensatory time balance will appear on the employee's paycheck. Department Head approval will be required in order for employees to use time from the compensatory time bank.

Once an employee's compensatory time bank reaches eighty (80) hours, the employee will be paid for all subsequent overtime worked. By the end of June 30 each year, an employee's compensatory time bank must be reduced to forty (40) hours. Any hours in the compensatory time bank in excess of forty (40) hours as of June 30 of each year will be paid at the employee's regular rate of pay and will be included on the first paycheck in December.

If the employee terminates employment or if the employee is promoted to a position in the City, the compensatory time bank will be paid off at the then current rate of pay.

Daylight Savings Time:

Employees required to work during daylight savings time when their shift is extended by one (1) hour (clocks are turned back one (1) hour) will be compensated for that hour.

Employees required to work when their shift is reduced by one (1) hour (clocks are turned forward one (1) hour) will be deducted one (1) hour of compensation time.

Section 5 – Special Event Overtime
SBPDA members who work special events where the City has contracts with third parties to provide public safety services and where the third parties pay for the cost of such labor services shall be entitled to be paid an overtime rate of two times the member's regular rate of pay provided the third party agrees. Such costs may include costs associated with workers' compensation coverage, Medicare, CalPERS contributions and other expenses required by the SBPDA Memorandum of Understanding. The City and the SBPDA acknowledge that under no circumstance shall this provision result in any additional cost to the City.

To be eligible for double time for work performed under such third-party contracts, the third party must agree in writing to indemnify the City against all liabilities and injuries incurred solely from the event, event management, or as a result of actions of event staff.

Special Event shall mean any short-term event of less than 30 days where the services provided are outside of the normal scope of duties of the SBPDA as to providing routine dispatch services to the City of San Bernardino. Special Events shall not include long-term contracts with third parties to provide services for more than 30 days. Special Events shall not include contracts with third parties who are non-profit organizations.

Double time shall mean an increase in pay equal to two times the current regular rate of pay for the individual member assigned to the special event.

Section 6 – Higher Acting Classification Pay
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20 Upon approval by the City Manager, a Department/Division Head may assign or reassign a qualified unit employee to discharge the duties of a higher classification when a position is vacant or in the absence of the incumbent due to resignation, termination, promotion, or an extended leave of absence, or other emergency circumstances.

An employee assigned in writing by the Department/Division Head, with the approval of the City Manager, shall receive acting duty pay starting on the sixth consecutive day of each acting duty assignment. No acting duty pay will be paid for the first five (5) days of each acting duty assignment, except for those employees who can prove that they have served a total of twenty (20) days in a higher-acting classification during the previous twenty-four (24) months, based upon their official Human Resources Department records. No Police Dispatch employee that is on probation shall be placed in a higher acting classification. Further, no Police Dispatch employee shall be in a higher acting classification for more than one (1) year.

As a condition to receiving the higher acting pay, the Department designee must complete the required Personnel Action Forms (PAFs) and the Department Head and the City Manager must approve the request.

An employee assigned to work in a higher classification on an acting basis shall receive at least five percent (5%) above their current base rate of pay.

The City will not circumvent the intent of this article by using various employees to thwart the intention of this article.

Employees who believe they are performing duties of a higher level outside of their current classification, and who believe they have been unable to resolve the situation satisfactorily, shall have the right to appeal their issue via the current grievance procedure (Article I, Section VI).

To be eligible for higher acting pay, unit members shall: 1) perform the full range and majority of the duties in the higher-level classification that are unrelated to an employee’s current classification; and, 2) perform the full range and majority of the higher classification duties for five full working days based upon the unit member’s assigned work schedule.

Section 7 – Call-Back/Standby Assignment and Pay
An employee who is free to engage in their own pursuits while off duty, subject only to carrying a cellphone, is not working while on standby. If called back, the employee shall be paid for the time actually worked in accordance with Article Three, Section IV (Overtime).

If a Department Head places an employee on standby, defined as the employee being in a state of readiness and immediate availability to come to work outside of their normal work hours, the SBPDA and the City hereby agree that the following is compensation in full for the hours of work of the employee when in such standby status:

Standby Status Hours Compensated
For the employee's five (5) work days during their
work week (or prorate at 1.5 hours/day)

7.5 hours for 5 days
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21 For the employee's two (2) non-work days during
their work week (or pro rate at 2.0 hours/day)
4 hours for 2 days
OR,
For all seven (7) days during a work week 10 work hours AND,
For any holiday, as described in this MOU, during
which the employee stands by for all or any portion
of the 24-hour day
2 extra work hours per scheduled
holiday - added to the above
Payment for hours described above shall be compensated at the regular rate of pay.

Police Dispatch Call-Back Pay: An employee cannot be in standby status and call-back status at the same time.

Employees not formally assigned to standby status may still be called back to work. If reached by their supervisor and called back to work, the employee will be paid for actual hours of work at the FLSA overtime rate of time-and-one-half (1-1/2) unless the employee has worked less than forty (40) hours in the work week due to use of paid or unpaid sick time, vacation, holiday, and compensatory time. In such cases, employee will be paid straight time. An employee called back to work shall be paid for a minimum of two (2) hours of work.

The Police Dispatch employees covered by this MOU are not so severely restricted in their activities while in standby status as to be "working while 'on call'" as that term is used in the Fair Labor Standards Act 29 CFR 785.17.

The Department will prepare a qualified list of employees for call-back/standby. Department Heads will consider the following factors in establishing and maintaining callback and standby lists: employee seniority; special qualifications and skills.

When assigning call-back and standby on a rotation basis, only the employee who appears first on the list may reject an assignment to call-back or standby. Rejecting an assignment will automatically place the first employee at the bottom of the list. The employee listed next must take the assignment.

Departments and Divisions may use procedures that vary from the above, if the procedures are: (1) consistent with Department/Division work rules; or, (2) implemented result of an emergency situation.

Employee Court Subpoena Time: All City employees appearing in court on their day off for a work-related court subpoena will receive compensation for the actual time spent in court, with a three (3) hour minimum. Additionally, employees will receive one-half (1/2) hour travel time for going to court. Employees will be reimbursed for all parking fees associated with the court appearance.

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22 In the event an employee is placed on standby on their day off for a work-related court subpoena, the employee will receive three (3) hours standby pay for each day on a standby status.

For morning standby subpoenas where employees are called to court and do not go beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours standby along with one-half (1/2) hour of travel time. If employees have to appear in court after the noon recess, the actual additional time along with one-half (1/2) hour of travel time will be added to the three (3) hours standby. In cases where the subpoena is for 1:30 p.m. or another time, the standby will start with the time stated on the subpoena.

All court-related compensation will be paid as time worked and at the appropriate straight time, or where applicable, at the FLSA overtime rate. Such compensation is in addition to compensation for any prior time actually worked pursuant to such subpoena.

It is hereby agreed by and between the parties hereto that the Police Dispatch employees covered by this provision are not so severely restricted in their activities while on standby status as to be "working while 'on call'," as that term is used in the Fair Labor Standards Act 29 CFR 785.17.

Section 8 – Educational Incentive
Effective the first full pay period following July 1, 2027, all employees shall be entitled to receive in addition to their regular salary and as may be appropriate, an incentive payment as outlined below.

Forty-two dollars and fifty cents ($42.50) additional compensation per month shall be paid to each dispatcher who has obtained a Peace Officer Standards Training (POST) Intermediate Public Safety Dispatcher Certificate.

Section 9 – Shift Differential
Association employees shall receive the following pay differential in addition to their pay for actual shift work designated as either the swing or graveyard shift.

A. An employee assigned to the swing shift (normal start and ending time of 4:00 p.m. to 2:00 a.m., respectively, or where the majority of their scheduled hours fall between those hours) shall receive $65 per month extra for all hours actually worked during such assignment; or,
B. An employee assigned to the graveyard shift (normal start and end time of 9:00 p.m. to 7:00 a.m., respectively, or where the majority of their scheduled hours fall between those hours) shall receive $100 per month extra for all hours actually worked during such assignment.

C. Any non-swing/graveyard shift employees who work overtime in a swing or graveyard Packet Page 1277
23 shift will only be paid at the regular rate of pay (no additional differential pay).

D. The Departments, by memo, will inform Payroll which employees are permanently assigned to swing and graveyard shifts and should receive the additional monthly pay.

Permanent is defined as working thirty (30) days or more.

Section 10 – Bilingual Pay
Police Dispatch employees, as designated by the City Manager and who meet the certification and eligibility requirements as developed by the City, shall be compensated at the rate of seventy-five dollars ($75) per month. The duties of the employee receiving bilingual pay may be reviewed annually to determine that bilingual duties assigned to an employee are being performed on a regular and frequent basis. The designated employees may be tested annually for certification and recertification.

The City shall determine the number of eligible employees based on the consideration of such factors as most critical need and financial resources/constraints. The City Manager or designee will retain the right to select the eligible employees. The City shall reserve the right to determine languages for which testing will be conducted.

Section 11 – Training Pay
Parties agree to establish a working group within 30-60 days after City Council approves the MOU regarding training program requirements for new dispatchers. As a condition to receiving training compensation under this Section, all training assignments must be designated as to length and scope of training on Departmental forms. All training assignments must also be approved in writing by the Department Head or their designee prior to the commencement of the training assignment.

Qualified employees who are assigned to train a new dispatcher for a minimum of one week or longer will receive compensation of five percent (5%) of their base pay per week.

Training assignments may be discontinued at any time and for any reason, and will be based, in part, upon the needs and budget of the Department.

The position that qualifies for a training pay program includes Dispatcher II (assuming all Dispatcher I flex to Dispatcher II when completing probation/training).

ARTICLE IV

FRINGE BENEFITS
Section 1 – Health Benefits and Life Insurance
A. The City will contribute $738.00 per month toward health premiums for Employee Only, $1,450.00 per month for Employee Plus One, and $1,939.00 per month for Employee Plus Family.

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24 Employee Only Coverage. Effective at the beginning of the next health insurance premium adjustment following July 1, 2025, and each premium adjustment annually thereafter, the City shall continue to pay up to 100% of the cost of Employee Only coverage for the lowest cost plan (currently Kaiser) for the duration of the MOU. The City shall continue to contribute the amount of the lowest cost plan towards health premiums for employees who choose a higher cost plan for Employee Only coverage. The employee shall continue to be responsible for paying the difference in premium costs for the higher cost plan.

Employee Plus One Coverage. Effective at the beginning of the next health insurance premium adjustment following July 1, 2025, and each premium adjustment annually thereafter, employees enrolled in Employee Plus One coverage shall pay up to the first $30 per month in premium increase of the lowest cost plan (currently Kaiser) each year that this MOU is in effect. The same amount of increase shall apply each year to employees who choose the higher cost plan.

That is, employees who choose the higher cost plan for Employee Plus One coverage shall also pay the same amount of increase, up to the maximum $30 per year increase, as employees in the lowest cost plan, in addition to any difference in cost between the higher cost plan and the lowest cost plan they are currently contributing.

Employee Plus Family Coverage. Effective at the beginning of the next health insurance premium adjustment following July 1, 2025, and each premium adjustment annually thereafter, employees enrolled in Employee Plus Family coverage shall pay up to the first $55 per month in premium increases of the lowest cost plan each year that this MOU is in effect. The same amount of increase each year shall apply to employees who choose the higher cost plan. That is, employees who choose the higher cost plan for Employee Plus Family coverage shall also pay the same amount of increase, up to the maximum $55 per year increase, as employees in the lowest cost plan in addition to any difference in cost between the higher cost plan and the lowest cost plan they are currently contributing.

The amount of the City’s contribution is based on the selection of the “medical” enrollment category. If an employee elects “employee only” medical coverage, then the “employee only” allowance is provided to the employee. Any contribution not utilized by the employee shall revert to the City.

B. Insurance benefits available for purchase by employees include: medical, dental, vision, and supplemental life and accidental death and dismemberment insurance.

Unless otherwise specified, City contributions cannot be used for any voluntary benefits offered to unit members.

C. An employee must purchase insurance offered through the City in order to utilize the contributions described in Section A above.

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25 D. Employees may use any of the amounts described in Section A to purchase any/all of the insurance benefits described in Section B.

E. Cafeteria monies may be redesigned or a change of plans may be made in accordance with the rules established by the insurance plan selected by the employee.

F. The City shall provide each employee with $10,000 basic life insurance and $25,000 Accidental Death and Dismemberment (AD&D).

G. An employee who does not want to enroll in any health care plan offered by the City must provide evidence of health care insurance coverage, and execute a “Waiver of Benefits and Release Agreement” releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. Employees who elect to waive the City’s health care insurance may receive a stipend as shall be determined by the City on an annual basis. The parties acknowledge, for the term of this MOU, health care stipends are in an amount of $3,500, will be paid to those employees who elect to waive the City’s health care insurance, and will be paid in December of the Plan Year. Employees must be employed through the end of the last payroll period in November to qualify for this benefit. Unless hired during the benefit year, employees must participate in the program for the full 12 months to receive the full stipend.

Employees on payroll on November 30th who were hired during the benefit year and did not work the entire 12-month period shall earn the stipend on a pro-rata basis.

Employees who waived insurance benefits during Open Enrollment, but later requested to enroll in benefits prior to November 30th, will not be eligible for any portion of the stipend. Employees who elect to drop coverage mid-year are not eligible to participate in the stipend program. Health Care stipends are not considered compensation for purposes of CalPERS retirement calculations and are subject to federal and state withholding taxes.

H. The Association agrees to participate in the City’s Joint Labor-Management Health Benefits Committee (“Committee”) to evaluate, on an annual basis, City-wide plan designs for health care. All plan designs and City contributions shall be effective on January 1st annually. During the term of this MOU, the City reserves the right, and the Association agrees, to reopen this MOU on providers and/or any provision in this Section.

I. All full-time, regular employees will be covered under the City’s Long Term Disability (LTD) insurance plan. The City will pay 100% of the LTD insurance plan premiums for full-time, regular employees during the length of this MOU.

J. Employees must be in a paid status for fifteen (15) consecutive days, in any given month, to receive the benefits of this Article, unless the employee is on a qualifying approved leave, such as Family Medical Leave, and is eligible for benefit continuation under applicable state or federal law. Members who have been suspended or discharged pending an administrative appeal shall be eligible for continuation of Packet Page 1280
26 benefits pending final disposition of the disciplinary matter by the City’s Personnel Commission.

Section 2 – Uniforms
The City shall provide uniforms to any employee required to wear a uniform.

ARTICLE V
LEAVES
Section 1 – Vacation
A. All employees within the bargaining unit covered by this MOU shall be entitled to annual paid vacations as follows:

Completed Years of
Continuous Service
Rate of Accrual Per Pay
Period
Equivalent Hours Per
Year
1 Year** 3.0769 hours 80 hours
5 Years 4.6153hours 120 hours
15 Years 6.1538 hours 160 hours
20 Years 7.6923 hours 200 hours
*Service year begins on initial date of employment in a full-time, regular status. ** No vacation granted or accrued if service is less than 1040 paid hours.

At the time of voluntary and involuntary termination of employment, an employee shall be entitled to receive compensation for the number of vacation hours, which have been accrued but not used. In the event said employee has been permitted to take vacation, which exceeds number of hours actually accrued, a deduction shall be made from the employee's final compensation for the number of hours in excess of the accrual.

B. The amount of accrual shall not exceed the specified number of hours granted per year.

C. Employees shall not be permitted to work in their City position in lieu of taking vacation in order to receive additional compensation.

D. Vacation credits may be accrued and accumulated up to a maximum of two (2) years total accumulated vacation credits upon approval of the Department Head, as per the Packet Page 1281
27 employee's rate of accrual. Vacations or portions thereof from a prior year may be taken consecutively with vacations or portions thereof of a succeeding year, subject to the approval of the Department Head. Except as approved by the Department Head, no vacation or portion thereof from a prior year shall run consecutively with the vacation of a succeeding year; and, a period of three (3) or more months should normally elapse between the expiration of one year's vacation and the commencement of the next year's vacation.

Requests to utilize accrued vacation shall be submitted in writing on City approved forms to the Department Head. Department Heads shall respond to vacation requests submitted on City approved forms within five (5) workdays. Department Heads shall not unreasonably delay responses to employee vacation requests. Nothing in this article shall be construed to prevent a response to the employee's request before the expiration of five (5) workdays.

The vacation period to which any employee shall be entitled shall be assigned by the Department Head in the calendar year when due, except when the Department Head with the approval of the City Manager or their designee determines that an emergency or other valid factors prevent the employee from utilizing their vacation during the calendar year when due. Should this occur, the employee's vacation should be rescheduled at the very earliest mutually acceptable date.

In the event an employee is compensated for less than fifty percent (50%) of the payroll period, they shall not be credited with any vacation accrual for that pay period.

E. Upon termination, payment for earned vacation or deduction for unearned vacation shall be made on the basis of the hourly rate of pay being received by the employee on the date of termination.

F. Whenever the terms "year" or "years of employment" appear herein, they shall be deemed to include all services for the City of San Bernardino.

G. The employee shall not lose any vacation time off due to action by the City.

H. When an employee returns to work after a break in continuous service, and when such break in continuous service shall have been by leave of absence with the approval of the City Manager or their designee, vacation time shall not accrue during such break in continuous service, but shall accrue from the date of return to service from such approved leave of absence, based upon the total length of service of the employee.

I. Employees may sell back up to forty (40) hours of vacation time per year providing that the following conditions have been met:

1. Employees must have a minimum of one hundred twenty (120) hours in their vacation balance before sell back occurs.

2. Employees must have taken a one-consecutive (1) week vacation during the past year prior to the sell back of hours.

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28 3. Employees must complete a sell back form, which must include a Department Head signature.

4. Forms must be submitted to the Finance Department on or before April 15th of each year.

5. Payment for vacation sell back hours will be paid (using current Council approved salary rates in the salary resolution) on the employee’s May paycheck each year.

Section 2 – Holiday Leave
A. Holiday Leave Accrual. City Designated Holidays: Employees shall be entitled to thirteen (13) City-designated holidays, the equivalent of one hundred and seventeen (117) holiday hours each year for those employees on a 5/40 or a 9/80 regular work schedule. Those employees on a 4/10 work schedule shall be entitled to thirteen (13) City-designated holidays, the equivalent of one hundred thirty (130) holiday hours each year. The following days will be holidays for the purpose of this MOU:

New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
In addition to the above, all employees, including new employees, shall be credited with eighteen (18) hours of Holiday Account time per calendar year (formerly floating Holidays).

All hours of holiday leave will be credited to an employee’s account on January 1st of each year this MOU is in effect. New hire employees who are hired by the City after January 1 of the calendar year shall receive a prorated number of floating holiday leave hours, at the rate of 1.5 hours per month, based on their hire date. For example, a new employee hired on July 1 of a calendar year shall receive nine (9) hours of floating holiday leave.

B. Holiday Leave Carry-Over. On June 30th of each year that this MOU is in effect, Police Dispatch employees may carry over up to forty (40) hours of accrued holiday leave.

Any holiday leave in excess of forty (40) hours on June 30th will be forfeited.

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29 C. Scheduling Holiday Leave. All full-time employees within the bargaining unit, with the exception of those employees shown in the following paragraphs, shall be allowed the above holidays at full pay when such holidays occur within the regularly assigned working periods, provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday. If it becomes necessary for an employee to work on any of the above-mentioned holidays, except as provided herein, they shall receive pay at the regular rate and shall be allowed another day off at full pay as approved by the Department Head. The Department Head shall consider employees' requests for scheduling the eighteen (18) holiday account hours per calendar year, provided however, the final right to allot the hours to be observed is reserved exclusively to the Department Head. The Department Head will not unreasonably withhold permission to take time off. The employee may supplement the holiday with accrued vacation, accrued holiday time, or compensatory time.

D. Other Provisions:

1. Employees who, due to scheduling, must work on a recognized City holiday will be compensated on the basis of the number of hours worked on said holiday, excluding lunch/dinner break. The hours accruing to the employee’s holiday account for that day will be based upon the employee’s work schedule as provided in Article VI, Section I Work Periods.

2. If a holiday occurs on a normal day off for an employee, the employee shall receive no additional pay.

3. The decision as to whether in-lieu of time off or pay is to be received shall be based on the availability of funds and needs of the department, as determined by the Department Head. If in-lieu of time off is directed by the Department Head, it may be added to the regular annual vacation period, but must be taken within one (1) year of the date in-lieu time was earned.

4. On or about November 30th of each calendar year, the City Manager shall determine, and the Human Resources Department will distribute, the schedule of specific days that the above holidays will be observed. For example, holidays listed above may be allowed on a Monday, if any such holiday falls on Sunday, and may be allowed on the preceding Friday, if such holiday falls on a Saturday for all employees, except those covered by other provisions herein.

5. Holidays earned in any twelve (12) month period may not be accumulated beyond the total number of holidays allowed each year by this MOU.

E. Upon separation from the City, employees shall be paid for ninety percent (90%) of their current holiday account.

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30 Section 3 – Sick Leave
A. Definition: Sick leave means the absence from duty of an employee because of illness or injury, exposure to contagious disease or attendance upon a member of their immediate family who is seriously ill and requires the care of or attendance of any employee. Immediate family means: husband; wife; domestic partner; grandmother; grandfather; mother; father; sister; brother; son; daughter; uncle; aunt; mother-in-law; father-in-law; stepparents; stepchildren; grandchildren; and, step-grandchildren.

Sick Leave Usage for Family Members: Not more than eighty (80) hours of sick leave within any calendar year may be granted to an employee for the care of or attendance upon members of their immediate family, as defined above.

Not more than forty (40) hours of sick leave within any calendar year may be approved for an employee for each absence for purposes of attending the funeral of a member of the employees' immediate family. The City may require an employee to submit evidence of eligibility to use sick leave for purposes of attending the funeral of a member of the employee's immediate family.

B. Sick Leave Usage for Employees:

1. Upon the department's request, an employee must provide a physician's statement to justify a sick leave of forty (40) consecutive hours or longer.

Employees suspected of abuse or excessive use of sick leave may also be required to furnish a written statement from their health care provider supporting the use of sick leave and/or the ability to return to work. If a physician’s statement is requested, the Department Head or their designee must notify the employee prior to or on the first day of leave. Thereafter, the employee may be required to submit additional physician statements.

2. No absence due to illness or injury in excess of forty (40) hours shall be approved, except after the presentation of satisfactory evidence of illness or injury. A certificate from a practicing physician or an authorized practicing chiropractor may be required by the Department or Division Head, and shall be subject to their approval concerning such absence. The City Manager, or their designee, may require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by a designated physician, and in the event of an adverse report, to reject such claim for sick leave, in whole or in part and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the City Manager, or their designee, may terminate sick leave compensation and reject any claim therefore. The City Manager shall have the right to require the presentation of a certificate from a practicing physician or a designated physician stating that an employee is physically or psychologically able to perform their work and duties satisfactorily before permitting an employee who has been on sick leave to return to work.

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31 3. In order to receive compensation while absent on sick leave, employees shall notify their immediate supervisor or designee prior to or within thirty (30) minutes of the time set for beginning their daily duties, or as may be specified in Department/Division work rules.

4. Sick leave with pay shall be granted to all regular employees and to all temporary full-time employees whose positions are funded under federal law who are regularly employed in permanent or federally-funded positions, if such benefit is required by said federal law. Sick leave shall not be considered as a right which employees may use at their discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein.

5. Whenever an employee is compensated hereunder for sick leave or injury and has not had a vacation at the end of the current calendar year, the employee must take the vacation time not utilized due to illness or injury during the next calendar year.

6. Such paid sick leave may be used for employee or family illness or for medical reasons or other reasons provided under the City’s Paid Sick Leave Policy (AB 1522) adopted by the Mayor and City Council on June 18, 2015 by Resolution 2015-116. At no time may an employee accrue more than 1,040 hours of sick leave.

C. Employees shall not accumulate sick leave while compensated under the provisions of Catastrophic Leave and Leave of Absence without Pay.

Time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave usage shall not be decreased by the fact that any legal holiday occurs during the time off on account of illness. The words "legal holiday" shall have the meaning ascribed to them in Article V, Section 2. Sick leave shall not accumulate during periods of leave of absence without pay.

In the event an employee works less than fifty percent (50%) of the total normal work hours in the pay period, they shall accrue no sick leave for such pay period and shall not be credited with the 3.6923 hours sick leave.

Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only.

Whenever an employee uses all allowable sick leave, further absences may be charged against accrued vacation upon approval of the Department Head. If all allowable sick leave has been used and use of accrued vacation is disapproved, the employee will take loss of pay for the time not covered by allowable sick leave.

Section 4 – Payment of Sick Leave
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32 A. Payment for Unused Sick Leave: At the time of retirement only, employees are eligible for compensation for unused post-petition sick leave as follows: a) 288 hours or less = no cash value; b) 289-479 = cash payment of 20% of accrued post-petition sick leave; c) 480-959 = cash payment of 25% of accrued post-petition sick leave; d) 960 or more hour = cash payment of 35% of accrued post-petition sick leave.

B. Sick Leave Sell Back: On or before February 15th of each year this MOU is in effect, eligible employees will be allowed to cash out up to forty (40) hours of sick leave per year, providing the employee has at least three hundred and twenty (320) hours in their sick leave account after the sell back.

Employees must complete a sell back form, which must include the Department Head’s signature. Forms must be submitted to the Finance Department on or before February 15th each year.

Payment for sick leave sell back will be paid (using the current City Council approved salary rates in the salary resolution) to employees in their March payroll check.

Section 5 – Election Leave
If an employee does not have sufficient time outside of working hours to vote at a statewide election, time off with pay to vote in any general or direct primary elections shall be granted as provided in the State of California Elections Code. Notice that an employee desires such time off shall be given in accordance with the provisions of said Code.

Section 6 – Witness Leave
Employees shall only be entitled to a paid leave of absence when subpoenaed to testify as a witness in civil litigation involving the City, such subpoena being properly issued by a court, agency or commission legally empowered to subpoena witnesses. This benefit shall not apply in any case in which the subpoenaed employee is a party to the action. Witness leave shall not be charged against any accumulated leave balances and shall be compensated at the employee's base hourly rate. Employees shall only be entitled to paid witness leave if they provide a copy of the subpoena to the City within twenty-four (24) hours of receipt.

Section 7 – Jury Duty
Every general permanent employee of the City of San Bernardino and every employee, whose position is funded under federal law or is employed in a federally funded position, if such benefit is required by said federal law, are covered by this section.

Employees shall provide prior notice to their supervisors regarding jury service. In cases where the completion on any day of such jury service does not exceed a period of four (4) hours duration of the employee's assigned work shift, it shall be the responsibility of Packet Page 1287
33 the employee to return to work within a reasonable time after their release or discharge from such jury service on that day. However, where such employee is required to continue in jury service for a period in excess of four (4) hours duration on any such regularly scheduled working day, said employee shall not be required to work on that same day of their release or discharge from jury duty. If the start of the employee's shift is two (2) hours or more prior to the commencement of jury duty, the employee shall be required to report to work. This is subject to adjustment based on the location of jury service.

Under such circumstances of compensable jury service, every general permanent employee or every federally funded general employee as aforesaid, shall be paid their regular pay, less jury duty fees while serving on jury duty, provided a copy of all jury fees paid to the individual employee, less automobile expenses allowed, are submitted to the City Finance Department.

Employees shall notify their superiors of any call for jury service promptly upon receipt of notice thereof, and of any absence from duties due to such jury service in order that a replacement or substitute may perform their duties. When an employee fails to promptly report the receipt of a call to jury service when so required, or fails to promptly notify their superiors regarding the absence for jury service, said employee shall be considered as absent without leave and no salary compensation shall be paid.

In the event, during the course of any jury service, an employee is ordered by a judge or other officially recognized judicial body into a state of sequester, the employee shall be paid the regular wage during such time of sequester without supplement from any accrued bank of time.

Any employee who is summoned to Grand Jury Service shall be entitled to all benefits, restrictions and requirements of this section.

The City will pay for all working days and/or partial days in a calendar year of a covered employee who is required to serve jury duty.

Whenever a covered employee is duly summoned as a witness, except where the employee is a litigant or defendant in a criminal case or any action brought about as a result of their own misconduct, they shall receive regular compensation for any regularly scheduled working hours spent in actual performance of such service.

Section 8 – Other Leaves
The City complies with the applicable provisions of the Federal Family and Medical Leave Act (FMLA), the Federal Pregnancy Discrimination Act (PDA), the California Family Rights Act of 1992 (CFRA), the California Pregnancy Disability Leave Law (PDL), and other medical and/or family leave benefits applicable under both Federal and California Rights Act of 1992 (CFRA), the California Pregnancy Disability Leave Law (PDL), and other medical and/or family leave benefits applicable under both Federal and California law. Applicable California and Federal statutory rights and obligations regarding leaves of absence which now exist or that may become in effect during the term of this MOU and are not specifically addressed in this MOU are incorporated by reference, or addressed in a City Uniform Policy. City policies and Packet Page 1288
34 procedures for administering current and new laws and regulations impacting employee leaves and benefits are available from the City’s Human Resources Department.

ARTICLE VI

WORKING CONDITIONS
Section 1 – Work Periods
A. City Work Schedules: City work schedules shall be as herein defined, except as otherwise provided for:

1. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty (40) hour work week consisting of four (4), ten (10) hour workdays, exclusive of any meal periods assigned by management.

2. 3/12.5 Work Schedule: The 3/12.5 work schedule shall consist of three (3) consecutive 12.5-hour workdays, inclusive of any meal periods assigned by Management. Additionally, with each 28-day work period, employees assigned to the 3/12.5 schedule shall work one (1) 10-hour shift, which shall be scheduled on a day immediately before or after the employee’s regular threeday workweek and shall not include any hours outside of the employee's normal working hours.

The parties agree to collaborate in identifying a schedule that effectively supports the operational requirements of the dispatch center and appropriately serves the needs of the community.

Work schedules shall be posted on all department bulletin boards showing the employee's shift, workdays and where known, hours.

B. Work Schedule Adjustments: It is understood and agreed that Department Heads shall establish such work schedules as may be necessary for the efficient and economical provision of services for the public, and to make such adjustment in work shifts as are from time to time required. The City shall give the employees and the Association two (2) weeks’ notice of any proposed changes in scheduled work shifts prior to implementation. If the Association wishes to consult with management regarding the proposed changes, it shall notify the City within seven (7) calendar days from receipt of notice. Upon notification by the Association, both parties shall meet within ten (10) calendar days in an earnest effort to reach a mutually satisfactory resolution of any problems arising as a result of the proposed changes. Work schedule changes resulting from an emergency situation or circumstances, which disrupt normal City operations as determined by the Department Head, are not bound by the two (2) week notice requirement.

If a light-duty assignment for an employee will result in a shift change, e.g., from day shift to graveyard shift, the City shall give the employee and the Association two (2) weeks’ notice of any proposed shift changes prior to implementation. The procedures described in the first paragraph of Section B above shall apply.

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35 1. This section does not include minor adjustments in the starting and ending times of employee shifts.

2. During the two-week notification period, the employee continues on current status/schedule.

ARTICLE VII

GENERAL PROVISIONS
Section 1 – Full Understanding; Waiver
The parties acknowledge that during the meet and confer process which resulted in this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, ordnance, resolution, personnel and departmental rules and regulations, from the scope of negotiable issues and that the understandings arrived at by the parties after the exercise of that right and opportunity are set forth herein. Therefore, the City and the Association, for the life of this MOU, each voluntarily and unqualifiedly waives the right to meet and confer and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU or with respect to any subject or matter not specifically referred to or covered in this MOU, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this MOU.

The express provisions of this Agreement for its duration constitute the complete and total contract between the City and Association with respect to wages, hours, and other terms and conditions of employment. Any prior or existing Agreement between the parties, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety.

It is also agreed and understood that nothing in this article shall diminish the rights of the City to exercise its rights under the Management Rights article nor diminish the rights of the Association to meet and confer/consult on the impact of proposed changes in accordance with applicable law.

Section 2 – Severability
It is understood and agreed that this MOU is subject to all current and future applicable federal and state laws and regulations and the current provisions of the charter, ordinances, resolutions and of the rules and regulations of the City. If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of those federal, state or city enactments, or it is otherwise held to be invalid or unenforceable by any court or competent jurisdiction, such part or provision shall be superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. The parties hereto agree to refrain from initiating any action that would invalidate any part of the MOU.

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36 Section 3 – Support of Agreement
By entering into this MOU, the City and the SBPDA have arrived at a final understanding through the meet and confer process, resolving any differences which may have arisen during that process. Accordingly, it is agreed that the SBPDA and the City will support the MOU for its term and for purposes of Association ratification and Council Approval. Nothing contained in this MOU shall become binding upon the parties until such time as the City Council, by legislative enactment and allocation of funds, agrees and adopts its terms and conditions.

Section 4 – Term of Memorandum of Understanding
The term of this MOU extends through June 30, 2028. The MOU may be extended up to two (2) additional years by mutual agreement of the parties based on the results of the classification and compensation study in fiscal year 2027-28.

If negotiations regarding an MOU are in progress at the time the current MOU expires or if the parties are at impasse, terms and conditions of the current MOU shall remain in effect, as required by law, until a successor MOU is adopted by the Mayor and City Council, or other action is taken to implement the terms and conditions in accordance with law. During the term of this MOU, the provisions regarding allocation, use, and payoffs for pre-petition leave time provided in side letter 2015-271 shall continue to be in effect.

Section 5 - Notice of Intent to Reopen
The parties agree that, if either party desires to propose changes in the terms or conditions of this MOU for the period following expiration of this MOU, it shall notify the other party at least one hundred twenty (120) days before the expiration of the MOU. Such notice of intent to reopen shall include a request for a meeting to begin negotiations and establish ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party.

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37 SAN BERNARDINO POLICE DISPATCH ASSOCIATION (“SBPDA”)

MEMORANDUM OF UNDERSTANDING
2025 – 2028
Executed this _______ day of ____________________, 2025 ___________________________ ___________________________ City Manager Victoria Fish, President
___________________________
David Evans, Vice President
ATTEST:
___________________________
Telicia Lopez, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
___________________________
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38 INDEX
Subject Page
Agency Personnel Rules ................................................................................................. 7 Association Logos ......................................................................................................... 16 Bilingual Pay ................................................................................................................. 23 Budget Documents ....................................................................................................... 15 Call-Back/Standby Assignment & Pay........................................................................... 21 Classification/Compensation Study .............................................................................. 17 Definition of Terms .......................................................................................................... 4 Election Leave .............................................................................................................. 32 Employee Lists .............................................................................................................. 15 Employee Orientation ................................................................................................... 15 Employee Rights ............................................................................................................. 6 Employee Representatives ........................................................................................... 13 Full Understanding; Waiver ........................................................................................... 35 Health Benefits and Life Insurance ................................................................................ 24 Higher Acting Classification Pay .................................................................................... 20 Holiday Leave ............................................................................................................... 28 Labor-Management Committee .................................................................................... 13 Management Rights ........................................................................................................ 5 New Employee Information ........................................................................................... 16 No Strike ....................................................................................................................... 13 Notice of Intent to Reopen ............................................................................................. 37 Other Leaves ................................................................................................................ 34 Overtime ....................................................................................................................... 18 Parties to MOU ............................................................................................................... 5 Payment of Sick Leave .................................................................................................. 32 Payroll Deduction for Dues ………………………………................................................. 14 Recognition ..................................................................................................................... 5 Recognition/ Security .................................................................................................... 13 Retirement Benefits ...................................................................................................... 18 Safety Committee ......................................................................................................... 12 Salaries ......................................................................................................................... 17 Severability ................................................................................................................… 36 Shift Differential ............................................................................................................. 23 Sick Leave .................................................................................................................... 30 Special Event Overtime ................................................................................................. 19 Support of Agreement ................................................................................................... 36 Term of Memorandum of Understanding ....................................................................... 36 Training Pay .................................................................................................................. 23 Uniforms ....................................................................................................................... 26 Vacations ...................................................................................................................... 26 Work Periods ................................................................................................................ 34 Packet Page 1293
Resolution No. 2025-336
RESOLUTION NO.2025-336

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE EMPLOYEE COMPENSATION AND

BENEFITS PLAN BETWEEN THE CITY AND
MANAGEMENT/CONFIDENTIAL EMPLOYEES; AND
REPEALING RESOLUTION NO. 2021-269
WHEREAS, the designated representatives of the Mayor and City Council ("City") met and conferred in good faith with the employees in the San Bernardino Confidential and Management Association (SBCMA); and
WHEREAS, the term of Resolution No. 2021-269 extended through June 30, 2025 and the compensation and benefits plan remain in effect until a new resolution is adopted by the Mayor and City Council;
WHEREAS, on June 26, 2025, SBCMA approved the terms and conditions of the compensation and benefits plans as provided in this Resolution; and WHEREAS, it is necessary to codify the compensation and benefits provided to the SBCMA employees of the City of San Bernardino.

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

SECTION 1. The City Council of the City of San Bernardino (City) hereby adopts a compensation and benefits plan for the San Bernardino Confidential and Management Association (SBCMA) as follows:

1. Term
The term of this Resolution begins on July 1, 2025, and extends through June 30, 2028. If negotiations regarding a new Resolution establishing a compensation and benefits plan for the Management/Confidential Employees have not concluded by the time this Resolution expires, the terms of this Resolution shall remain in effect until a new Resolution is adopted by the Mayor and City Council.

2. Compensation/Salaries
Unless salary is provided for separately by employment contract, effective the first full pay period following July 1, 2025, the salary ranges for all SBCMA members shall be increased by three percent (3%) to reflect a cost-of-living adjustment (COLA). Effective the first full pay period following January 1, 2026, the salary ranges for all SBCMA members shall be increased by two percent (2%). Effective the first full pay period following July 1, 2026, the salary ranges for all SBCMA members shall be increased by three and one half percent Packet Page 1294
Resolution No. 2025-336
(3.5%), unless, increases to the City’s revenue fall below 3.75%, in which case the COLA would be split in half and paid out as follows: effective the first full pay period following July 1, 2026, the salary ranges for all SBCMA members shall be increased by one and seventy-five hundredths percent (1.75%), and effective the first full pay period following January 1, 2027, the salary ranges for all SBCMA members shall be increased by one and seventy-five hundredths percent (1.75%). All salary ranges for SBCMA members shall be amended by the Mayor and City Council in accordance with this provision.

Notwithstanding the above, under no circumstances shall any SBCMA member's base salary be increased pursuant to these COLAs to exceed ninety-eight percent (98%) of the City Manager's base salary. However, no SBCMA member's base salary shall be decreased in the event the City Council enters into an agreement that reduces the City Manager's base salary to less than a two percent (2%) differential above the highest SBCMA member's base salary.

3. Classification and Compensation Study
The parties agree to an economic reopener commencing in or about April/May, 2027. The purpose of this reopener is to discuss the classification and compensation study (“Study”) the City is currently conducting and expected to be completed before the start of the 2027-28 fiscal year. Any salary equity adjustments to individual classifications will be considered alongside any across-the-board salary adjustments and other increases in compensation, taking into account such factors as the total cost of bargaining unit compensation, market competitiveness, recruitment/retention, and the availability of financial resources. Annual salary adjustments will be contingent upon available funding and evaluated within the City’s long-term financial plan.

If the City fails to allocate any funds to address pay equity issues, then a three percent (3%) across-the-board increase will go into effect the first full pay period following July 1, 2027.

However, if funds are allocated by the City to address pay equity, the parties will negotiate pay equity and/or other economic items and there shall be no automatic or guaranteed across-theboard increase.

It is expressly agreed that the parties may extend the Resolution by mutual agreement during this economic reopener.

4. Probationary Period
The probationary period for newly hired and promoted employees into positions in this unit shall be 2080 paid hours from the date of hire. “Paid hours” shall include hours actually worked (excluding overtime) and paid leaves such as vacation, holiday, sick and compensatory time, but shall not include time spent on any leave of absence, including time spent on workers’ compensation, modified/light duty and military leave.

In addition, the probationary period of new hires may be extended at the discretion of the Department Head, and approved by the Director of Human Resources, for a period not to exceed 1040 hours.

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Resolution No. 2025-336

5. Work Schedules
A. City Work Schedules: City work schedules shall be as herein defined, except as otherwise provided for:

1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty (40) hour work week consisting of five (5) eight (8) hour workdays, exclusive of any meal periods.

2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eighty (80) work hours in a two (2) week period consisting of eight (8) nine (9) hour workdays, and one (1) eight (8) hour workday, exclusive of any meal periods.

3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty (40) hour work week consisting of four (4) ten (10) hour workdays, exclusive of any meal periods

4. 3/12.5 Work Schedule: The 3/12.5 work schedule shall consist of three (3) consecutive

12.5-hour workdays, inclusive of any meal periods assigned by Management.

Additionally, with each 28-day work period, employees assigned to the 3/12.5 schedule shall work one (1) 10-hour shift, which shall be scheduled on a day immediately before or after the employee’s regular three-day workweek and shall not include any hours outside of the employee's normal working hours.

B. Work Schedule Adjustments: It is understood and agreed that Department Heads shall establish such work schedules as may be necessary for the efficient and economical provision of services for the public, and to make such adjustment in work shifts as are from time to time required.

6. Higher Acting Pay
An employee temporarily acting in a higher classification during periods of absence of the incumbent or during a vacancy in the position for more than ten (10) consecutive days shall receive the bottom step base pay of the higher classification or 5% above their current base pay, whichever is greater. In no event shall the base pay salary exceed the top step of the classification in which the employee is acting. This article does not apply to a situation in which there is no higher-level position for which funds have been appropriated. Substantive addition of duties of a higher-level classification to an employee's budgeted position should be considered for a classification study.

7. Standby Pay
Classifications in the IT Department represented by SBCMA and approved by the Department Head, shall be eligible for standby pay. When the Department Head places an employee on standby, defined as the employee being in a state of readiness and immediate availability to work outside of normal work hours, the SBCMA and City hereby agree to the following compensation for employees while in standby status: Employees shall be Packet Page 1296
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compensated 7.5 hours per week for their five (5) working days during the work week, at the rate of 1.5 hours per day. Employees shall be compensated 4 hours per week for their two (2) non- workdays during the week, at the rate of 2 hours a day.

8. Health Benefits and Life Insurance
The City will contribute $1,125.00 per month toward health premiums for Employee Only, $1,450.00 per month for Employee Plus One Dependent, and $1,939.00 per month for Employee Plus Family.

The City's contributions for health care benefits are available to SBCMA members for the purchase of medical, dental, vision, life and accidental death and dismemberments through City selected plans. The amount of the City's contributions is based upon the "medical" enrollment category, i.e., Employee Only, Employee Plus One or Employee Plus Family. For example, if an employee elects "Employee Only" medical coverage, then the "Employee Only" allowance will be contributed.

Any City contributions not used by a SBCMA member for health benefits will revert to the City; however, if a SBCMA member selects a medical plan (Employee Only, Employee Plus One or Employee Plus Family), any additional contributions beyond the amounts identified above, may be contributed toward additional life insurance or a City-provided deferred compensation plan.

Employee Only Coverage. Effective at the beginning of the next health insurance premium adjustment following July 1, 2025, and each premium adjustment annually thereafter, the City shall continue to pay up to 100% of the cost of Employee Only coverage for the lowest cost plan (currently Kaiser) for the duration of the Resolution.

The City shall continue to contribute the amount of the lowest cost plan towards health premiums for employees who choose a higher cost plan for Employee Only coverage. The employee shall continue to be responsible for paying the difference in premium costs for the higher cost plan.

Employee Plus One Coverage. Effective at the beginning of the next health insurance premium adjustment following July 1, 2025, and each premium adjustment annually thereafter, employees enrolled in Employee Plus One coverage shall pay up to the first $30 per month in premium increase of the lowest cost plan (currently Kaiser) each year that this Resolution is in effect.

The same amount of increase shall apply each year to employees who choose the higher cost plan.

That is, employees who choose the higher cost plan for Employee +1 coverage shall also pay the same amount of increase, up to the maximum $30 per year increase, as employees in the lowest cost plan, in addition to any difference in cost between the higher cost plan and the lowest cost plan they are currently contributing.

Employee Plus Family Coverage. Effective at the beginning of the next health insurance premium adjustment following July 1, 2025, and each premium adjustment annually thereafter, employees enrolled in Employee Plus Family coverage shall pay up to the first $55 per month in premium increases of the lowest cost plan each year that this Resolution is in effect.

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The same amount of increase each year shall apply to employees who choose the higher cost plan.

That is, employees who choose the higher cost plan for Employee Plus Family coverage shall also pay the same amount of increase, up to the maximum $55 per year increase, as employees in the lowest cost plan in addition to any difference in cost between the higher cost plan and the lowest cost plan they are currently contributing.

Health Insurance Waiver Stipend: Any employee who chooses not to enroll in any health care plan offered by the City, must provide evidence of group health care insurance coverage and execute a Waiver of Benefits and Release Agreement, releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. Employees who do not enroll in a City health care plan during open enrollment shall receive a stipend of $4,000.00 on the first pay period in December. Employees must be employed through the end of the last payroll period in November to qualify for this benefit. Unless hired during the benefit year, employees must participate in the program for the full 12 months to receive the full stipend. Employees on payroll on November 30th who were hired during the benefit year and did not work the entire 12-month period shall earn the stipend on a pro-rata basis. Employees who waived insurance benefits during Open Enrollment, but later requested to enroll in benefits prior to November 30th, will not be eligible for any portion of the stipend. Employees who elect to drop coverage mid-year are not eligible to participate in the stipend program. Employees participating in this option are required to waive all medical, dental, vision, supplemental life and supplemental AD&D coverages provided by the City.

SBCMA agrees to participate in the City's Joint Labor-Management Health Benefits Committee ("Committee") to evaluate, on an annual basis, City-wide plan designs for health care. All plan designs and City contributions shall be effective on January 1st annually. During the term of this Resolution, the City reserves the rights, and the SBCMA agrees, to reopen negotiations on providers, health care plans, and/or any provision under this Section of the Resolution.

9. Life and Accidental Death & Dismemberment (AD&D) Insurance The City shall provide Term Life and Accidental Death & Dismemberment Insurance of one times the employee's annual salary for Executive Management (Mayor and City Clerk), Seventy-five thousand dollars ($75,000) for all other Management employees, and fifty thousand dollars ($50,000) for Confidential employees.

10. Holidays
All full-time employees within the Management/Confidential group shall be entitled to thirteen (13) City-designated holidays, the equivalent of one hundred seventeen (117) holiday hours each year for those employees working a 5/8 or 9/80 work schedule and one hundred thirty (130) holiday hours each year for those employees working on a 4/10 work schedule. City designated holidays shall include:

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New Year's Day
President's Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Juneteenth
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
On January 1st of each year that this Resolution is in effect, all SBCMA members will receive an additional eighteen (18) hours of holiday leave ("Floating Holidays"). New hire employees who are hired by the City after January 1 of the calendar year shall receive a prorated number of floating holiday leave hours, at the rate of 1.5 hours per month, based on their hire date. For example, a new employee hired on July 1 of a calendar year shall receive nine (9) hours of floating holiday leave.

SBCMA members working a 5/8 or 9/80 work schedule may only carry over 135 hours per fiscal year; SBCMA members working a 4/10 work schedule may only carry over 148 hours per fiscal year. On June 30th any holiday bank hours exceeding 135 or 148 hours will be forfeited. On or about November 30th of each calendar year, the City Manager shall determine, and the Human Resources Director will distribute, the schedule of specific days that the thirteen designated holidays will be observed for the next calendar year. At the time of separation from employment, SBCMA members will receive a payout of 100% for all accrued but unused post-petition holiday pay.

11. Jury Duty
The City will pay for all working days in a calendar year of a covered employee who is required to serve on jury duty consistent with City practices.

12. Administrative Leave
On July 1st of each fiscal year that this Resolution is in effect, FLSA exempt SBCMA employees shall receive eighty (80) hours of Administrative Leave. On June 30th of each year, any unused Administrative Leave up to forty (40) hours will be automatically carried over to the following fiscal year. Administrative Leave has no cash value and shall not be paid out at any time.

Employees who are hired into this unit after July 1 of the fiscal year shall receive a prorated number of Administrative Leave hours based on their hire date. For example, a new employee hired on Packet Page 1299
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January 1 of that fiscal year shall receive forty (40) hours of administrative leave. Employees who promote into this unit from a unit that also receives administrative leave shall receive a prorated amount of administrative leave based on their hire date into this unit. For example, an employee who is in a unit that receives forty (40) hours of administrative leave and is hired into this unit on January 1 shall receive an additional twenty (20) hours of administrative leave for a total of sixty (60) hours that fiscal year.

13. Vacation Leave
a. All SBCMA members shall accrue eighty (80) hours of paid vacation upon the first day of the second year of continuous full-time employment with the City of San Bernardino. Thereafter, vacation shall accrue each pay period prorated according to the number of days or shifts per year in the following chart:

Completed Years of
Continuous Service
Rate of Accrual
Per Pay Period
Equivalent Hours
Per Year
1 Year** 3.0769 hours 80 hours
5 Years 4.6153hours 120 hours
15 Years 6.1538 hours 160 hours
20Years 7.6923 hours 200 hours
**No vacation shall be granted if service is less than 1,040 paid hours. b. Vacation credits may accrue and accumulate for a maximum of two (2) years' total accumulated vacation credits on a carry-over basis from year to year: 1) 1 through 5 years of service = 160 hours; 2) 6 through 15 years of service = 240 hours; 3) 16 through the completion of 20 years of service= 320 hours; and, 4) 21 or more years of service = 400 hours. Once the cap has been reached, a bargaining unit member may not accrue any additional hours until the employee's accrued leave is below the cap.
c. In the event an employee works less than fifty percent (50%) of the total normal work hours in a pay period, they shall not be credited with any vacation leave for such pay period. Approved vacation, sick, holiday, and administrative leave shall be considered as time worked for this item only.
d. When an employee resigns or otherwise leaves the service of the City, payment shall be made to the employee for the accrued portion of their post-petition vacation hours on the basis of the hourly rate of pay being received by the employee on the date of separation.
e. Vacation Sell Back. SBCMA members may sell back up to forty (40) hours of postpetition vacation time per year providing the following conditions have been met:

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1. Employees must have a minimum of one hundred twenty (120) hours remaining in their vacation balance after the sellback occurs;

2. Employees must have taken at least forty (40) cumulative hours of vacation during the past year prior to the sellback of hours;

3. Employees must complete a sell back form, which must include the signature of the Department Head’s approval of the sellback;

4. Forms must be submitted to the Finance Department on or before November 1st each year this Resolution is in effect; and, Payment for vacation sellback hours will be paid (using the current Council approved salary rate in the Salary Resolution) on the employee's first paycheck in December each year.

14. Sick Leave
a. Paid sick leave may be used for employee or family illness or for medical reasons or other reasons provided under the City's Paid Sick Leave Policy (AB 1522), adopted by the Mayor and Common Council on June 18, 2015 by Resolution 2015-116. Thereafter, sick leave as herein provided shall accrue at a rate of ninetysix (96) hours per year, 3.6923 hours per pay period. Employees may only accrue a maximum of 1040 hours of sick leave at any time.
b. In the event an employee works less than fifty percent (50%) of the total normal work hours in the pay period, they shall not be credited with any sick leave for such pay period. Approved vacation, sick leave, holiday or administrative leave shall be considered as time worked for the purpose of computing sick leave benefits only. Whenever an employee uses all allowable sick leave, further absences may be charged against accrued vacation or with department head approval, the employee may take loss of pay rather than vacation. c. Sick leave means the absence from duty of an employee because of illness or injury, exposure to contagious disease, attendance upon a member of their immediate family who is seriously ill and requires the care of or attendance of an employee, or death in the immediate family of the employee. Immediate family means: husband, wife, grandmother, grandfather, mother, father, sister, brother, son or daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, sonin-law, daughter-in-law, stepmother, stepfather, or domestic partner. d. Upon the Department Head's request, an employee must provide a physician's statement to justify sick leave usage of three (3) consecutive days or longer.

Employees suspected of abuse of excessive use of sick leave may also be required to furnish a written statement from their health care provider supporting the use of Packet Page 1301
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sick leave and/or the ability to return to work.
e. No absence due to illness or injury in excess of three (3) working days shall be approved except after the presentation of satisfactory evidence of illness or injury or when it is reasonably determined necessary to justify any request for sick leave pay; namely a certificate from a practicing physician, medical practitioner or practicing chiropractor.

15. Payment of Sick Leave
At the time of retirement only, employees are eligible for compensation for unused postpetition sick leave as follows: 1) 288 hours or less, no cash out; 2) 289-479 hours= 20% of the total accrued hours; 3) 480-959 hours= 25% of the total accrued hours; and, 4) 960 or more accrued hours = 35%. However, once a trust is established, payment of sick leave will be put into the employee’s trust account, if permitted by law.
a. Sick Leave Sell Back: On or before February 15th of each year this Resolution is in effect, eligible employees will be allowed to cash out up to forty (40) hours of sick leave per year, providing the employee has at least three hundred and twenty (320) hours in their sick leave account after the sell back.

Employees must complete a sell back form, which must include the Department Head’s signature. Forms must be submitted to the Finance Department on or before February 15th each year.

Payment for sick leave sell back will be paid (using the current City Council approved salary rates in the salary resolution) to employees in their March payroll check.

However, once a trust is established, payment of sick leave will be put into the employee’s trust account, if permitted by law. For any reason, the trust account is not established, then payment of sick leave shall be cashed out as indicated above.

16. Sick Leave Retirement Health Savings Program
Parties agree to establish a working group with the Human Resources Department and City Manager’s Office, along with the City’s deferred compensation provider, to establish a sick leave program in which the value of an employee’s unused sick leave at retirement will be placed into a non-taxable account for an employee to use to pay for eligible medical premiums and medical costs in retirement. There shall be no City contribution or cost to the City.

17. Longevity
Unless longevity is provided for separately by employment contract, effective the first full pay period following July 1, 2027, all SBCMA employees shall be eligible to receive a one-time lump-sum bonus payment upon reaching certain continuous full-time service milestones, every 5 years as follows:

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Completed Years of
Continuous Service
Amount
10 Year** $500
15 Years $1,000
20 Years $1,250
25 + Years $2,000
Each employee who has completed more than 10 but less than 15 years of continuous service as of July 1, 2027; more than 15 but less than 20 years of continuous service as of July 1, 2027; more than 20 but less than 25 years of continuous service as of July 1, 2027; AND more than 25 years of continuous service as of July 1, 2027, shall receive the corresponding amounts shown above in July, 2027. Employees who have more than 25 years of service as of July 1, 2027, shall receive the longevity bonus every 5 years thereafter. All other employees shall receive the bonus upon reaching the above milestones.

18. Bilingual Pay
SBCMA employees, as designated by the City Manager or designee, and who meet the certification and eligibility requirements as developed by the City, shall be compensated at the rate of seventy-five dollars ($75) per month. The duties of the employee receiving bilingual pay may be reviewed annually to determine that bilingual duties assigned to an employee are being performed on a regular and frequent basis. The designated employees may be tested annually for certification and recertification.

The City shall determine the number of eligible employees based on the consideration of such factors as most critical need and financial resources/constraints. The City Manager or designee will retain the right to select the eligible employees. The City shall reserve the right to determine languages for which testing will be conducted.

19. CalPERS Retirement
SBCMA members are provided retirement benefits under the California Public Employees' Retirement System (CalPERS) as follows:

Tier I: Employees hired on or before October 3, 2011 shall receive a 2.7% @ 55 retirement benefit;
Tier II: CalPERS "Classic Members" hired on or after October 4, 2011 shall receive a 2% @ 55 retirement benefit;
Tier III: CalPERS "New Members" hired on or after January 1, 2013 shall receive a 2% @ 62 retirement benefit in accordance with the Public Employees' Pension Reform Act of 2013 (PEPRA).

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Employee Share. Effective 2/1/2013, all Tier I and Tier II employees shall pay the employee's share of the retirement contribution, either 8% for the 2.7@55 formula or 7% for the 2%@ 55 formula. Effective 1/1/2013, Tier III employees shall pay the employee contribution required by the PEPRA, calculated at 50% of the normal cost.

Employer Share. Effective 2/1/2013, all employees shall contribute 9.304% (either 1.304% or

2.304% depending on whether the employee rate is 8% or 7%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code.

The City will pay the employer contribution for the Fourth Level 1959 Survivor Benefit.

For Tier I and II employees, the final compensation retirement calculation shall be based upon their single highest year of compensation earnable as provided under Section 20042 of the California Government Code. The compensation earnable period for Tier III PEPRA employees will be three years.

The City and the SBCMA acknowledge that the PEPRA laws and regulations shall govern a determination of whether employees are hired as "new members" or "classic or legacy" members.

20. Charter Amendments and Uniform Policies
Section 508 of the City's Charter that became effective January 31, 2017, provides that, "The Council shall provide for the establishment, regulation and maintenance of a merit system and governing personnel rules and regulations necessary for the effective administration of employees of the City's departments, offices and agencies. Such personnel rules and regulations may include but are not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, inservice training, grievances and relationships with employee organizations." Accordingly, the City will be reviewing and developing uniform personnel policies in order to implement this Charter section. The City will provide copies of the uniform personnel rules and policies to the SBCMA prior to the City Council adoption of such rules and policies. Until such rules and policies have been adopted, all existing rules and policies, including, without limitation, shall remain in effect.

21. Wellness Benefit
Full-time employees are eligible to receive a taxable wellness/physical benefit of $250.00/year during each calendar year that this Resolution is in effect. This amount does not roll over to the next calendar year and any amounts not used by December 31st shall be forfeited. Employees have until March 31st of the following calendar year to turn in receipts from the prior year. Employees who make an authorized expense in a calendar year that exceeds the maximum amount in that year, such as, but limited to, a multi-year gym membership, may utilize that receipt in the following year(s) to justify the expense in that successive year(s), provided the excess amount does not exceed the maximum amount. All reimbursement requests must follow the guidelines and shall be made on forms provided by the Human Resources Department.

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22. Grievance Procedure
An employee may file a grievance over the alleged violation of the terms of this Resolution or of the application of any laws, ordinances, resolutions, Uniform Policies, or Personnel Rules (except discipline) concerning or affecting wages, hours or other conditions of employment. Such grievance must be filed with the Director of Human Resources within fifteen (15) days of the action precipitating the grievance. If the employee disagrees with the decision of the Human Resources Director, the matter may be submitted to the City Manager whose decision shall be final and binding.

Disciplinary actions shall be appealed to the Personnel Commission in accordance with the Personnel Rules. Additionally, allegations of discrimination and harassment shall be submitted to the Director of Human Resources.

23. Performance Evaluations
Performance evaluations and any corresponding merit pay increases will be administered through the provisions of the City's Employee Evaluation Uniform Policy.

24. Department Head Allowance
A Department Head, or designee as identified by the City Manager, may be reimbursed up to fifty dollars ($50) per month to cover work related employee events such as lunches, department celebrations, employee recognitions, and other events and functions. The allowance shall not accumulate from month to month. Requests for reimbursement shall be submitted to the Finance Department on prescribed forms.

25. Bankruptcy Provisions/Releaseof Claims/Pre-Petition Leave Balances Section 9 of Resolution No. 2015-242 Pre-Petition Leave Balances and Appendix A to Resolution No. 2015-242 Bankruptcy Provisions and Release of Claims shall continue to be in effect and are incorporated herein to this Resolution.

SECTION 2. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 3. The wages, hours and working conditions for employees in the Management/Confidential bargaining unit of the City of San Bernardino, as incorporated in the Compensation and Benefits Plan is hereby approved effective July 1, 2025 through June 30, 2028.

SECTION 4. The City Manager is authorized to implement the terms and conditions of the resolution for Management/Confidential employees effective July 1, 2020 through June 30, 2025.

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SECTION 5. CEQA. “The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 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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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. 2025-336, adopted at a regular meeting held on the ___ day of _______ 2025 by the following vote:

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

Telicia Lopez, CMC, Acting City Clerk
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CLASS
CODE

CLASSIFICATION TITLE SALARY
RANGE
BOTTOM
STEP (Step
1)

MID POINT
(Step 10)
TOP
STEP
(Step 21)
30011 ACCOUNTANT I (FLEX) 465 $5,383.88 $5,880.15 $6,544.64 30012 ACCOUNTANT II 485 $5,949.35 $6,496.92 $7,231.79
30017 ACCOUNTING TECHNICIAN I (FLEX) 399 $3,874.77 $4,230.27 $4,708.66 30018 ACCOUNTING TECHNICIAN II 419 $4,280.38 $4,674.06 $5,202.55 30030 ACCOUNTING TECHNICIAN III * 437 $4,682.41 $5,113.07 $5,691.66 30709 ADMINISTRATIVE ASSISTANT 400 $3,893.86 $4,251.75 $4,732.52 30140 ANIMAL CONTROL OFFICER I (FLEX) 411 $4,113.36 $4,491.54 $4,999.74 30141 ANIMAL CONTROL OFFICER II 424 $4,388.94 $4,792.16 $5,334.97 30092 ANIMAL LICENSE INSPECTOR 370 $3,352.25 $3,661.23 $4,075.19 30130 ANIMAL SERVICES REPRESENTATIVE 370 $3,352.25 $3,661.23 $4,075.19 30119 ANIMAL SHELTER ATTENDANT 370 $3,352.25 $3,661.23 $4,075.19 30400 ARBORIST 452 $5,046.27 $5,510.33 $6,134.26
30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $6,411.03 $7,001.55 $7,792.49 30271 ASSISTANT BUYER 430 $4,522.55 $4,937.71 $5,496.02 30312 ASSISTANT LITERACY PROGRAM COORDINATOR 365 $3,269.93 $3,570.56 $3,974.98 30168 ASSISTANT PLANNER (FLEX) 502 $6,475.45 $7,071.93 $7,871.22 30072 BUILDING INSPECTOR I (FLEX) 460 $5,251.46 $5,734.61 $6,383.59 30073 BUILDING INSPECTOR II 487 $6,008.99 $6,561.34 $7,303.37 30074 BUILDING INSPECTOR III 511 $6,772.50 $7,396.42 $8,232.69 30502 BUSINESS REGISTRATION INSPECTOR 459 $5,225.21 $5,705.98 $6,351.38 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $4,280.38 $4,674.06 $5,202.55 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,499.89 $4,913.85 $5,468.58 30292 CEMETERY CARETAKER 395 $3,797.23 $4,146.77 $4,615.60 30450 CODE ENFORCEMENT OFFICER I (FLEX) 441 $4,776.66 $5,216.86 $5,806.19 30455 CODE ENFORCEMENT OFFICER II 472 $5,575.95 $6,088.92 $6,777.27 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM A 420 $4,301.85 $4,697.92 $5,228.79 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,897.15 $5,348.09 $5,952.92 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,706.27 $5,139.32 $5,720.29 30754 COMMUNITY POLICING SPECIALIST 470 $5,519.88 $6,028.08 $6,710.46 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,667.19 $4,004.80 $4,458.13 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,706.27 $5,139.32 $5,720.29 30621 CUSTODIAN 368 $3,318.84 $3,624.25 $4,034.63
30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,631.40 $3,965.43 $4,413.99 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 396 $3,816.31 $4,168.24 $4,639.46 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) 396 $3,816.31 $4,168.24 $4,639.46 30224 CUSTOMER SERVICE REPRESENTATIVE (U) 386 $3,631.40 $3,965.43 $4,413.99 30100 DATA ANALYST 444 $4,849.43 $5,295.60 $5,894.47
30831 ELECTRICIAN I (FLEX) 445 $4,873.29 $5,321.84 $5,923.10 30841 ELECTRICIAN II 465 $5,383.88 $5,880.15 $6,544.64
30432 ENGINEERING ASSISTANT I (FLEX) 450 $4,996.16 $5,455.46 $6,073.41 30434 ENGINEERING ASSISTANT II 475 $5,659.45 $6,180.78 $6,879.86 30436 ENGINEERING ASSISTANT III 511 $6,772.50 $7,396.42 $8,232.69 30445 ENGINEERING TECHNICIAN 446 $4,897.15 $5,348.09 $5,952.92 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $5,357.63 $5,850.33 $6,512.43 30921 EQUIPMENT MECHANIC I (FLEX) 431 $4,544.03 $4,962.76 $5,523.45 30902 EQUIPMENT MECHANIC II 450 $4,996.16 $5,455.46 $6,073.41 30943 EQUIPMENT SERVICE WORKER 408 $4,052.52 $4,424.73 $4,925.78 30707 EXECUTIVE ASSISTANT 430 $4,522.55 $4,937.71 $5,496.02 30623 FACILITIES MAINTENANCE MECHANIC 420 $4,301.85 $4,697.92 $5,228.79 30506 FLEET PARTS STOREKEEPER 398 $3,854.49 $4,209.99 $4,685.99

GENERAL UNIT SALARY SCHEDULE
EFFECTIVE 07.01.25
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30944 FLEET PARTS TECHNICIAN 438 $4,706.27 $5,139.32 $5,720.29 30133 GRANTS ANALYST 476 $5,688.08 $6,211.80 $6,914.46
30136 GRANTS ASSISTANT 390 $3,704.17 $4,045.36 $4,502.27 30098 GROUNDWORKER ARBORIST 392 $3,741.16 $4,085.92 $4,547.60 30516 HAZMAT TECHNICIAN 452 $5,046.27 $5,510.33 $6,134.26 30698 HOMELESS OUTREACH SPECIALIST 464 $5,357.63 $5,850.33 $6,512.43 30699 HOMELESS SERVICES ASSISTANT 420 $4,301.85 $4,697.92 $5,228.79 30207 HUMAN RESOURCES TECHNICIAN 418 $4,258.91 $4,651.39 $5,177.49 30101 HVAC MECHANIC 460 $5,251.46 $5,734.61 $6,383.59
30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) 447 $4,922.20 $5,375.53 $5,982.75 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $5,438.75 $5,938.61 $6,610.25 30113 LEAD ANIMAL CONTROL OFFICER 437 $4,682.41 $5,113.07 $5,691.66 30080 LEAD BUILDING INSPECTOR 526 $7,298.60 $7,970.24 $8,872.12 30463 LEAD CODE ENFORCEMENT OFFICER 498 $6,347.80 $6,931.16 $7,716.14 30311 LEAD CUSTODIAN 397 $3,835.40 $4,188.52 $4,662.13
30932 LEAD EQUIPMENT MECHANIC 470 $5,519.88 $6,028.08 $6,710.46 30490 LEAD MAINTENANCE WORKER 452 $5,046.27 $5,510.33 $6,134.26 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,548.51 $6,057.91 $6,743.86 30335 LIBRARIAN I (FLEX) 450 $4,996.16 $5,455.46 $6,073.41 30366 LIBRARIAN II 479 $5,773.98 $6,304.85 $7,018.25
30341 LIBRARY ASSISTANT 370 $3,352.25 $3,661.23 $4,075.19 30380 LIBRARY NETWORK TECHNICIAN 422 $4,344.80 $4,744.44 $5,281.28 30391 LIBRARY TECHNICIAN I (FLEX) 380 $3,524.04 $3,848.52 $4,283.96 30392 LIBRARY TECHNICIAN II 402 $3,932.03 $4,294.69 $4,780.23 30215 LITERACY PROGRAM COORDINATOR 470 $5,519.88 $6,028.08 $6,710.46 30486 MAINTENANCE WORKER I (FLEX) 393 $3,760.24 $4,106.21 $4,570.27 30487 MAINTENANCE WORKER II 415 $4,195.68 $4,582.20 $5,099.95 30488 MAINTENANCE WORKER III 425 $4,410.41 $4,816.02 $5,361.21 30425 NPDES INSPECTOR I (FLEX) 461 $5,277.70 $5,763.24 $6,415.80 30426 NPDES INSPECTOR II 485 $5,949.35 $6,496.92 $7,231.79 30611 PARKS MAINTENANCE WORKER I (FLEX) 390 $3,704.17 $4,045.36 $4,502.27 30622 PARKS MAINTENANCE WORKER II 421 $4,323.33 $4,721.78 $5,255.04 30691 PLANNING AIDE 456 $5,147.67 $5,621.28 $6,257.13
30680 PLANS EXAMINER I (FLEX) 499 $6,380.01 $6,966.95 $7,754.31 30682 PLANS EXAMINER II 534 $7,595.65 $8,294.73 $9,233.59 30481 PLUMBER 450 $4,996.16 $5,455.46 $6,073.41
30585 POOL MAINTENANCE COORDINATOR 421 $4,323.33 $4,721.78 $5,255.04 10360 PROGRAMMING/TRAFFIC ASSISTANT 400 $3,893.86 $4,251.75 $4,732.52 30580 PUBLIC WORKS INSPECTOR I (FLEX) 476 $5,688.08 $6,211.80 $6,914.46 30583 PUBLIC WORKS INSPECTOR II 499 $6,380.01 $6,966.95 $7,754.31 30584 PUBLIC WORKS INSPECTOR III 529 $7,409.54 $8,090.73 $9,005.74 30825 RECREATION THERAPIST 468 $5,465.00 $5,968.43 $6,643.65 30115 REGISTERED VETERINARY TECHNICIAN 450 $4,996.16 $5,455.46 $6,073.41 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $4,301.85 $4,697.92 $5,228.79 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,704.17 $4,045.36 $4,502.27 30410 SENIOR ARBORIST 502 $6,475.45 $7,071.93 $7,871.22 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,635.88 $5,062.97 $5,635.59 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 445 $4,873.29 $5,321.84 $5,923.10 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U) 445 $4,873.29 $5,321.84 $5,923.10 30710 SENIOR OFFICE ASSISTANT 375 $3,436.95 $3,753.09 $4,177.78 30978 SOLID WASTE FIELD INSPECTOR 450 $4,996.16 $5,455.46 $6,073.41 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX) 450 $4,996.16 $5,455.46 $6,073.41 30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,919.52 $6,464.71 $7,194.81 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,840.49 $7,470.38 $8,315.01 30667 TREASURY ASSISTANT 399 $3,874.77 $4,230.27 $4,708.66 30125 VETERINARY ASSISTANT 400 $3,893.86 $4,251.75 $4,732.52 Packet Page 1309
30620 VOLUNTEER COORDINATOR 358 $3,157.79 $3,447.69 $3,837.79 30000 WEED ABATEMENT COORDINATOR 462 $5,303.95 $5,791.87 $6,448.01 (U) DENOTES UNCLASSIFIED
*SIGNIFIES EXEMPT STATUS
REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 6/21/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/16/23 REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 10/4/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 10/18/23 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 12/6/23 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 3/6/24 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 4/17/24 REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 6/26/24 REVISION ADOPTED BY MCC 2/2/22 REVISION ADOPTED BY MCC 1/15/25 REVISION ADOPTED BY MCC 2/16/22 REVISION ADOPTED BY MCC 2/19/25 REVISION ADOPTED BY MCC 3/16/22 REVISION ADOPTED BY MCC 4/2/25 REVISION ADOPTED BY MCC 4/6/22 REVISION ADOPTED BY MCC 6/18/25 REVISION ADOPTED BY MCC 5/18/22 REVISION ADOPTED BY MCC 07/16/25 REVISION ADOPTED BY MCC 6/15/22
Packet Page 1310
CLASS
CODE

CLASSIFICATION TITLE
SALARY
RANGE
BOTTOM
STEP (Step
1)

MID POINT
(Step 10)
TOP
STEP
(Step 21)
20013 ACCOUNTANT III 520 $6,976.20 $7,617.66 $8,479.99
20457 ADMINISTRATIVE SERVICES SUPERVISOR * 484 $5,829.55 $6,366.46 $7,085.46 20320 ANIMAL SERVICES MANAGER * 526 $7,187.67 $7,849.10 $8,737.28 20319 ANIMAL SERVICES SUPERVISOR * 478 $5,658.03 $6,178.48 $6,877.51 20620 AQUATICS SUPERVISOR 468 $5,381.94 $5,877.72 $6,542.68 20169 ASSOCIATE PLANNER * 530 $7,333.35 $8,007.71 $8,913.51 20250 BUILDING INSPECTION SUPERVISOR 542 $7,785.66 $8,501.14 $9,463.33 20263 BUSINESS REGISTRATION MANAGER * 530 $7,333.35 $8,007.71 $8,913.51 20271 BUYER 460 $5,171.64 $5,647.45 $6,286.57
20923 COMMUNITY RECREATION MANAGER * 556 $8,348.41 $9,116.76 $10,147.09 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR * 488 $5,947.04 $6,494.51 $7,228.79 20504 COMMUNITY SERVICES CENTER SUPERVISOR * 458 $5,121.13 $5,592.24 $6,224.30 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,714.42 $6,240.75 $6,945.65 20424 CONSTRUCTION MANAGER 585 $9,647.78 $10,534.79 $11,726.08 20600 CRIME FREE PROGRAM COORDINATOR * 490 $6,006.96 $6,559.13 $7,301.63 20616 CUSTODIAL SUPERVISOR * 477 $5,629.83 $6,147.94 $6,842.27 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $8,516.41 $9,300.03 $10,351.51 20441 ENGINEERING ASSOCIATE 532 $7,406.19 $8,087.60 $9,002.80 20444 ENVIRONMENTAL PROJECT MANAGER 560 $8,516.41 $9,300.03 $10,351.51 20024 EQUIPMENT MAINTENANCE MANAGER * 551 $8,142.81 $8,892.36 $9,898.02 20025 EQUIPMENT MAINTENANCE SUPERVISOR * 523 $7,081.93 $7,732.80 $8,608.05 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,804.67 $7,430.86 $8,270.87 20060 FOOD SERVICE SUPERVISOR * 478 $5,658.03 $6,178.48 $6,877.51 20160 FORENSICS SUPERVISOR 543 $7,824.43 $8,544.61 $9,510.33 20490 FORESTRY SUPERVISOR * 542 $7,785.66 $8,501.14 $9,463.33 20100 GRANTS MANAGER (U) * 506 $6,506.26 $7,104.26 $7,907.85 20170 LEAD FORENSICS SPECIALIST 516 $6,838.74 $7,467.28 $8,311.99 20388 LIBRARY CIRCULATION SUPERVISOR * 460 $5,171.64 $5,647.45 $6,286.57 20385 LIBRARY NETWORK ADMINISTRATOR * 492 $6,066.87 $6,624.92 $7,374.47 20387 LIBRARY PROGRAM COORDINATOR * 450 $4,920.23 $5,372.54 $5,981.11 20484 MAINTENANCE SUPERVISOR 522 $7,046.69 $7,694.03 $8,564.58 20555 NPDES MANAGER 525 $7,152.42 $7,810.33 $8,693.81
20178 PARK RANGER SUPERVISOR 480 $5,714.42 $6,240.75 $6,945.65 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $7,480.20 $8,168.66 $9,093.26 20400 PERMIT SERVICES SUPERVISOR 494 $6,127.96 $6,691.89 $7,448.48 20772 POLICE DISPATCH SUPERVISOR 514 $6,770.60 $7,393.27 $8,229.75 20765 POLICE RECORDS SUPERVISOR 464 $5,276.21 $5,761.41 $6,413.45 20019 PRINCIPAL ACCOUNTANT * 550 $8,101.69 $8,847.72 $9,848.68 20864 PROCUREMENT CONTRACT SPECIALIST * 520 $6,976.20 $7,617.66 $8,479.99 20949 PROPERTY AND EVIDENCE SUPERVISOR * 494 $6,127.96 $6,691.89 $7,448.48 20243 SENIOR PLANNER * 567 $8,819.52 $9,630.16 $10,719.24 20995 STATION MANAGER * 490 $6,006.96 $6,559.13 $7,301.63 20336 TECHNOLOGY LIBRARIAN * 502 $6,377.03 $6,964.45 $7,751.59 20437 TRAFFIC ENGINEERING ASSOCIATE * 532 $7,406.19 $8,087.60 $9,002.80 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST * 552 $8,183.93 $8,935.83 $9,947.37 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $7,443.78 $8,128.72 $9,047.44

MIDDLE MANAGEMENT SALARY SCHEDULE
EFFECTIVE 07.01.2025
Packet Page 1311
(U) DENOTES UNCLASSIFIED
*SIGNIFIES EXEMPT STATUS
REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 6/21/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/16/23 REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 10/4/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 10/18/23 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 12/6/23 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 3/6/24 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 4/17/24 REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 6/26/24 REVISION ADOPTED BY MCC 2/2/22 REVISION ADOPTED BY MCC 1/15/25 REVISION ADOPTED BY MCC 2/16/22 REVISION ADOPTED BY MCC 2/19/25 REVISION ADOPTED BY MCC 3/16/22 REVISION ADOPTED BY MCC 4/2/25 REVISION ADOPTED BY MCC 4/6/22 REVISION ADOPTED BY MCC 6/18/25 REVISION ADOPTED BY MCC 5/18/22 REVISION ADOPTED BY MCC 7/16/2025 REVISION ADOPTED BY MCC 6/15/22
Packet Page 1312
CLASS
CODE

CLASSIFICATION TITLE
SALARY
RANGE
BOTTOM
STEP
(Step 1)

MID POINT
(Step 10)
TOP
STEP
(Step 21)
32767 POLICE DISPATCHER I (FLEX) 433 $4,727.77 $5,162.57 $5,746.98 32768 POLICE DISPATCHER II 464 $5,518.08 $6,025.77 $6,707.37 REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 6/21/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/16/23 REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 10/4/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 10/18/23 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 12/6/23 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 3/6/24 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 4/17/24 REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 6/26/24 REVISION ADOPTED BY MCC 2/2/22 REVISION ADOPTED BY MCC 1/15/25 REVISION ADOPTED BY MCC 2/16/22 REVISION ADOPTED BY MCC 2/19/25 REVISION ADOPTED BY MCC 3/16/22 REVISION ADOPTED BY MCC 4/2/25 REVISION ADOPTED BY MCC 4/6/22 REVISION ADOPTED BY MCC 6/18/25 REVISION ADOPTED BY MCC 5/18/22 REVISION ADOPTED BY MCC 7/16/2025 REVISION ADOPTED BY MCC 6/15/22
SBPDA Salary Schedule
Effective 07.01.2025
Packet Page 1313
CLASS
CODE

CLASSIFICATION TITLE UNIT
SALARY
RANGE
BOTTOM
STEP (Step
1)

MID POINT
(Step 10)
TOP
STEP
(Step 21)
10012 ACCOUNTANT II - PAYROLL CONF 485 $5,714.24 $6,240.17 $6,946.00 10860 ACCOUNTING DIVISION MANAGER (U) * MGT 608 $10,553.07 $11,523.58 $12,827.53 10508 ADMINISTRATIVE ANALYST I FLEX (U) * CONF 496 $6,036.22 $6,591.94 $7,336.73 10510 ADMINISTRATIVE ANALYST II (U) * CONF 526 $7,010.17 $7,655.27 $8,521.51 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) CONF 464 $5,145.91 $5,619.13 $6,255.07 10094 ADMINISTRATIVE ASSISTANT TO THE CITY MANAGER (U) * CONF 430 $4,343.83 $4,742.58 $5,278.82 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U) CONF 410 $3,931.33 $4,292.27 $4,778.10 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U) CONF 430 $4,343.83 $4,742.58 $5,278.82 10534 ADMINISTRATIVE CLAIMS SPECIALIST CONF 420 $4,131.85 $4,512.27 $5,022.16 10979 ADMINISTRATIVE SUPERVISOR & EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) * MGT 535 $7,332.15 $8,007.04 $8,912.24 10492 ASSISTANT BUILDING OFFICIAL * MGT 583 $9,315.57 $10,172.65 $11,323.06 10216 ASSISTANT TO THE CITY MANAGER (U) * MGT 580 $9,178.07 $10,021.40 $11,155.77 10104 ASSISTANT TO THE MAYOR I (U) MGT 430 $4,343.83 $4,742.58 $5,278.82 10105 ASSISTANT TO THE MAYOR II (U) MGT 480 $5,573.30 $6,086.63 $6,774.13 10106 ASSISTANT TO THE MAYOR III (U) MGT 530 $7,152.25 $7,809.96 $8,693.39 10107 ASSISTANT TO THE MAYOR IV (U) MGT 580 $9,178.07 $10,021.40 $11,155.77 10042 AUDITOR I * CONF 515 $6,636.63 $7,247.35 $8,066.62 10043 AUDITOR II * CONF 537 $7,405.48 $8,087.25 $9,001.62 10060 BUDGET DIVISION MANAGER (U) * MGT 608 $10,553.07 $11,523.58 $12,827.53 10062 BUDGET OFFICER * MGT 581 $9,223.91 $10,071.82 $11,210.77 10500 BUILDING OFFICIAL (U) * MGT 613 $10,820.04 $11,814.62 $13,150.65 10870 CAPITAL IMPROVEMENT PROJECT MANAGER * MGT 591 $9,694.84 $10,587.44 $11,784.83 10398 CHIEF DEPUTY CITY CLERK (U) * MGT 565 $8,515.79 $9,299.53 $10,351.40 10801 CITY PLANNER (U) * MGT 629 $11,718.37 $12,796.59 $14,243.77 10495 CIVIL ENGINEERING DIVISION MANAGER (U) * MGT 620 $11,203.90 $12,235.14 $13,618.15 10273 CODE ENFORCEMENT DIVISION MANAGER (U) * MGT 563 $8,430.99 $9,206.72 $10,248.28 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR CONF 482 $5,629.45 $6,147.36 $6,842.88 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U) * MGT 600 $10,140.57 $11,073.27 $12,325.66 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U) * CONF 506 $6,345.59 $6,928.82 $7,712.56 10650 DEPUTY CITY CLERK I (U) * CONF 490 $5,858.61 $6,397.15 $7,121.31 10654 DEPUTY CITY CLERK II (U) * MGT 530 $7,152.25 $7,809.96 $8,693.39 10675 DEPUTY DIRECTOR OF ANIMAL SERVICES (U) * MGT 619 $11,147.75 $12,173.26 $13,550.55 10124 DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT (U) * MGT 629 $11,718.37 $12,796.59 $14,243.77 10066 DEPUTY DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U) * MGT 629 $11,718.37 $12,796.59 $14,243.77 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) * MGT 629 $11,718.37 $12,796.59 $14,243.77 10610 DEPUTY DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U) * MGT 629 $11,718.37 $12,796.59 $14,243.77 10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) * MGT 629 $11,718.37 $12,796.59 $14,243.77 10830 DEPUTY DIRECTOR OF OPERATIONS (U) * MGT 629 $11,718.37 $12,796.59 $14,243.77 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) * MGT 629 $11,718.37 $12,796.59 $14,243.77 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) * MGT 678 $14,962.21 $16,338.35 $18,186.56 10802 DEPUTY DIRECTOR/CITY PLANNER (U) * MGT 662 $13,815.23 $15,085.96 $16,792.09 10400 DEPUTY LIBRARY DIRECTOR (U) MGT 575 $8,951.20 $9,775.05 $10,880.77 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U) * MGT 590 $9,646.72 $10,534.73 $11,726.39 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U) * MGT 600 $10,140.57 $11,073.27 $12,325.66 10119 ECONOMIC DEVELOPMENT MANAGER (U) * MGT 560 $8,306.10 $9,070.37 $10,095.88 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER * MGT 560 $8,306.10 $9,070.37 $10,095.88 10120 ECONOMIC DEVELOPMENT SPECIALIST * CONF 500 $6,157.67 $6,724.86 $7,484.54 10367 EMERGENCY OPERATIONS MANAGER * MGT 565 $8,515.79 $9,299.53 $10,351.40 10180 ENGINEERING PROJECT MANAGER * MGT 590 $9,646.72 $10,534.73 $11,726.39 10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER * MGT 532 $7,223.29 $7,887.87 $8,780.47 10707 EXECUTIVE ASSISTANT (U) CONF 430 $4,343.83 $4,742.58 $5,278.82 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U) * CONF 464 $5,145.91 $5,619.13 $6,255.07 10978 EXECUTIVE ASSISTANT TO MAYOR (U) * CONF 502 $6,219.55 $6,792.46 $7,560.17 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) * CONF 502 $6,219.55 $6,792.46 $7,560.17 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U) MGT 550 $7,901.62 $8,629.22 $9,605.47 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) * MGT 591 $9,694.84 $10,587.44 $11,784.83 10512 FINANCIAL ANALYST * MGT 532 $7,223.29 $7,887.87 $8,780.47 10624 GIS ADMINISTRATOR * CONF 580 $9,178.07 $10,021.40 $11,155.77 10623 GIS ANALYST * CONF 483 $5,656.95 $6,178.30 $6,876.11 10730 GRANT DIVISION MANAGER (U) * MGT 601 $10,190.98 $11,128.27 $12,387.53 10778 GRANT WRITER CONF 506 $6,345.59 $6,928.82 $7,712.56 10698 HOMELESS OUTREACH COORDINATOR * MGT 532 $7,223.29 $7,887.87 $8,780.47 10700 HOMELESS SERVICES COORDINATOR * MGT 556 $8,142.25 $8,891.62 $9,896.51

MANAGEMENT/CONFIDENTIAL SALARY SCHEDULE
EFFECTIVE 07.01.2025
Packet Page 1314
10699 HOMELESS SOLUTIONS MANAGER (U) * MGT 601 $10,190.98 $11,128.27 $12,387.53 10121 HOUSING COMPLIANCE SPECIALIST * MGT 500 $6,157.67 $6,724.86 $7,484.54 10129 HOUSING DIVISION MANAGER (U) * MGT 601 $10,190.98 $11,128.27 $12,387.53 10683 HUMAN RESOURCES ANALYST I * CONF 500 $6,157.67 $6,724.86 $7,484.54 10684 HUMAN RESOURCES ANALYST II * CONF 518 $6,736.32 $7,356.21 $8,188.08 10682 HUMAN RESOURCES ANALYST TRAINEE CONF 476 $5,463.30 $5,966.32 $6,641.21 10672 HUMAN RESOURCES DIVISION MANAGER (U) * MGT 590 $9,646.72 $10,534.73 $11,726.39 10673 HUMAN RESOURCES GENERALIST CONF 490 $5,858.61 $6,397.15 $7,121.31 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX) * CONF 498 $6,096.94 $6,657.25 $7,411.21 10626 INFORMATION TECHNOLOGY ANALYST II * CONF 520 $6,803.92 $7,429.54 $8,270.58 10637 INFORMATION TECHNOLOGY MANAGER * MGT 599 $10,090.15 $11,018.27 $12,263.78 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) CONF 430 $4,343.83 $4,742.58 $5,278.82 10389 INFORMATION TECHNOLOGY TECHNICIAN II CONF 460 $5,043.93 $5,507.99 $6,131.32 10159 LAND DEVELOPMENT ENGINEER * MGT 590 $9,646.72 $10,534.73 $11,726.39 10319 LEGAL ADMINISTRATIVE ASSISTANT (U) CONF 497 $6,066.01 $6,625.17 $7,373.40 10233 LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U) * MGT 593 $9,792.24 $10,692.86 $11,902.85 10530 MANAGEMENT ANALYST I (FLEX) * MGT 476 $5,463.30 $5,966.32 $6,641.21 10531 MANAGEMENT ANALYST I (FLEX)(U) * MGT 476 $5,463.30 $5,966.32 $6,641.21 10533 MANAGEMENT ANALYST II (U) * MGT 506 $6,345.59 $6,928.82 $7,712.56 10532 MANAGEMENT ANALYST II * MGT 506 $6,345.59 $6,928.82 $7,712.56 10516 MARKETING & MEDIA SPECIALIST * CONF 476 $5,463.30 $5,966.32 $6,641.21 10503 MAYOR'S CHIEF OF STAFF (U) MGT 580 $9,178.07 $10,021.40 $11,155.77 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U) * MGT 561 $8,347.35 $9,116.20 $10,146.30 10528 NETWORK SYSTEMS ADMINISTRATOR * CONF 566 $8,558.18 $9,346.51 $10,402.96 10122 OMBUDSPERSON * CONF 518 $6,736.32 $7,356.21 $8,188.08 10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U) * MGT 591 $9,694.84 $10,587.44 $11,784.83 10064 PAYROLL SUPERVISOR * MGT 521 $6,838.29 $7,467.35 $8,311.83 10068 PAYROLL TECHNICIAN * CONF 430 $4,343.83 $4,742.58 $5,278.82 10713 PLANNING DIVISION MANAGER (U) * MGT 594 $9,841.51 $10,746.71 $11,962.43 10765 POLICE DISPATCH MANAGER * MGT 574 $8,906.51 $9,726.92 $10,826.92 10761 POLICE RECORDS MANAGER * MGT 574 $8,906.51 $9,726.92 $10,826.92 10509 PRINCIPAL ADMINISTRATIVE ANALYST (U) MGT 598 $10,039.73 $10,963.27 $12,203.06 10182 PRINCIPAL CIVIL ENGINEER * MGT 600 $10,140.57 $11,073.27 $12,325.66 10243 PRINCIPAL PLANNER ** MGT 613 $10,820.04 $11,814.62 $13,150.65 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) * MGT 550 $7,901.62 $8,629.22 $9,605.47 10212 PUBLIC INFORMATION OFFICER (U) * MGT 593 $9,792.24 $10,692.86 $11,902.85 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER * MGT 510 $6,472.78 $7,068.61 $7,868.39 10863 PURCHASING DIVISION MANAGER (U) * MGT 598 $10,039.73 $10,963.27 $12,203.06 10440 REAL PROPERTY MANAGER * MGT 580 $9,178.07 $10,021.40 $11,155.77 10259 RECORDS MANAGEMENT SPECIALIST (U) CONF 460 $5,043.93 $5,507.99 $6,131.32 10690 RISK DIVISION MANAGER (U) * MGT 590 $9,646.72 $10,534.73 $11,726.39 10538 SAFETY OFFICER * CONF 530 $7,152.25 $7,809.96 $8,693.39 10511 SENIOR ADMINISTRATIVE ANALYST (U) CONF 576 $8,995.89 $9,824.32 $10,934.63 10154 SENIOR CIVIL ENGINEER * MGT 581 $9,223.91 $10,071.82 $11,210.77 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) CONF 435 $4,452.68 $4,862.89 $5,412.89 10118 SENIOR ECONOMIC DEVELOPMENT MANAGER * MGT 600 $10,140.57 $11,073.27 $12,325.66 10632 SENIOR GIS ANALYST * CONF 530 $7,152.25 $7,809.96 $8,693.39 10656 SENIOR HUMAN RESOURCES TECHNICIAN CONF 461 $5,069.14 $5,535.49 $6,162.26 10622 SENIOR INFORMATION TECHNOLOGY ANALYST * CONF 553 $8,020.79 $8,758.70 $9,749.84 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN CONF 488 $5,800.18 $6,334.13 $7,050.27 10514 SENIOR MANAGEMENT ANALYST (U) * MGT 556 $8,142.25 $8,891.62 $9,896.51 10513 SENIOR MANAGEMENT ANALYST * MGT 556 $8,142.25 $8,891.62 $9,896.51 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR * CONF 592 $9,744.11 $10,640.15 $11,843.27 10223 SENIOR OFFICE ASSISTANT (U) CONF 375 $3,301.13 $3,604.77 $4,012.69 10300 SHELTER VETERINARIAN * MGT 678 $14,962.21 $16,338.35 $18,186.56 10689 SUPERVISING HUMAN RESOURCES ANALYST * CONF 559 $8,264.85 $9,025.68 $10,045.46 10443 TRAFFIC ENGINEER * MGT 573 $8,862.97 $9,677.65 $10,773.06 10740 TREASURY MANAGER * MGT 598 $10,039.73 $10,963.27 $12,203.06 (U) DENOTES UNCLASSIFIED
*SIGNIFIES EXEMPT STATUS
REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 6/21/23 Packet Page 1315
REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/16/23 REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 10/4/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 10/18/23 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 12/6/23 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 3/6/24 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 4/17/24 REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 6/26/24 REVISION ADOPTED BY MCC 2/2/22 REVISION ADOPTED BY MCC 1/15/25 REVISION ADOPTED BY MCC 2/16/22 REVISION ADOPTED BY MCC 2/19/25 REVISION ADOPTED BY MCC 3/16/22 REVISION ADOPTED BY MCC 4/2/25 REVISION ADOPTED BY MCC 4/6/22 REVISION ADOPTED BY MCC 6/18/25 REVISION ADOPTED BY MCC 5/18/22 REVISION ADOPTED BY MCC 7/16/25 REVISION ADOPTED BY MCC 6/15/22
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 16, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Rolland Kornblau, Director of Information Technology
Department: Information Technology
Subject: Authorize a three-year Enterprise Agreement with Earth Science Research Institute, Inc. to purchase GIS software and services in the amount of $596,376 (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 an Enterprise Agreement with Earth Science Research Institute, Inc. (ESRI) for Geographic Information System (GIS) software and services for a three-year term; and

2. Authorize the Director of Finance and Management Services, or their designee, to issue a purchase order in the amount of $198,792 for Year 1, with purchase orders for Years 2 and 3 to be issued annually, subject to the availability of funds and adoption of the applicable fiscal year budgets.

Executive Summary
Staff is seeking approval for a three-year Enterprise Agreement with ESRI for Geographic Information System (GIS) software and services. The agreement, totaling $596,376 (including a 10% contingency), provides essential ArcGIS Business Analyst subscriptions and annual maintenance for $180,720 annually ($180,400 for core ArcGIS Business Analyst and $320 for Business Analyst Annual Subscription).

ESRI's GIS platform is critical infrastructure, supporting public safety, utilities, planning, and public works. The city has used ESRI for over two decades, making this essential for continued operations and service delivery. Funding for this agreement is included in the FY 2025/26 adopted operating budget and will be accounted for in subsequent annual budgets.

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Background
At the June 15, 2022, Mayor and City Council meeting, the Mayor and City Council approved item 24, an Enterprise Agreement with Earth Science Research Institution, Inc., for annual usage fees and software support. The City of San Bernardino has been utilizing ESRI's Geographic Information System (GIS) software and services for over two decades, making it an integral component of the City's technology infrastructure.

ESRI's ArcGIS platform serves as the foundation for critical municipal operations including public safety dispatch, emergency response coordination, asset management, utility operations, planning and development services, and public works maintenance activities. The continuity of ESRI services is critical to maintaining operational efficiency and ensuring uninterrupted service delivery to residents. Any disruption in GIS services would significantly impact the City's ability to respond to emergencies, manage infrastructure, and provide essential municipal services.

Discussion
The City of San Bernardino has relied on ESRI's GIS software for over two decades, making it integral to municipal operations like emergency response, asset management, and planning. The Enterprise Agreement includes software licensing, technical support, training resources, and system updates necessary to maintain the City's GIS infrastructure. The proposed agreement reflects updated pricing and includes ArcGIS Business Analyst Subscription and Annual Maintenance: $180,400 per year and Business Analyst Annual Subscription: $320 per year. The annual cost totals $180,720. A 10% contingency is included for unforeseen scope adjustments for the 3-year term. The three-year schedule is:
• Year 1: $180,720
• Year 2: $180,720
• Year 3: $180,720
• Subtotal: $542,160
• 10% Contingency: $54,216
• Total 3-Year Agreement: $596,376
ESRI is a sole-source provider due to the City's existing infrastructure, extensive staff training, and the high cost and disruption of migrating to an alternative system. This multi-year agreement ensures cost stability, continued access to critical GIS functionality, and aligns with the City's strategic targets for operational efficiencies. The continuity of ESRI services is critical to maintaining operational efficiency and ensuring uninterrupted service delivery to residents.
2021-2025 Strategic Targets and Goals
Authorization of this agreement aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community. Software applications are maintained to achieve operational efficiencies and support the organizational effectiveness of evolving processes.

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Fiscal Impact
The annual cost of $180,720 for this agreement is included in the FY 2025/26 adopted operating budget and will be included in the operating budget for each respective fiscal year. The total three-year commitment, including contingency, is $596,376.

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

1. Authorize the City Manager to execute an Enterprise Agreement with Earth Science Research Institute, Inc. (ESRI) for Geographic Information System (GIS) software and services for a three-year term; and

2. Authorize the Director of Finance and Management Services, or their designee, to issue a purchase order in the amount of $198,792 for Year 1, with purchase orders for Years 2 and 3 to be issued annually, subject to the availability of funds and adoption of the applicable fiscal year budgets.

Attachments
Attachment 1 – ESRI Enterprise Agreement
Attachment 2 – ESRI QUOTE
Attachment 3 – ESRI SSJ Justification Form
Ward:

All Wards
Synopsis of Previous Council Actions:

On June 15, 2022, the Mayor and City Council approved an Enterprise Agreement with Earth Science Research Institution, Inc.

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City of San Bernardino
Finance Department, Purchasing Division

JUSTIFICATION OF SINGLE/SOLE SOURCE REQUEST
ITEM Description: Geographic Information System Software and Services DATE: 06/25/2025 Name of Vendor: Earth Science Research Institute ESRI Select Source:
__ __Sole Source: Item is manufactured and/or only distributed by one vendor. ____ Single Source: Item is available from several vendors, but item is the only one that will work.

Please answer all questions in detail, in order to prevent delays in the evaluation. Please do not provide one sentence answers. If any additional pages are needed to answer all questions, please attach all pages to this document.

1. Why is the acquisition restricted to this good/service/supplier? (Explain why the acquisition cannot be competitively bid). Please enter answer below:

While alternative GIS software solutions exist in the market, the City's acquisition is restricted to ESRI due to the City's existing infrastructure and operational requirements. The City's GIS infrastructure has been built exclusively on ESRI's ArcGIS platform for over two decades, creating technical dependencies that make alternative solutions incompatible with existing systems. The City's operational systems, databases, customizations, and workflows are specifically designed around ESRI's technology, and transitioning to alternative platforms would require complete system replacement rather than simple substitutions.

2. Describe the uniqueness of the purchase (why was the good/service/supplier chosen?) Please enter the answer below:

ESRI's ArcGIS platform provides unique proprietary mapping algorithms, specialized analytical tools, and data processing capabilities that are integral to the City's critical municipal operations. The City requires continuity of the specific ArcGIS Business Analyst functionality for emergency response coordination, public safety dispatch, utility operations, asset management, and planning services.

ESRI's software provides seamless integration with existing databases, emergency response systems, and regional partner systems that also utilize ESRI platforms. The specialized functionality, technical architecture, and data compatibility requirements make ESRI's solution uniquely suited to meet the City's operational needs.

3. What are the consequences of not purchasing the goods/service or contracting with the proposed supplier? Procurement services provided to the departments/vendors would be delayed.

Critical municipal operations would be severely impacted including:

Emergency response and public safety dispatch systems would lose GIS mapping capabilities Utility operations and infrastructure management would be disrupted Planning and development services would be unable to perform spatial analysis Asset management and public works maintenance scheduling would be compromised Loss of over 20 years of customized workflows, databases, and system integrations Packet Page 1329
Inability to coordinate with regional partners using ESRI platforms Significant operational downtime during any attempted system migration Potential public safety risks due to compromised emergency response capabilities

4. What market research was conducted to substantiate the single source, including evaluation of other items considered?
None.
a. (Please provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names, addresses and phone numbers of suppliers contacted and the reasons for not considering them must be included or an explanation of why the survey or effort to identify other goods/services was not performed.) All alternatives were determined to be inappropriate due to:

Data Conversion Challenges: Over 20 years of spatial data, custom databases, and workflows built specifically for ESRI's proprietary formats cannot be easily converted to other platforms without significant data loss and functionality compromise.

Integration Requirements: Existing emergency response systems, utility management databases, and regional coordination systems are specifically designed to interface with ESRI's ArcGIS platform and cannot integrate with alternative solutions without complete system redesign.

Training and Expertise: Over 50 City staff members have been trained exclusively on ESRI platforms, representing a significant investment in human capital that would be lost with platform migration.

Regional Compatibility: Regional partners and mutual aid agencies utilize ESRI platforms, requiring compatible systems for emergency response coordination.

Cost Analysis: Migration costs including software licensing, data conversion, system integration, staff retraining, and operational downtime were estimated to exceed $2 million, making alternatives cost prohibitive compared to continued ESRI usage.

While these alternatives are viable GIS solutions, they are not compatible with the City's existing infrastructure and operational requirements, making ESRI the only practical choice for continued operations.

5. How was the price offered determined to be fair and reasonable? Explain what the basis was for comparison and include cost analyses as applicable. (I.E. Compared to vendor’s previous or current offer to the city or to another agency/company – or any other method of comparison that will substantiate fair and reasonable pricing in the absence of competition) Pricing was determined to be fair and reasonable through:

Historical Comparison: Current pricing represents only a minimal increase from the previous 2022 ESRI Enterprise Agreement, demonstrating cost stability over the three-year period.

Government Pricing: ESRI provides standardized government pricing that is consistent across similar municipal clients, ensuring the City receives equivalent rates to other comparable government entities.

Cost Analysis: The annual cost of $180,720 is significantly less than the estimated $2+ million cost of migrating to alternative platforms, plus ongoing operational costs.

Multi-Year Stability: The three-year agreement provides cost certainty and protection against annual price fluctuations, representing better value than year-to-year contracts.

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Industry Standard: ESRI's pricing structure is consistent with industry standards for enterprise GIS software and maintenance services for organizations of similar size and complexity.

6. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier.

Cost savings and avoided costs include:

Migration Avoidance: Avoiding estimated $2+ million in platform migration costs including software licensing, data conversion, system integration, and staff retraining.

Operational Continuity: Preventing costly operational disruptions to critical services including emergency response, utilities, and public safety.

Training Efficiency: Leveraging existing staff expertise and training investment, avoiding $200,000+ in retraining costs for 50+ staff members.

Multi-Year Pricing: Three-year agreement provides cost stability and potential savings compared to annual contract renewals subject to price increases.

Integration Savings: Avoiding costs associated with rebuilding integrations with emergency response systems, utility databases, and regional partner systems.

Data Integrity: Preventing potential data loss and corruption costs associated with converting 20+ years of spatial databases and custom applications.

1. ____________________________ _________________ Department Head Date

2. ____________________________ _________________ Approved Not Approved (Up to $50,000)
Director of Finance & Management Services Date

3. ____________________________ _________________ Approved Not Approved (Up to $100,000)
City Manager Date
Justification: ______________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ 4. Over $100,000 – must be submitted for City Council Approval.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 16, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Rolland Kornblau, Director of Information Technology
Department: Information Technology
Subject: Authorization of Annual Technology Infrastructure Services and Software Licensing not to exceed
$1,503,810.88 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Authorize the Director of Finance & Management Services, or their designee, to issue a purchase order to Tyler Technologies, Inc., Frontier California, Verizon, Harris Computer Systems, Solutions Simplified for DocuSign, ECS Imaging, Inc., in an amount not to exceed $1,503,810.88.

Executive Summary
The Information Technology Department requests Council authorization for annual technology purchase orders totaling $1,503,810.88 for Fiscal Year (FY) 2025-26. This represents a necessary increase from the previous year's authorization, reflecting natural growth in users and services, as well as the ongoing need to maintain a robust and secure technological environment. This proposal continues proven vendor partnerships that successfully supported city operations in FY 2024-25, ensuring uninterrupted municipal services across all departments. Six (6) established vendors will provide essential services, including public safety systems, financial management, human resources platforms, telecommunications infrastructure, and general IT support. The budget includes a 10% contingency reserve to accommodate service modifications or unexpected technical requirements that may arise throughout the fiscal year.

Background
The City of San Bernardino actively continues to upgrade and maintain its technology Packet Page 1332
infrastructure as an ongoing endeavor, with annual procurements that are essential for the deployment of innovative solutions across various city departments. These purchases are annual recurring charges for usage fees, software maintenance, and hardware maintenance, reflecting the city's proactive approach to technology management. The annual agreements are with trusted vendors: Tyler Technologies for public sector software (CAD and financial systems), Solutions Simplified for DocuSign to streamline digital signatures, Harris Computer Systems for financial management and payroll systems, ECS Imaging, Inc. for public safety records management, and Verizon and Frontier for essential internet connectivity and telephone services. These partnerships are critical to supporting the diverse technological needs of the city.

Discussion
The IT Department has conducted a comprehensive cost analysis based on current usage patterns and projected growth. Budget calculations incorporate historical usage data from FY 2024-25, vendor quotes, and anticipated service expansion requirements. For telecommunications providers (Verizon and Frontier), projections utilize average monthly costs from the previous fiscal year plus growth factors to account for increased data consumption and connectivity demands. All other vendors have provided formal pricing through executed quotations, ensuring transparency and accuracy.

A standard 10% operational contingency has been applied across all services to accommodate unforeseen service modifications, user growth, emergency technical requirements, or potential inflationary adjustments that may arise during the fiscal year.

This contingency is a crucial component of responsible budget planning, allowing for agility in responding to dynamic technological needs without requiring immediate supplemental appropriations.

VENDOR AMOUNT CONTINGENCY
(10%) Total Amount
Tyler Technologies (CAD) $420,640.21 $42,064.02 $462,704.23 Tyler Technologies (AEGIS) $219,045.54 $21,904.55 $240,950.09 Frontier California $287,933.78 $28,793.38 $316,727.16
Verizon Wireless $180,000.00 $18,000.00 $198,000.00
Verizon (MDC - Public Safety) $90,000.00 $9,000.00 $99,000.00 Harris Computer Systems $67,207.02 $6,720.70 $73,927.72 ECS Imaging, Inc. $20,046.25 $2,004.63 $22,050.88
Solutions Simplified (DocuSign) $82,228.00 $8,222.80 $90,450.80 TOTAL $1,503,810.88
Maintaining these vital contracts ensures that City staff have access to the necessary tools and infrastructure to efficiently deliver services to our residents, from emergency Packet Page 1333
response to administrative functions. The continued investment in these technologies directly contributes to improved operational efficiency, data security, and overall municipal service delivery.
2021-2025 Strategic Targets and Goals
Authorization of the ongoing purchase orders aligns with Key Target No. 2:

Focused, Aligned, Leadership and Unified Community. Software and hardware applications are maintained to achieve operational efficiencies and support the organizational effectiveness of evolving processes.

Fiscal Impact
Funding is available within the approved FY 2025-26 Information Technology operating budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Authorize the Director of Finance & Management Services, or their designee, to issue a purchase order to Tyler Technologies, Inc., Frontier California, Verizon, Harris Computer Systems, Solutions Simplified for DocuSign, ECS Imaging, Inc., in an amount not to exceed $1,503,810.88.

Attachments
Attachment 1 - Tyler Technologies CAD
Attachment 2 - Frontier - Expense Report
Attachment 3 - Verizon - Expense Report
Attachment 4 - Verizon - MDC Expense Report
Attachment 5 - Harris Renewal Estimate
Attachment 6 - ECS Imaging Estimate
Attachment 7 - Solutions Simplified Quote
Ward:

All Wards
Synopsis of Previous Council Actions:

August 7, 2024 The Mayor and City Council adopter the purchase authorization for 2024-25 Annual Usage Fees, Software Maintenance, and Hardware Maintenance
July 19, 2023 The Mayor and City Council adopter the purchase authorization for 2023-24 Annual Usage Fees, Software Maintenance, and Hardware Maintenance.

June 15, 2022 The Mayor and City Council adopted the purchase authorization for FY 2022-23 Annual Usage Fees, Software Maintenance, and Hardware Maintenance.

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1 of 5
Company Date

PROFORMA
36826 03/04/2025

THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: [email protected]
*130$36826%5-*

SAN BERNARDINO (AEGIS)
ATTN: TECHNOLOGY
290 NORTH D STREET
SAN BERNARDINO, CA 92401-1112
United States
To: Ship To:

Customer Grp/No. Payment Terms Currency Code
Net 45 USD

SAN BERNARDINO (AEGIS)
ATTN: TECHNOLOGY
290 NORTH D STREET
SAN BERNARDINO, CA 92401-1112
United States
1 50197
Customer PO# Ship Via
ELEC
Salesperson Cd
No. Item/ Description/ Comments Quantity U/M Unit Price Total Cost Contract Date
Contract No.: San Bernardino, CA
1 Renewal: 1 EA 10,209.33 10,209.33
30/Jun/2020 New World Third Party LE Records Interface Standard Maintenance - Ticket Writer Interface Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 2 Renewal: 4 EA 765.93 3,063.73
30/Jun/2020 CAD Data Mart Standard Maintenance
Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 3 Renewal: 33 EA 127.62 4,211.36
30/Jun/2020 ArcGIS Runtime CAD Desktop Workstations Maintenance Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 4 Renewal: 4 EA 765.70 3,062.81
30/Jun/2020 Law Enforcement Management Data Mart (^CAD, RMS) Standard Maintenance - Includes 10+ users Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 5 Renewal: 1 EA 4,338.97 4,338.97
30/Jun/2020 Additional New World Enterprise Standard Maintenance for CAD - CAD AVL Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 6 Renewal: 1 EA 4,338.97 4,338.97
30/Jun/2020 Additional New World Enterprise Standard Maintenance for CAD - Service Vehicle Rotation Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 7 Renewal: 1 EA 11,230.25 11,230.25
30/Jun/2020 New World Enterprise Third Party Interface Standard Maintenance - On-Line CAD Interface to State/NCIC Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 8 Renewal: 1 EA 4,594.20 4,594.20
30/Jun/2020 New World Enterprise Third Party Interface Standard Maintenance Pre-Arrival Questionnaire Interface Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 9 Renewal: 1 EA 22,235.91 22,235.91
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2 of 5
Company Date

PROFORMA
36826 03/04/2025

THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: [email protected]
No. Item/ Description/ Comments Quantity U/M Unit Price Total Cost Contract Date
30/Jun/2020 New World Single Jurisdiction Base LE Records Standard Maintenance Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 10 Renewal: 1 EA 7,657.00 7,657.00
30/Jun/2020 New World Federal and State Compliance Reporting for LE Records Standard Maintenance - Federal UCR/IBR Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 11 Renewal: 1 EA 3,828.50 3,828.50
30/Jun/2020 Additional New World Software for LE Records Standard Maintenance - Field Investigations Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 12 Renewal: 1 EA 3,828.50 3,828.50
30/Jun/2020 Additional New World Software for LE Records Standard Maintenance - Case Management Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 13 Renewal: 1 EA 5,359.89 5,359.89
30/Jun/2020 Additional New World Software for LE Records Standard Maintenance - Alarm Tracking and Billing Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 14 Renewal: 1 EA 3,828.50 3,828.50
30/Jun/2020 Additional New World Software for LE Records Standard Maintenance - Property Room Bar Coding Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 15 Renewal: 1 EA 5,359.89 5,359.89
30/Jun/2020 Additional New World Software for LE Records Standard Maintenance - Narcotics Mgmt Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 16 Renewal: 1 EA 7,657.00 7,657.00
30/Jun/2020 New World Data Analysis and Mapping for Corrections MSP Standard Maintenance Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 17 Renewal: 1 EA 7,657.00 7,657.00
30/Jun/2020 New World Federal and State Compliance Reporting for LE Records Standard Maintenance - State Accidents Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 18 Renewal: 1 EA 16,171.56 16,171.56
30/Jun/2020 New World Fire Records Standard Maintenance Base Package Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 19 Renewal: 1 EA 20,929.11 20,929.11
30/Jun/2020 New World MSP Third Party CAD Interface Standard Maintenance -New World State/NCIC Interface Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months :

Packet Page 1336
Page
3 of 5
Company Date

PROFORMA
36826 03/04/2025

THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: [email protected]
No. Item/ Description/ Comments Quantity U/M Unit Price Total Cost Contract Date
20 Renewal: 1 EA 306.27 306.27
30/Jun/2020 New World Third Party Corrections Interface Standard Maintenance - VINE Interface Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 21 Renewal: 156 EA 25.53 3,981.98
30/Jun/2020 New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - State Photo Download Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 22 Renewal: 156 EA 102.09 15,926.27
30/Jun/2020 New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - LE State/NCIC via Switch Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 23 Renewal: 176 EA 102.09 17,968.10
30/Jun/2020 New World Mobile Management Server Standard Maintenance (151-200 units) - LE Field Reporting Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 24 Renewal: 156 EA 38.28 5,972.15
30/Jun/2020 New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - In-Car Mapping Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 25 Renewal: 1 EA 0.00 0.00
30/Jun/2020 New World Standard Maintenance - Scene PD
Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 26 Renewal: 1 EA 4,594.20 4,594.20
30/Jun/2020 New World Communications Server to State/NCIC Standard Maintenance Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 27 Renewal: 176 EA 76.58 13,477.46
30/Jun/2020 New World Law Enforcement Mobile Unit Standard Maintenance - Field-Based Reporting - LE Accident Field Reporting Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 28 Renewal: 156 EA 38.28 5,972.15
30/Jun/2020 ArcGIS Runtime Mobile In-Car
Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 29 Renewal: 191 EA 19.14 3,656.03
30/Jun/2020 New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - New World AVL Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 30 Renewal: 1 EA 4,594.20 4,594.20
30/Jun/2020 New World Third Party LE Records Interface Standard Maintenance - Livescan Interface Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months Packet Page 1337
Page
4 of 5
Company Date

PROFORMA
36826 03/04/2025

THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: [email protected]
No. Item/ Description/ Comments Quantity U/M Unit Price Total Cost Contract Date
31 Renewal: 1 EA 765.70 765.70
30/Jun/2020 New World Imaging Standard Maintenance - LE Public Safety Lineups/Mug Shots Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 32 Renewal: 1 EA 22,572.83 22,572.83
30/Jun/2020 New World Corrections Management Standard Maintenance Base Package Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 33 Renewal: 1 EA 2,935.18 2,935.18
30/Jun/2020 New World Third Party LE Records Interface Standard Maintenance - Citizen Reporting Interface Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 34 Renewal: 1 EA 4,338.97 4,338.97
30/Jun/2020 Additional New World Standard Maintenance for Corrections Management - BarCoding Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 35 Renewal: 200 EA 76.58 15,315.30
30/Jun/2020 New World Field Reporting Server Standard Maintenance Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 36 Renewal: 1 EA 8,677.92 8,677.92
30/Jun/2020 New World Corrections Compliance Federal & State Reporting MSP Standard Maintenance Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 37 Renewal: 1 EA 28,075.65 28,075.65
30/Jun/2020 New World Mobile Messaging Server Standard Maintenance Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 38 Renewal: 1 EA 7,529.38 7,529.38
30/Jun/2020 ArcGIS Advanced Enterprise Server Integration Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 39 Renewal: 1 EA 2,935.18 2,935.18
30/Jun/2020 New World Third Party LE Records Interface Standard Maintenance - LINX Interface Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 40 Renewal: 156 EA 25.53 3,981.98
30/Jun/2020 New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - In-Car Routing Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 41 Renewal: 156 EA 25.53 3,981.98
30/Jun/2020 New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - Mugshot Image Download Packet Page 1338
Page
5 of 5
Company Date

PROFORMA
36826 03/04/2025

THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: [email protected]
No. Item/ Description/ Comments Quantity U/M Unit Price Total Cost Contract Date
Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 42 Renewal: 1 EA 4,594.20 4,594.20
30/Jun/2020 New World Enterprise Third Party Interface Standard Maintenance - E-911 Interface Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 43 Renewal: 33 EA 1,210.04 39,931.35
30/Jun/2020 New World Enterprise Combined LE/Fire/EMS CAD Standard Maintenance Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 44 Renewal: 1 EA 4,594.20 4,594.20
30/Jun/2020 New World Enterprise Third Party Interface Standard Maintenance - CAD Paging Interface Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 45 Renewal: 1 EA 0.00 0.00
29/Jan/2021 Field Interview Interface (Supports Brazos) Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 46 Renewal: 1 EA 1,450.00 1,450.00
27/Sep/2023 GIS Data Update Service (quarterly)
Cycle Start: 07/01/2025, End: 09/30/2025; Term: 3 months Does not include any applicable taxes Order Total: 377,691.11 Comments: Upon acceptance please email your purchase order to [email protected] Packet Page 1339
Page
1 of 1
Company Date

PROFORMA
36825 03/04/2025

THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: [email protected]
*130$36825%1-*

SAN BERNARDINO POLICE DEPARTMENT
710 NORTH D STREET
SAN BERNARDINO, CA 92401-1112
United States
To: Ship To:

Customer Grp/No. Payment Terms Currency Code
Net 45 USD

SAN BERNARDINO POLICE DEPARTMENT
710 NORTH D STREET
SAN BERNARDINO, CA 92401-1112
United States
1 50197
Customer PO# Ship Via
ELEC
Salesperson Cd
No. Item/ Description/ Comments Quantity U/M Unit Price Total Cost Contract Date
Contract No.: San Bernardino, CA
1 Renewal: 1 EA 2,100.00 2,100.00
11/Apr/2024 California Stop Data Annual SaaS Fee
Cycle Start: 01/01/2026, End: 12/31/2026; Term: 12 months 2 Renewal: 269 EA 63.00 16,947.00
11/Apr/2024 California Stop Data User Fee
Cycle Start: 01/01/2026, End: 12/31/2026; Term: 12 months Does not include any applicable taxes Order Total: 19,047.00 Comments: Upon acceptance please email your purchase order to [email protected] Packet Page 1340
Page
1 of 1
Company Date

PROFORMA
36824 03/04/2025

THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: [email protected]
*130$36824%1-*

SAN BERNARDINO POLICE DEPARTMENT
710 NORTH D STREET
SAN BERNARDINO, CA 92401-1112
United States
To: Ship To:

Customer Grp/No. Payment Terms Currency Code
Net 45 USD

SAN BERNARDINO POLICE DEPARTMENT
710 NORTH D STREET
SAN BERNARDINO, CA 92401-1112
United States
1 50197
Customer PO# Ship Via
ELEC
Salesperson Cd
No. Item/ Description/ Comments Quantity U/M Unit Price Total Cost Contract Date
Contract No.: San Bernardino, CA
1 Renewal: 69 EA 182.34 12,581.67
23/Jun/2021 LIC: REF License - IOS
Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 2 Renewal: 1 EA 4,194.08 4,194.08
23/Jun/2021 Brazos Hosting Fee
Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months Does not include any applicable taxes Order Total: 16,775.75 Comments: Upon acceptance please email your purchase order to [email protected] Packet Page 1341
Page
1 of 2
Company Date

PROFORMA
36823 03/04/2025

THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: [email protected]
*130$36823%2-*

SAN BERNARDINO (AEGIS)
ATTN: TECHNOLOGY
290 NORTH D STREET
SAN BERNARDINO, CA 92401-1112
United States
To: Ship To:

Customer Grp/No. Payment Terms Currency Code
Net 45 USD

SAN BERNARDINO (AEGIS)
ATTN: TECHNOLOGY
290 NORTH D STREET
SAN BERNARDINO, CA 92401-1112
United States
1 50197
Customer PO# Ship Via
ELEC
Salesperson Cd
No. Item/ Description/ Comments Quantity U/M Unit Price Total Cost Contract Date
Contract No.: San Bernardino, CA
1 Renewal: 1 EA 1,285.85 1,285.85
30/Jun/2020 Server Hosting
Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 2 Renewal: 9 EA 234.89 2,113.97
30/Jun/2020 Brazos eCitation Maintenance - Brazos Rapid Extension Framework - MDC or TABLET Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months :
3 Renewal: 9 EA 110.53 994.80
30/Jun/2020 Brazos Interface Annual Maintenance - State Compliant Crash Report Software with Drawing Tool Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 4 Renewal: 1 EA 798.28 798.28
30/Jun/2020 Brazos Software Maintenance - Task : Field Interview Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 5 Renewal: 1 EA 280.01 280.01
13/May/2019 Server Hosting
Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months :
6 Renewal: 4 EA 202.70 810.81
13/Oct/2020 eCitation - Brazos Rapid extension Framework - MDC or TABLET Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months :
7 Renewal: 4 EA 107.32 429.28
13/Oct/2020 CHP555 Crash Report Software with Drawing Tool Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months 8 Renewal: 1 EA 413.35 413.35
13/Oct/2020 Brazos Hosting Fee
Cycle Start: 07/01/2025, End: 06/30/2026; Term: 12 months Packet Page 1342
Page
2 of 2
Company Date

PROFORMA
36823 03/04/2025

THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: [email protected]
No. Item/ Description/ Comments Quantity U/M Unit Price Total Cost Contract Date
Does not include any applicable taxes Order Total: 7,126.35 Comments: Upon acceptance please email your purchase order to [email protected] Packet Page 1343
Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 679 - Information technology
Department 250 - Information Technology
Program 0060 - Network Services
Account 5157 - Telephone Charges
4398 - FRONTIER CALIFORNIA INC 71224 07/12/24-08/11/24

LANDLINE SERVICES
909-796-0187-040124-
5 Paid by Check
# 915801
07/12/2024 09/23/2024 09/23/2024 09/26/2024 68.47
4398 - FRONTIER CALIFORNIA INC 72824 07/28/24-08/27/24

LANDLINE SERVICES
209-188-3190-060392-
5 Paid by Check
# 915181
07/28/2024 08/05/2024 08/05/2024 08/22/2024 17,519.46
4398 - FRONTIER CALIFORNIA INC 81224 08/12/24-09/11/24

LANDLINE SERVICES
909-796-0187-040124-
5 Paid by Check
# 915801
08/12/2024 09/23/2024 09/23/2024 09/26/2024 68.47
4398 - FRONTIER CALIFORNIA INC 82824 08/28/24-09/27/24

LANDLINE SERVICES
209-188-3190-060392-
5 Paid by Check
# 915647
08/28/2024 09/03/2024 09/03/2024 09/19/2024 17,456.40
4398 - FRONTIER CALIFORNIA INC 91224 09/12/24-10/11/24

LANDLINE SERVICES
909-796-0187-040124-
5 Paid by Check
# 915801
09/12/2024 09/23/2024 09/23/2024 09/26/2024 100.55
4398 - FRONTIER CALIFORNIA INC 92824 09/28/24-10/27/24

LANDLINE SERVICES
209-188-3190-060392-
5 Paid by Check
# 916011
09/28/2024 10/08/2024 10/08/2024 10/10/2024 17,864.78
4398 - FRONTIER CALIFORNIA INC 101224 10/12/24-11/11/24

LANDLINE SERVICES
909-796-0187-040124-
5 Paid by Check
# 916328
10/12/2024 10/23/2024 10/23/2024 10/31/2024 85.41
4398 - FRONTIER CALIFORNIA INC 102824 10/28/24-11/27/24

LANDLINE SERVICES
209-188-3190-060392-
5 Paid by Check
# 916735
10/28/2024 11/05/2024 11/05/2024 11/21/2024 18,191.78
4398 - FRONTIER CALIFORNIA INC 111224 11/12/24-12/11/24

LANDLINE SERVICES
909-796-0187-040124-
5 Paid by Check
# 916893
11/12/2024 11/18/2024 11/18/2024 12/05/2024 85.41
4398 - FRONTIER CALIFORNIA INC 112824 11/28/24-12/27/24

LANDLINE SERVICES
209-188-3190-060392-
5 Paid by Check
# 917039
11/28/2024 12/05/2024 12/05/2024 12/12/2024 18,690.17
Run by Denise Martinez on 06/12/2025 03:22:33 PM Page 1 of 3 Accounts Payable by G/L Distribution Report
Invoice Date Range 07/01/24 - 06/30/25
Packet Page 1344
Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 679 - Information technology
Department 250 - Information Technology
Program 0060 - Network Services
Account 5157 - Telephone Charges
4398 - FRONTIER CALIFORNIA INC 121224 12/12/24-01/11/25

LANDLINE SERVICES
909-796-0187-040124-
5 Paid by Check
# 917301
12/12/2024 01/03/2025 01/03/2025 01/09/2025 85.41
4398 - FRONTIER CALIFORNIA INC 122824 12/28/24-01/27/25

LANDLINE SERVICES
209-188-3190-060392-
5 Paid by Check
# 917441
12/28/2024 01/13/2025 01/13/2025 01/16/2025 18,612.64
4398 - FRONTIER CALIFORNIA INC 11225 01/12/25-02/11/25

LANDLINE SERVICES
909-796-0187-040124-
5 Paid by Check
# 917947
01/12/2025 01/28/2025 01/28/2025 02/13/2025 100.84
4398 - FRONTIER CALIFORNIA INC 12825 01/28/25-02/27/25

LANDLINE SERVICES
209-188-3190-060392-
5 Paid by Check
# 917947
01/28/2025 02/05/2025 02/05/2025 02/13/2025 18,742.31
4398 - FRONTIER CALIFORNIA INC 21225 01/12/25-02/11/25

LANDLINE SERVICES
909-796-0187-040124-
5 Paid by Check
# 918369
02/12/2025 02/25/2025 02/25/2025 03/06/2025 100.75
4398 - FRONTIER CALIFORNIA INC 2282025 02/28/25-03/27/25

LANDLINE SERVICES
209-188-3190-060392-
5 Paid by Check
# 919754
02/28/2025 05/15/2025 05/15/2025 05/22/2025 18,703.59
4398 - FRONTIER CALIFORNIA INC 31225 03/12/25-04/11/25

LANDLINE SERVICES
909-796-0187-040124-
5 Paid by Check
# 918727
03/12/2025 03/25/2025 03/25/2025 03/27/2025 166.11
4398 - FRONTIER CALIFORNIA INC 32825 03/28/25-04/27/25

LANDLINE SERVICES
209-188-3190-060392-
5 Paid by Check
# 919082
03/28/2025 04/10/2025 04/10/2025 04/17/2025 18,668.67
4398 - FRONTIER CALIFORNIA INC 41225 04/12/25-05/11/25

LANDLINE SERVICES
909-796-0187-040124-
5 Paid by Check
# 919355
04/12/2025 04/23/2025 04/23/2025 05/01/2025 85.92
4398 - FRONTIER CALIFORNIA INC 4282025 04/28/25-05/27/25

LANDLINE SERVICES
209-188-3190-060392-
5 Paid by Check
# 919754
04/28/2025 05/15/2025 05/15/2025 05/22/2025 20,355.82
Run by Denise Martinez on 06/12/2025 03:22:33 PM Page 2 of 3 Accounts Payable by G/L Distribution Report
Invoice Date Range 07/01/24 - 06/30/25
Packet Page 1345
Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 679 - Information technology
Department 250 - Information Technology
Program 0060 - Network Services
Account 5157 - Telephone Charges
4398 - FRONTIER CALIFORNIA INC 51225 05/12/25-06/11/25

LANDLINE SERVICES
909-796-0187-040124-
5 Paid by Check
# 919884
05/12/2025 05/20/2025 05/20/2025 05/29/2025 85.68
4398 - FRONTIER CALIFORNIA INC 5282025 05/28/25-06/27/25

LANDLINE SERVICES
209-188-3190-060392-
5 Paid by Check
# 920162
05/28/2025 06/06/2025 06/06/2025 06/12/2025 20,770.31
Account 5157 - Telephone Charges Totals Invoice Transactions 22 $206,608.95 Program 0060 - Network Services Totals Invoice Transactions 22 $206,608.95 Department 250 - Information Technology Totals Invoice Transactions 22 $206,608.95 Fund 679 - Information technology Totals Invoice Transactions 22 $206,608.95 Grand Totals Invoice Transactions 22 $206,608.95
Run by Denise Martinez on 06/12/2025 03:22:33 PM Page 3 of 3 Accounts Payable by G/L Distribution Report
Invoice Date Range 07/01/24 - 06/30/25
Packet Page 1346
Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 679 - Information technology
Department 250 - Information Technology
Program 0060 - Network Services
Account 5155 - Cellular Service
2918 - VERIZON 9970009897 Cell Services 06/26 to
07/25/2024
Acct#972124581-
00002
Paid by Check
# 915370
07/25/2024 08/15/2024 08/15/2024 08/29/2024 14,840.95
2918 - VERIZON 9972409452 Cell Services 07/26 to
08/25/2024
Acct#972124581-
00002
Paid by Check
# 915735
08/25/2024 09/03/2024 09/03/2024 09/19/2024 15,399.25
2918 - VERIZON 9974821874 Cell Services 08/26 to
09/25/2024
Acct#972124581-
00002
Paid by Check
# 916066
09/25/2024 09/27/2024 09/27/2024 10/10/2024 14,619.64
2918 - VERIZON 9977259911 Cell Services 09/26 to
10/25/2024
Acct#972124581-
00002
Paid by Check
# 916966
10/25/2024 11/21/2024 11/21/2024 12/05/2024 15,535.78
2918 - VERIZON 9979689647 Cell Services 10/26 to
11/25/2024
Acct#972124581-
00002
Paid by Check
# 916966
11/25/2024 12/02/2024 12/02/2024 12/05/2024 15,413.62
2918 - VERIZON 6102110067 Cell Services 11/26 to
12/25/2024
Acct#972124581-
00002
Paid by Check
# 917378
12/25/2024 01/02/2025 01/02/2025 01/09/2025 16,663.10
2918 - VERIZON 6104546359 Cell Services 12/26 to
01/25/2025
Acct#972124581-
00002
Paid by Check
# 918130
01/25/2025 02/04/2025 02/04/2025 02/20/2025 15,305.63
2918 - VERIZON 6107000712 Cell Services 01/26 to
02/25/2025
Acct#972124581-
00002
Paid by Check
# 918549
02/25/2025 03/05/2025 03/05/2025 03/13/2025 16,107.64
2918 - VERIZON 6109492577 Cell Services 02/26 to
03/25/2025
Acct#972124581-
00002
Paid by Check
# 919022
03/25/2025 04/02/2025 04/02/2025 04/10/2025 15,469.65
2918 - VERIZON 6111987109 Cell Services 03/26 to
04/25/2025
Acct#972124581-
00002
Paid by Check
# 919680
04/25/2025 04/28/2025 04/28/2025 05/15/2025 14,955.10
Run by Denise Martinez on 06/12/2025 03:11:31 PM Page 1 of 2 Accounts Payable by G/L Distribution Report
Invoice Date Range 07/01/24 - 06/30/25
Packet Page 1347
Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 679 - Information technology
Department 250 - Information Technology
Program 0060 - Network Services
Account 5155 - Cellular Service
2918 - VERIZON 6114492942 Cell Services 04/26 to
05/25/2025
Acct#972124581-
00002
Edit 05/25/2025 05/28/2025 05/28/2025 15,276.25
Account 5155 - Cellular Service Totals Invoice Transactions 11 $169,586.61 Program 0060 - Network Services Totals Invoice Transactions 11 $169,586.61 Department 250 - Information Technology Totals Invoice Transactions 11 $169,586.61 Fund 679 - Information technology Totals Invoice Transactions 11 $169,586.61 Grand Totals Invoice Transactions 11 $169,586.61
Run by Denise Martinez on 06/12/2025 03:11:31 PM Page 2 of 2 Accounts Payable by G/L Distribution Report
Invoice Date Range 07/01/24 - 06/30/25
Packet Page 1348
Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 679 - Information technology
Department 250 - Information Technology
Program 0062 - Public Safety Systems
Account 5168 - Network Charges
2918 - VERIZON 73005145 Verizon MPLS Services
for PD MDC through
06/30/2024
Acct#SV1950
Paid by Check
# 915234
07/20/2024 07/23/2024 06/30/2024 08/22/2024 1,675.23
2918 - VERIZON 9969942852 Verizon for PD MDC
JUNE 26-JUL 25-2024
ACCT 442045878-
00002
Paid by Check
# 915370
07/25/2024 08/15/2024 08/15/2024 08/29/2024 5,792.71
2918 - VERIZON 73033823 Verizon MPLS Services
for PD MDC through
07/31/2024
Acct#SV1950
Paid by Check
# 915959
08/20/2024 09/24/2024 09/24/2024 10/03/2024 1,675.23
2918 - VERIZON 9972343201 Verizon for PD MDC
JULY 26-AUG 25-2024
ACCT 442045878-
00002
Paid by Check
# 915735
08/25/2024 09/03/2024 09/03/2024 09/19/2024 5,792.61
2918 - VERIZON 73062870 Verizon MPLS Services
for PD MDC through
08/31/2024
Acct#SV1950
Paid by Check
# 916067
09/20/2024 09/27/2024 09/27/2024 10/10/2024 1,682.96
2918 - VERIZON 9974754982 Verizon for PD MDC
AUG 26-SEPT 25-2024
ACCT 442045878-
00002
Paid by Check
# 916066
09/25/2024 09/27/2024 09/27/2024 10/10/2024 5,792.57
2918 - VERIZON 73108684 Verizon MPLS Services
for PD MDC through
09/30/2024
Acct#SV1950
Paid by Check
# 916967
10/20/2024 12/02/2024 12/02/2024 12/05/2024 1,691.20
2918 - VERIZON 9977192854 Verizon for PD MDC
Sep 26-Oct 25-2024
ACCT 442045878-
00002
Paid by Check
# 916966
10/25/2024 11/13/2024 11/13/2024 12/05/2024 5,811.23
2918 - VERIZON 73132697 Verizon MPLS Services
for PD MDC through
10/31/2024
Acct#SV1950
Paid by Check
# 916967
11/20/2024 11/26/2024 11/26/2024 12/05/2024 1,691.20
2918 - VERIZON 9979622906 Verizon for PD MDC
Oct 26-Nov 25-2024
ACCT 442045878-
00002
Paid by Check
# 916966
11/25/2024 12/02/2024 12/02/2024 12/05/2024 5,811.25
Run by Denise Martinez on 06/12/2025 03:16:33 PM Page 1 of 3 Accounts Payable by G/L Distribution Report
Invoice Date Range 07/01/24 - 06/30/25
Packet Page 1349
Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 679 - Information technology
Department 250 - Information Technology
Program 0062 - Public Safety Systems
Account 5168 - Network Charges
2918 - VERIZON 73181203 Verizon MPLS Services
for PD MDC through
11/30/2024
Acct#SV1950
Paid by Check
# 917379
12/20/2024 01/02/2025 01/02/2025 01/09/2025 1,691.20
2918 - VERIZON 6102042893 Verizon for PD MDC
Nov 26-Dec 25-2024
ACCT 442045878-
00002
Paid by Check
# 917378
12/25/2024 01/02/2025 01/02/2025 01/09/2025 5,778.81
2918 - VERIZON 73211591 Verizon MPLS Services
for PD MDC through
12/31/2024
Acct#SV1950
Paid by Check
# 918131
01/20/2025 02/04/2025 02/04/2025 02/20/2025 1,694.14
2918 - VERIZON 6104480073 Verizon for PD MDC
Dec 26-Jan 25-2025
ACCT 442045878-
00002
Paid by Check
# 918130
01/25/2025 02/04/2025 02/04/2025 02/20/2025 5,773.94
2918 - VERIZON 73235719 Verizon MPLS Services
for PD MDC through
01/31/2025
Acct#SV1950
Paid by Check
# 918435
02/20/2025 02/25/2025 02/25/2025 03/06/2025 1,694.14
2918 - VERIZON 6106933696 Verizon for PD MDC
Jan 26-Feb 25-2025
ACCT 442045878-
00002
Paid by Check
# 918549
02/25/2025 03/05/2025 03/05/2025 03/13/2025 5,773.96
2918 - VERIZON 73271682 Verizon MPLS Services
for PD MDC through
02/28/2025
Acct#SV1950
Paid by Check
# 918891
03/20/2025 03/27/2025 03/27/2025 04/03/2025 1,694.14
2918 - VERIZON 6109424328 Verizon for PD MDC
FEB 26 - MAR 25-2025
ACCT 442045878-
00002
Paid by Check
# 919146
03/25/2025 04/10/2025 04/10/2025 04/17/2025 5,775.51
2918 - VERIZON 73298474 Verizon MPLS Services
for PD MDC through
03/31/2025
Acct#SV1950
Paid by Check
# 919283
04/20/2025 04/21/2025 04/21/2025 04/24/2025 1,695.91
2918 - VERIZON 6111918920 Verizon for PD MDC
MAR 26-APR 25-2025
ACCT 442045878-
00002
Paid by Check
# 919680
04/25/2025 04/28/2025 04/28/2025 05/15/2025 6,229.66
Run by Denise Martinez on 06/12/2025 03:16:33 PM Page 2 of 3 Accounts Payable by G/L Distribution Report
Invoice Date Range 07/01/24 - 06/30/25
Packet Page 1350
Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 679 - Information technology
Department 250 - Information Technology
Program 0062 - Public Safety Systems
Account 5168 - Network Charges
2918 - VERIZON 73346246 Verizon MPLS Services
for PD MDC through
04/30/2025
Acct#SV1950
Edit 05/20/2025 05/28/2025 05/28/2025 1,695.91
2918 - VERIZON 6114424904 Verizon for PD MDC
APR 26-MAY 25-2025
ACCT 442045878-
00002
Edit 05/25/2025 05/28/2025 05/28/2025 5,948.45
Account 5168 - Network Charges Totals Invoice Transactions 22 $82,861.96 Program 0062 - Public Safety Systems Totals Invoice Transactions 22 $82,861.96 Department 250 - Information Technology Totals Invoice Transactions 22 $82,861.96 Fund 679 - Information technology Totals Invoice Transactions 22 $82,861.96 Grand Totals Invoice Transactions 22 $82,861.96
Run by Denise Martinez on 06/12/2025 03:16:33 PM Page 3 of 3 Accounts Payable by G/L Distribution Report
Invoice Date Range 07/01/24 - 06/30/25
Packet Page 1351
Renewal Estimate
April 17, 2025 Renewal Estimate Page 1 of 1
Customer City of San Bernardino
Renewal Date July 1, 2025
Term July 1, 2025 – June 30, 2026
Your Support services are expiring soon
To assist with your budgeting, we have created this Renewal Estimate. The estimate is for the next term for your products that are receiving Support. Newly purchased and future products will not be included on this estimate.

Invoice, your bill will automatically generate and emailed to your Finance department or designated individuals.

Any applicable taxes will be added to the invoice.
30 days before your renewal date, we should have received your full payment to allow time for new licenses to be generated, delivered, and installed before expiry (product specific). If third -party vendors and their products are utilized, we strongly suggest early payment to ensure continuous service, especially where new licenses are required. It is the Customer’s responsibility to ensure prompt payment. Harris ERP will not be responsible for payment to third-party vendors or producing new licenses until your invoice is paid.

Cancelation, if you no longer wish to have Harris ERP licensing, maintenance, and support services, please let us know in writing 90 days prior to your renewal date.

Terms and Conditions, are available in TeamSupport in the Knowledge Base https://app.na2.teamsupport.com/dc/1/attachments/11712147 Description Amount
SELECT $51,435.47
SBD $3,916.97
SBR $2,746.82
Unidata $6,169.78
Port License $2,937.97
Packet Page 1352
Estimate
Date
6/27/2025
Estimate #
10652
Name/Address
City of San Bernardino PD
Accounts Payable
710 North D Street B-Bldg-PSG
San Bernardino, CA 92401
Ship To
City of San Bernardino PD
Jason Suarez
[email protected]
ECS Imaging, Inc.
5905 Brockton Ave. Suite C
Riverside, CA 92506-2416
(951)-787-8768
(951)-787-0831 fax
P.O. No.

Annual Renewal
Terms
Net 30
Due Date
7/27/2025
Rep
LFav
Phone
951-787-8768
Standard Processing Fee Added to all Credit Card Payments* Total
Subtotal
Sales Tax (8.0%)
Description Qty Rate Total
LF Avante MS SQL with Workflow LSAP 1 1,050.00 1,050.00 LF Avante Named Full User with Snapshot and Email LSAP 35 105.00 3,675.00 LF Avante Standard Public Portal LSAP (25 Retrieval Users) 1 5,250.00 5,250.00 LF Avante Web Access LSAP 35 21.00 735.00
LF Avante Advanced Audit Trail User LSAP 35 21.00 735.00 LF Avante Quick Fields Validation LSAP 3 126.00 378.00
LF Avante Quick Fields Real Time Lookup Validation Package LSAP
3 126.00 378.00
LF Avante Quick Fields Zone OCR - Validation Package LSAP 1 588.00 588.00 LF Avante Import Agent LSAP 1 409.50 409.50
LF Avante Quick Fields Barcode and Validation Package LSAP 2 357.00 714.00 LF Connector LSAP 35 5.25 183.75
Canon DR-G2110 2 Yr Scanner Warranty (SN:JG312772)
Coverage: 04/18/2024-04/17/2026
1 0.00 0.00
Canon DR-G2110 2 Yr Scanner Warranty (SN:JG312760,
JG312763 Coverage: 04/23/2024-04/22/2026
2 0.00 0.00

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