Agenda packet — Mayor and City Council, September 17, 2025 (part 4 of 5)

RESOLUTION NO. 2025-367

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE APPLICATION TO THE LOCAL

AGENCY FORMATION COMMISSION TO PROVIDE CITY

SEWER SERVICES TO A PROPERTY LOCATED WITHIN
THE UNINCORPORATED TERRITORY AT 2326

PORTOLA STREET, SAN BERNARDINO, CALIFORINA,
(APN 0262-181-11) WITHIN THE UNICORPORATED
COMMUNITY OF SAN BERNARDINO COUNTY;

AUTHORIZING THE CITY MANAGER TO EXECUTE AN

IRREVOCABLE AGREEMENT TO ANNEX
WHEREAS, MPN-14 Limited Partnership, a California limited partnership, the owner of the property located at 2326 Portola Street, San Bernardino, California, in the unincorporated community of San Bernardino County, also known as Assessor’s Parcel Number 0262-181-11, has requested connection to the City of San Bernardino’s sewage system; and WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO.

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

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

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 2326 Portola Street, Assessor’s Parcel Number 0262-181-11, more fully described as follows:

L O T ( S ) 2 0 O F T R A C T 5 5 1 5 , H O M E W O O D , A S S H O W N B Y M A P O N F I L E I N B O O K 6 8 P A G E ( S ) 3 7 , O F M A P S , R E C O R D S O F S A N B E R N A R D I N O C O U N T Y , C A L I F O R N I A ;
Packet Page. 942
Resolution No. 2025-367
Resolution No. 2025-367
September 17, 2025

Page 2 of 3 ends

E X C E P T A L L O I L , G A S , M I N E R A L S A N D O T H E R H Y D R O C A R B O N S B E L O W A D E P T H O F 5 0 0 . 0 0

F E E T , W I T H O U T T H E R I G H T O F S U R F A C E E N T R Y , A S R E S E R V E D I N D E E D S O F R E C O R D .

A P N : 0 2 6 2 - 1 8 1 - 1 1 - 0 0 0 0
SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2025-385, a copy of which is attached as Exhibit “A”.

SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.

SECTION 5. 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 17th day of September 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2025-367
Resolution No. 2025-367
September 17, 2025

Page 3 of 3 ends

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. 2025-367, adopted at a regular meeting held on the 17th day of September 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
Packet Page. 944

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)

IRREVOCABLE AGREEMENT TO ANNEX
No. 2025-385
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 17th day of September, 2025; by and between MPN-14 Limited Partnership, a California limited partnership, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”.

RECITALS:

WHEREAS, OWNER holds title to the one parcel, APN 0262-181-11-0000, located at 2326 Portola Street, San Bernardino, California, and parcel is further described as follows:

L O T ( S ) 2 0 O F T R A C T 5 5 1 5 , H O M E W O O D , A S S H O W N B Y M A P O N F I L E I N B O O K 6 8 P A G E ( S ) 3 7 , O F M A P S , R E C O R D S O F S A N B E R N A R D I N O C O U N T Y , C A L I F O R N I A ;

E X C E P T A L L O I L , G A S , M I N E R A L S A N D O T H E R H Y D R O C A R B O N S B E L O W A D E P T H O F 5 0 0 . 0 0

F E E T , W I T H O U T T H E R I G H T O F S U R F A C E E N T R Y , A S R E S E R V E D I N D E E D S O F R E C O R D .

A P N : 0 2 6 2 - 1 8 1 - 1 1 - 0 0 0 0
WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon t h e OWNER, heirs, successors and assigns. Packet Page. 945
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-385 LAFCO SC # _____ NOW, THEREFORE, the Parties hereto agree as follows:

Packet Page. 946
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-385 LAFCO SC # _____ SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system.
f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successors failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may Packet Page. 947
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-385 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement.

SECTION II CITY AGREES:
a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits.

SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the Packet Page. 948
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-385 LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.

Packet Page. 949
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-385 LAFCO SC # _____

SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above.

CITY OF SAN BERNARDINO
Approved By:

OWNER
__________________________________ _______________________________ Eric Levitt Signature
City Manager
Michael Nijjar, President__________
________________
Name
__________________________________
City Attorney
_______________________________
Signature
Attested By:
______________________________
Name
__________________________________
Telicia Lopez
CMC, Acting City Clerk

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared , Packet Page. 950
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-385 LAFCO SC # _____ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
Packet Page. 951

EXHIBIT B
Vicinity Map
Annex 2025-385 (Ward 6)
Packet Page. 952

APPLICATION FOR SEWER SERVICES

OUTSIDE OF CITY BOUNDARIES
To: City of San Bernardino
Economic Development - Real Property Section
290 N. "D" Street - 3rd Floor, San Bernardino, CA 92418 (909) 384-5366 / [email protected]
This application is hereby submitted to the City of San Bernardino, to initiate proceedings for the connection to the City Sewer System from my property, which is located outside the boundaries of the City of San Bernardino pursuant to established City policies, a copy of which I have received and read, and Government Code Section 56133. I understand that a $1,300.00 non-refundable processing fee is due at the time this application is submitted. I further understand that prior to the City submitting an application to the Local Agency Formation Commission (LAFCO), I will be required to deposit any applicable LAFCO fees with the City ( or to be paid directly to LAFCO). Additional LAFCO fees may be due at the conclusion of the proceedings, which I will be required to pay. I may request a waiver of these fees from LAFCO, based upon an immediate health and safety issue. In the event that the waiver of all or a portion of the LAFCO fees is granted by LAFCO, the waived amount will be refunded. I also understand that I will be required to execute an "Irrevocable Agreement to Annex" in the event that my property may be subject to Annexation into the City of San Bernardino at some future time, if this application is approved. I further understand that sewer capacity and hook-up fees to the City will be due prior to permit processing. This application is being submitted with the understanding that approval ls not guaranteed.

Please submit this application with proof of ownership (Copy of Deed, Title Policy, etc.) along with ~:::::ttf:%:&2a:,l6~!Ydftff¥9
Assessor's Parcel No(s): {:)2_ I:, 2/ r/f/C>(XJO Tel. No.:S~.2 -157., 859,r ( ) Existing Development: ~ 1tf Residential (Single Family). No. Bedrooms:~ 1~ Residential (multi family). Describe: ___ _ 11 New Development:
[] Residential (Single Family) No. Bedrooms __
[] Residential (multi-family). Describe:. ___ _
[] Commercial/Industrial. Describe: _____ _ [] Commercial/Industrial. Describe:. _____ _ Note: For ne~ development and/or additions, please provide a copy of the site-plan along with a copy of development permit application, if any, filed with the County of San Bernardino.

Additional Comments: ____________________________ _
[] I request a waiver of LAFCO fees based upon the following health and safety urgency:

Date: y .... } - 25 /Pl~~-----
Signature(s)

FOR CITY USE ONLY
Received on:. _________ by:. _________ Receipt No.: __________ _ Nearest sewer main:. ________________________________ _ CITY FEES:

Filing: $ 1.300.00 Comments: ______________________ _
Capacity:

Connection:

Inspection:

TOTAL: $ ___ _
Rev. 12/2011 Packet Page. 953

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: Economic Development
Subject: Resolution Declaring Intent to Annex Territory:

Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 51, Tax Zone No. 51 (Cajon
Industrial Park located at the northwest corner of
Institution Road and Southern Pacific RR) (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-368:

1. Authorizing the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 51); and

2. Authorizing the levy of special taxes therein.

Executive Summary
The recommended actions are the first step of the annexation process for the proposed development into Community Facilities District (“CFD”) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate its impacts for maintenance service of public facilities as a result of the new development. The special taxes will be levied annually to offset general fund expenditures related to maintenance of public improvements within and for the benefit of the development.

Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying Packet Page. 954
special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City.

On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City.

Discussion
Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.

The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Maintenance of landscaping and other public improvements installed within the public rights-of-way; and

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

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

4. Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; and

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

The proposed development includes approximately 16.45 gross acres of zoned commercial property. The property is located at the northwest intersection of Institution Road and Southern Pacific RR. This development will include an industrial warehouse as a new Tax Zone No. 51 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the Packet Page. 955
facilities to be maintained and establish the maximum special tax for this Tax Zone.

The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 51), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $646 per acre for FY 2025/26. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. • Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). • Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. • Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special taxes in the District.

The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $10,562 to be used to pay for maintenance costs.

On June 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for November 5, 2025.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Packet Page. 956
Fiscal Impact
There is no fiscal impact to the City. All costs associated with annexation into the CFD have been borne by the Developer.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-368:

2. Authorizing the levy of a special taxes therein.

Attachments
Attachment 1 – Resolution of Intention No. 2025-
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.

July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes Packet Page. 957
to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

CC: Eric Levitt, City Manager
Packet Page. 958
Resolution No. 2025-368
Resolution No. 2025-368
September 17, 2025

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RESOLUTION NO. 2025-368

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 51) AND AUTHORIZING

THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice and word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established.

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

SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.

SECTION 2. Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”.

SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map Packet Page. 959
Resolution No. 2025-368
Resolution No. 2025-368
September 17, 2025

Page 2 of 4 ends

entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 51, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

SECTION 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory.

SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C.

SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof.

SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 5:00 p.m., or as soon thereafter as practicable, on Wednesday, November 5, 2025, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-

1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.

Packet Page. 960
Resolution No. 2025-368
Resolution No. 2025-368
September 17, 2025

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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday November 5, 2025 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot, the full text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 12. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of September 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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Resolution No. 2025-368
Resolution No. 2025-368
September 17, 2025

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-368, adopted at a regular meeting held on the 17th day of September 2025 by the following vote:

Telicia Lopez, Acting City Clerk
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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 51 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APNs).

APNs Owner Name
0262-051-43 LPC Arrowhead Area I, LP
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EXHIBIT B

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.

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Community Facilities District No. 2019-1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.

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City of San Bernardino 3
Community Facilities District No. 2019-1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.

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City of San Bernardino 4
Community Facilities District No. 2019-1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi-family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Packet Page. 968
City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:

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

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax B (Contingent)
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Community Facilities District No. 2019-1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below:

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Packet Page. 971
City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:

First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Page. 972
City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator.

H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

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City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services) I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

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City of San Bernardino 11
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

COST ESTIMATE
Special Tax A Services- The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2025-26. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1.

TAX ZONE 51
PM 19349
Item Description Estimated Cost
1 Landscaping $1,395
2 Lighting $1,231
3 Streets $4,991
4 Drainage $478
5 Reserves $1,217
6 Admin $1,250
Total $10,562
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.

TAX ZONE 51
FY 2025-26 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $646 $0
TAX ZONE 51
FY 2025-26 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $646 $0
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City of San Bernardino 12
Community Facilities District No. 2019-1 (Maintenance Services)

TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California Corporation
39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC Packet Page. 976
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services) Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC 44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC 45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC 46 46 To be determined
47 47 PM 17772 2024-25 $5,635 / Acre $0 / Acre CVP Hospitality CA LLC 48 48 1199-671-13 2024-25 $247 / RU $0 / RU Piedmont Venture I, LLC 49 49 0141-252-08 2024-25 $2,185 / Acre $0 / Acre City of Riverside 50 50 CUP 23-06 2024-25 $17,827 / Acre $0 / Acre Gateway SB, LLC 51 51 PM 19349 2025-26 $646 / Acre $0 / Acre LPC Arrowhead Area I, LP

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

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City of San Bernardino 15
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX C

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES Packet Page. 979

PALM AVE CAJON BLVD

INSTITUTION
RD

SOUTHERN

PACIFIC
RR
£¤66
§¨¦215
0262-051-43
ANNEXATION MAP NO. 51
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO ^_
CFD 2019-1
TAX ZONE 51
§¨¦15
£¤66
·|}þ18
·|}þ210
§¨¦215
·|}þ259 ·|}þ210
£¤66
£¤66 LEGEND

ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARY
THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LANDINCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT.FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCELREFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2025-26.

XXXX-XXX-XX ASSESSOR PARCEL NUMBER 51 TAX ZONE -
THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS _______ DAY OF _______, 20 ____,AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNTOF $_____________. JOSIE GONZALEZ ASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________ DEPUTY RECORDER

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
51 Packet Page. 980
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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 51)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on September 17, 2025 adopted its Resolution No. 2025-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code.

The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 5:00 p.m., or as soon thereafter as practicable, Wednesday, November 5, 2025 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the November 5, 2025 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.

DATED: ____________, 2025 _________________________________________ Acting City Clerk of the City of San Bernardino
PUB: _______________, 2025
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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 51
(November 5, 2025)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
LPC Arrowhead Area I, LP 16.45 17
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than October 22, 2025, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on November 5, 2025, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on November 5, 2025.

Very truly yours,
Telicia Lopez, Acting City Clerk
Packet Page. 986
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

LPC Arrowhead Area I, LP
Attn: Dennis Rice
191 North Wacker Drive, Suite 1700
Chicago, IL 60606
0262-051-43

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR
“NO” WITH AN “X”:

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rate set forth in the following table:

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $646
plus an annual increase on each July 1, commencing on July 1, 2026 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside - San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 51 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including landscaping, lighting, streets, and drainage as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2025-__ adopted by the City Council of the City of San Bernardino on September 17, 2025, and shall an appropriation limit be established for the Community Facilities District No. 2019- 1 (Maintenance Services) in the amount of special taxes collected? YES _________

NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

Dennis Rice
Vice President
Signature
Print Name
Title
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PALM
AVE

OLIVE AVE
CAJON
AVE

INSTITUTION
RD

SOUTHERN

PACIFIC
RR

INDUSTRIAL
PKWY
CAJON
BLVD
£¤66
§¨¦215
^_

KENDALL DR

PALM AVE

BELMONT AVE

OHIO AVE

WALNUT AVE

CAMBRIDGE AVE

MEYERS RD

CAJON BLVD
·|þ}259
£¤66
§¨¦15
§¨¦215
£¤66
·|þ}210

LITT LE MOUNTAIN DR
48TH ST

SIERRA WAY
E ST 39TH ST PARK DR

NORTHPARK BLVD
G ST
45TH ST
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 51

PROJECT MAP
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: C. Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for July 2025 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial, payroll disbursements and purchasing card transactions for July 2025.

Executive Summary
This action is to approve the commercial and payroll disbursements. This is regular business of the Mayor and City Council ensuring that the City pays vendors, employees, and the retirement system timely, accurately and with full transparency for the community.

Background
Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers.

The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://www.sanbernardino.gov/DocumentCenter/Index/1081 Packet Page. 990
Discussion
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.

Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for July 2025.

Attachments
Attachment 1 Payroll Summary Report for July 2025
Attachment 2 Commercial checks & Payroll Register No.1
Attachment 3 Commercial checks & Payroll Register No. 2 Attachment 4 Commercial checks & Payroll Register No. 3 Attachment 5 Commercial checks & Payroll Register No. 4 Packet Page. 991
Attachment 6 Commercial checks & Payroll Register No. 5 Attachment 7 Commercial checks & Payroll Register No. 6 Attachment 8 Commercial checks & Payroll Register No. 7 Attachment 9 Commercial EFT Registers NO. 1836-1864
Attachment 10 P-Card Charges for July 2025
Ward:

All Wards
CC: Eric Levitt, City Manager
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Fund 001-General $41,972,801.14
Fund 119-CDBG $670,486.70
Fund 635-Fleet Services $2,800.00
Fund 678-Workers Compensation $5,734.52
Fund 679-Information Technology $19,387.50
Fund 710- EDA - RDA $910,560.78
Fund 784-Payroll Clearing Fund $3,423,360.09
$47,005,130.73
City of San Bernardino
Accounts Payable Warrant Register
Summary by Fund
Register # 1836
Packet Page. 1073
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Parent - Parent - deposits, trans, wires
EFT
1836 06/06/2025 Open Accounts Payable ACH CALPERS $1,432.62 1837 06/12/2025 Open Accounts Payable ACH CALPERS $4,505.18 1838 06/26/2025 Open Accounts Payable ACH CALPERS $797,665.87 1839 06/30/2025 Open Accounts Payable ACH CALPERS $764,048.76 1840 06/30/2025 Open Accounts Payable REDWOOD PRIVATE SECURITY LP $699.67 1841 06/30/2025 Open Accounts Payable ACH ONSITE COMPUTING INC $19,387.50 1842 06/30/2025 Open Accounts Payable REDWOOD PRIVATE SECURITY LP $86,050.83 1843 06/30/2025 Open Accounts Payable REDWOOD PRIVATE SECURITY LP $19,472.01 1844 06/30/2025 Open Accounts Payable REDWOOD PRIVATE SECURITY LP $47,411.52 1845 06/30/2025 Open Accounts Payable REDWOOD PRIVATE SECURITY LP $8,025.36 1846 06/30/2025 Open Accounts Payable REDWOOD PRIVATE SECURITY LP $692.07 1847 07/03/2025 Open Accounts Payable RODRIGUEZ, ERICA $207.69 1848 07/10/2025 Open Accounts Payable ACH CALPERS $1,432.62 1849 07/14/2025 Open Accounts Payable ACH CALPERS $4,378.27 1850 07/15/2025 Open Accounts Payable ACH CALPERS $362.76 1851 07/15/2025 Open Accounts Payable ACH CALPERS $37,566.60 1852 07/15/2025 Open Accounts Payable ACH THE BANK OF NEW YORK MELLON
$670,486.70
1853 07/17/2025 Open Accounts Payable RODRIGUEZ, ERICA $207.69 1854 07/18/2025 Open Accounts Payable ACH CALPERS $792,395.81 1855 07/23/2025 Open Accounts Payable ACH DOLLAR BANK $1,026,719.66 1856 07/23/2025 Open Accounts Payable ACH DOLLAR BANK $4,711.04 1857 07/24/2025 Open Accounts Payable ACH CALPERS $29,555,485.00 1858 07/24/2025 Open Accounts Payable ACH CALPERS $12,191,496.20 1859 07/25/2025 Open Accounts Payable INTERNAL REVENUE SERVICE $1,400.00 1860 07/10/2025 Open Accounts Payable INTERNAL REVENUE SERVICE $1,400.00 1861 07/25/2025 Open Accounts Payable VANIR TOWER BUILDING INC $59,793.76 1862 07/30/2025 Open Accounts Payable ACH CALPERS $1,425.54 1863 07/24/2025 Open Accounts Payable ACH CALPERS $906,078.00 user: Austin Thomson Pages: 1 of 2 Thursday, August 7, 2025 Payment Register
City of San Bernardino
From Payment Date: 6/6/2025 - To Payment Date: 7/31/2025 Packet Page. 1074
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
1864 07/31/2025 Open Accounts Payable PACHECO, MAGGIE $192.00 Type EFT Totals: 29 Transactions $47,005,130.73
Parent - Parent - deposits, trans, wires Totals
EFTs Status Count Transaction Amount Reconciled Amount
Open 29 $47,005,130.73 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 29 $47,005,130.73 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 29 $47,005,130.73 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 29 $47,005,130.73 $0.00
Grand Totals:

EFTs Status Count Transaction Amount Reconciled Amount
Open 29 $47,005,130.73 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 29 $47,005,130.73 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 29 $47,005,130.73 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 29 $47,005,130.73 $0.00
user: Austin Thomson Pages: 2 of 2 Thursday, August 7, 2025 Payment Register
City of San Bernardino
From Payment Date: 6/6/2025 - To Payment Date: 7/31/2025 Packet Page. 1075
Fund Amount
001 - General $33,470
119 - Community Development Block Grant $1,227
123 - Federal Grant Programs $1,545
124 - Animal Control $8,506
126 - Gas Tax Fund $125
130 - State And Other Grant Programs $3,302
141 - Local Grants $7,566
635 - Fleet Services Fund $1,408
679 - Information Technology $2
Grand Total $57,151
City of San Bernardino
Purchasing Card Charges by Department
July-2025 Expenditures
Summary by Fund
Packet Page. 1076
City of San Bernardino
Purchasing Card Charges by Department
July-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
001 - General
Mayor
5111 - Material And Supplies
7/26/25 - Dried flowers for dais $22
5111 - Material And Supplies Total $22
5122 - Dues And Subscriptions
7/14/25 - Subscription for ChatGPT for the Mayor's Office $600 7/24/25 - Newspaper Subscription for July 25 $14
5122 - Dues And Subscriptions Total $614
5186 - Civic And Promotional
7/2/25 - Flowers for Dais at the 7/2/25 MCC meeting. $15 5186 - Civic And Promotional Total $15
Mayor Total $651
City Clerk
5122 - Dues And Subscriptions
California Municipal Clerks Association Membership for Deputy City Clerk $550 Monthly Subscription for Scribe, $95
Notary Insurance for Acting City Clerk $34
Subscription for Marq - Newsletter Subscription $15
5122 - Dues And Subscriptions Total $694
5132 - Meetings And Conferences
2026 Advanced Registration for California Municipal Clerks Assoc $650 City Clerks Association Conference Registration $650
5132 - Meetings And Conferences Total $1,300
5133 - Education And Training
entry-level municipal clerks training $350
5133 - Education And Training Total $350
5175 - Postage
Mailed Passport Priority Mail Express $31
5175 - Postage Total $31
City Clerk Total $2,375
Packet Page. 1077
City of San Bernardino
Purchasing Card Charges by Department
July-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
City Council
5111 - Material And Supplies
07-09-2025 - $317.06 - SAMS CLUB #6624 - MCC Meeting Supplies $317 07-10-2025 - $29.68 - SAMS CLUB #6624 - MCC Meeting Supplies $30 07-10-2025 - (CREDIT-RETURN) - $29.68 - SAMS CLUB #6624 - MCC Me -$30 07-15-2025 - $232.01 - COSTCO #0478 - MCC Meeting Supplies $232 07-16-2025 - $78.61 - FOOD4LESS #0301 - MCC Meeting Supplies $79 07-17-2025 - $19.96 - WALMART- MCC Meeting Supplies $20 7/9/25 - Purchase of refrigerators for Councilmember $287 5111 - Material And Supplies Total $935
5132 - Meetings And Conferences
07-02-2025 - $130.50 - El Pollo Loco - MCC Meeting Meal July 2 $131 07-16-2025 - $130.50 - El Pollo Loco - MCC Meeting Meal July 16 $131 5132 - Meetings And Conferences Total $261
5142 - Meetings And Conferences - Ward 1
07-16-2025 - $65.00 - SBPA Lunch Ticket - 2nd Annual Chief's Lun $65 5142 - Meetings And Conferences - Ward 1 Total $65
5144 - Meetings And Conferences - Ward 3
07-22-2025 - $65.00 - SBPA Lunch Ticket - 2nd Annual Chief's Lun $65 5144 - Meetings And Conferences - Ward 3 Total $65
5145 - Meetings And Conferences - Ward 4
07-16-2025 - $65.00 - SBPA Lunch Ticket - 2nd Annual Chief's Lun $65 5145 - Meetings And Conferences - Ward 4 Total $65
5146 - Meetings And Conferences - Ward 5
07-30-2025 - League of CA Cities - 2025 Annual Conference Regist $725 5146 - Meetings And Conferences - Ward 5 Total $725
City Council Total $2,116
Packet Page. 1078
City of San Bernardino
Purchasing Card Charges by Department
July-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
City Manager
5111 - Material And Supplies
Amazon - 07.10.25 CM Office Supplies $24
Amazon - 07.11.25 CM OFFICE SUPPLIES $109
Amazon - 07.13.25 CM Office Supplies $26
Purchase of diet pepsi for refreshments at meetings. $25 Purchased desk printer for analyst in City Manager's Office $387 Sam's Club - 07.09.2025 CM Office Supplies $217
5111 - Material And Supplies Total $789
5122 - Dues And Subscriptions
Membership fee for HR Director CALPELRA $390
Sun Newspaper Subscription for PIO. $26
5122 - Dues And Subscriptions Total $416
5132 - Meetings And Conferences
Breakfast Burritos for the Department Director's Meeting on 7/3/ $87 Chief Goodman's Luncheon purchase of two tickets. One for the ci $150 Credit for incorrect breakfast order at Department Director's We -$91 HYATT REGENCY SACRAMENTO - JULY 16-17, 2025, FOR Legislative Affairs Manager $206 Meals for Department Directors Meeting. $202
MOLLY'S CAFE - 07.17.25 Department Directors Meeting $122 SOUTHWEST - JULY 16-17, 2025, FOR Legislative Affairs Manager TO ATTEND LEGISLA $653 5132 - Meetings And Conferences Total $1,328
City Manager Total $2,533
Packet Page. 1079
City of San Bernardino
Purchasing Card Charges by Department
July-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
Community Development & Housing
5111 - Material And Supplies
Bug Repellant Towels to be used by the Code Enforcement Officers $145 Replacement ink pads for office use $20
5111 - Material And Supplies Total $165
5132 - Meetings And Conferences
Registration fee to the annual National League of Cities Summit $880 Three tickets to the 2nd Annual San Bernardino Police Foundation $195 5132 - Meetings And Conferences Total $1,075
5133 - Education And Training
Afforable housing webinar hosted by Urban Land Institute for hou $50 Code Enforcement Office I - Code Enforcement Officer training class $83 Training for Code Enforcement Officer - Code Enforcement Officer II $65 5133 - Education And Training Total $198
Community Development & Housing Total $1,438
Economic Development
5122 - Dues And Subscriptions
Caled membership dues by city population size and Senion Management Analyst $2,237 Caled membership dues for Administrative Assistant $120 Caled Membership dues for the Economic Development Project Manager $120 LinkedIn Premium yearly subscription for Economic Development De $924 The Sun digital subscription, promotional amount charged. $0 5122 - Dues And Subscriptions Total $3,401
5132 - Meetings And Conferences
CALED Keys Course Registration for Economic Development Manager: Marketing $900 ICSC Western Palm Springs Registration for Economic Development Manager: Marketing $500 ICSC Western Palm Springs Registration for Economic Development Specialist $500 5132 - Meetings And Conferences Total $1,900
5133 - Education And Training
IRWA Course registration for Assessment District/Real Property Specialist $415 5133 - Education And Training Total $415
Economic Development Total $5,716
Packet Page. 1080
City of San Bernardino
Purchasing Card Charges by Department
July-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
Finance & Management Services
5111 - Material And Supplies
Payroll source and membership renewal $440
5111 - Material And Supplies Total $440
5122 - Dues And Subscriptions
Barrons subscription $32.61 $33
MMASC Dues Renewal. Budget $125
Payroll source and membership renewal $305
The Sun subscription $18
The Wall Street subscription $60
5122 - Dues And Subscriptions Total $540
5132 - Meetings And Conferences
Food4Less. Water for Meeting $8
Hotel Invoice for?GFOA's 119th Annual Conference. Accounting Manager -$284 Hotel Invoice for?GFOA's 119th Annual Conference. Budget Division Manager tempora -$62 Hotel Invoice for?GFOA's 119th Annual Conference. Budget Division Manager temporar $0 Hotel Invoice for?GFOA's 119th Annual Conference. Deputy Director of Finanace -$284 Hotel Invoice for?GFOA's refund for food. Budget Division Manager $2163.63 $181.50 -$182 Investment Advisory Services with the City of San Bernardino Lun $92 MCC Meeting $24
presentation for Investment Advisory Services with the City of S $136 Teller implementation training $120
SBP Luncheon Meeting -Finance Staff $195
5132 - Meetings And Conferences Total -$236
5133 - Education And Training
GFOA webinar. Budget $50 $50
5133 - Education And Training Total $50
Finance & Management Services Total $795
Packet Page. 1081
City of San Bernardino
Purchasing Card Charges by Department
July-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
General Government
5111 - Material And Supplies
Ink Cartridges for mail machine in the Information Center $573 5111 - Material And Supplies Total $573
5132 - Meetings And Conferences
Starbucks - 07.01.25 V.I.P. Hospital Based Intervention Training $44 5132 - Meetings And Conferences Total $44
General Government Total $617
Human Resources & Risk Management
5105 - Employee Recognition
Employee Recognition Plaques for Employees being recognized. $266 final charge for the Employee Recognition event took place 7/22 $266 items used for the Employee Recognition Event for July 22, 2025 $90 postage for invitation for retired employees for Employee Recogn $11 5105 - Employee Recognition Total $633
5111 - Material And Supplies
Ergonomic Supplies for staff $187
5111 - Material And Supplies Total $187
5122 - Dues And Subscriptions
Membership registration for Interim HR Manager for NAGDCA $750 MMASC Membership for MAI $125
Society of Human Resource automatic renewal membership for HR Ma $299 5122 - Dues And Subscriptions Total $1,174
5132 - Meetings And Conferences
flight for conference for EA to Director and PT/EA Dynamic Assis $368 flight for Conference for Sr Tech HR- Neo Gov Ignite $216 Hotel Reservation Deposit for NeoGov Ignite Conference for Sr Te $180 Hotel stay for Interim Manager for NAGDCA conference $335 Registration for Conference for HR Director $825
5132 - Meetings And Conferences Total $1,924
5175 - Postage
delivery service for confidential correspondence $295
On time delivery services for letter t be sent to employee from $314 5175 - Postage Total $610
5183 - Management Allowance
Monthly birthday celebration for HR employee bday month for July $26 5183 - Management Allowance Total $26
Human Resources & Risk Management Total $4,553
Library
5111 - Material And Supplies
Book Covers $189
Library Book Fold Protectors $1,019
5111 - Material And Supplies Total $1,209
Library Total $1,209
Packet Page. 1082
City of San Bernardino
Purchasing Card Charges by Department
July-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
Parks & Recreation
5111 - Material And Supplies
Bingo items for Senior Service bingo club at both Senior Facilit $321 food supplies for CID special event- Ice Cream Social on July 18 $215 Fradulent Charges Refund -$999
Items for Intergenerational: Paint and Pastries. Candy for Back $131 Online staff scheduling program $357
purchase of food supplies for center cooking program (DH) $31 purchase of food supplies for center cooking program (RH) $72 purchase of food supplies for center cooking program (VCC) $66 Purchase of food supplies for the center cooking program (DHCC) $23 purchase of perishable food supplies for center cooking program $120 purchase of supplies for center science program (LCCC) $16 Senior Movie Day: Eight seniors age participants had the the opp $48 Senior Movie Day: Fifteen seniors age participants had the the o $90 Senior Movie Day: Twenty seniors age participants had the the op $120 Senior Movie Day: Two seniors age participants had the the oppor $162 Sizzlin Summer Night Concert Series $82
5111 - Material And Supplies Total $855
5122 - Dues And Subscriptions
annual subscription for online design platform to create marketi $180 5122 - Dues And Subscriptions Total $180
5132 - Meetings And Conferences
Purchase of lunch for panelists conducting interviews for the vo $51 purchase of lunch for the panelist who conducted interviews for $36 5132 - Meetings And Conferences Total $87
Parks & Recreation Total $1,122
Packet Page. 1083
City of San Bernardino
Purchasing Card Charges by Department
July-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
Police
5111 - Material And Supplies
Clear lenses for sign holders - traffic $44
GUN LOCKS NEEDED TO SECURE ALL GUNS/ PISTOLS/ HANDGUNS/ RIFLES/ $272 SWAT COMMANDERS MEETING $564
5111 - Material And Supplies Total $880
5113 - Motor Fuel And Lubricants
Fuel for Chief's City issued vehicle. $168
5113 - Motor Fuel And Lubricants Total $168
5122 - Dues And Subscriptions
Annual subscription to create and publish digital newsletter. $192 Buzzsprout podcast subscription $12
5122 - Dues And Subscriptions Total $204
5133 - Education And Training
ADV CRIME SCENE INVESTIGATIONS HOTEL $1,389
CA PUBLIC RECORDS ACT REGISTRATION $251
CHIA CONFERENCE REGISTRATION $525
CLEARS INFO & TECH SEMINAR REGISTRATION $650
LEAGUE OF CA CITIES CONFERENCE REGISTRATION $725
RELEASING & REDACTING LAW ENFORCEMENT RECORDS REGISTRATION $161 SURVEILLANCE & COVERT OPS REGISTRATION $350
5133 - Education And Training Total $4,051
5134 - Training Post Reimburseable
BACKGROUND INVESTIGATIONS REGISTRATION $362
E-COLLAR COURSE REGISTRATION $500
MOUNTED PATROL BASIC REGISTRATION $650
MOUNTED PATROL INSTRUCTOR REGISTRATION $650
S.L.I HOTEL PARKING $30
S.L.I. HOTEL $521
VEHICLE DEFENSE REGISTRATION $600
5134 - Training Post Reimburseable Total $3,313
Police Total $8,616
Packet Page. 1084
City of San Bernardino
Purchasing Card Charges by Department
July-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
Public Works
5111 - Material And Supplies
air filter for whistle $176
filter replacement for whistle $71
5111 - Material And Supplies Total $247
5112 - Small Tools And Equipment
tv for custodial training $449
5112 - Small Tools And Equipment Total $449
5122 - Dues And Subscriptions
County Fire Permit for site plan review for the Navigation Center $1,033 5122 - Dues And Subscriptions Total $1,033
Public Works Total $1,729
001 - General Total $33,470
119 - Community Development Block Grant
Police
5111 - Material And Supplies
Cooler for PEACE Team outreach efforts $685
5111 - Material And Supplies Total $685
5502 - Professional Contractual Services
Motel voucher transaction and refund $542
5502 - Professional Contractual Services Total $542
Police Total $1,227
119 - Community Development Block Grant Total $1,227
123 - Federal Grant Programs
Police
5111 - Material And Supplies
backpack for crime analyst equipment $173
workstation computer equipment $1,372
5111 - Material And Supplies Total $1,545
Police Total $1,545
123 - Federal Grant Programs Total $1,545
Packet Page. 1085
City of San Bernardino
Purchasing Card Charges by Department
July-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
124 - Animal Control
Animal Services
5111 - Material And Supplies
Chicken feed for animals at the shelter $39
Cooling towels for staff $91
Disposable gowns for disease control $200
Distilled water for vet staff $17
Dog bowls $745
Filters for vacuum in surgery suite $13
Foil Litter pans and food trays for cats at the shelter $2,209 Labels for medication dispensed to the animals $50
Locking storage cabinets to secure supplies $233
Medication for animals $461
Powdered formula for underage kittens $737
Sterilization tabs for the autoclave (Surgery tools) $75 Supplies for surgical clinic/suite $95
Wet cat, kitten and dog food for animals at the shelter $1,347 Wet Dog and cat food for animals at the shelter $230
Wet Dog Food for dogs at the shelter $326
Wet dog food for medication $217
5111 - Material And Supplies Total $7,084
5132 - Meetings And Conferences
Cal Animals CEO Forum for Department Director $600
5132 - Meetings And Conferences Total $600
5133 - Education And Training
Euthanasia training workshop for staff. $450
5133 - Education And Training Total $450
5167 - Software Maintenance
Volunteer software $372
5167 - Software Maintenance Total $372
Animal Services Total $8,506
124 - Animal Control Total $8,506
126 - Gas Tax Fund
Operations and Maintenance O&M
5133 - Education And Training
CERTIFIED MUNICIPAL SPECIALIST ISA TEST FOR Forestry supervisor $125 5133 - Education And Training Total $125
Operations and Maintenance O&M Total $125
126 - Gas Tax Fund Total $125
Packet Page. 1086
City of San Bernardino
Purchasing Card Charges by Department
July-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
130 - State And Other Grant Programs
Parks & Recreation
5111 - Material And Supplies
Items for Intergenerational: Paint and Pastries. $60
Items for Intergenerational: Paint and Pastries. Candy for Back $60 5111 - Material And Supplies Total $120
5171 - Rentals
refund amount due to change in state park reservation. B2N famil -$192 5171 - Rentals Total -$192
Parks & Recreation Total -$72
Police
5111 - Material And Supplies
Refund for damaged item -$2
5111 - Material And Supplies Total -$2
5122 - Dues And Subscriptions
Necessary software for grant drone $1,300
5122 - Dues And Subscriptions Total $1,300
5132 - Meetings And Conferences
Travel to serve grant-related warrants $1,160
Travel to serve grant-related warrants $574
5132 - Meetings And Conferences Total $1,734
5502 - Professional Contractual Services
Incentives purchase for grant-related activiti $342
5502 - Professional Contractual Services Total $342
Police Total $3,374
130 - State And Other Grant Programs Total $3,302
141 - Local Grants
Parks & Recreation
5111 - Material And Supplies
The items on this charge are included in the $363.11 receipt, ho $14 Carry case for Solix battery backup for special event first aid booths $48 lungs for CPR manakins for staff training $70
Decorations a materials for the teen night glow pool party $89 Carry cases for cpr manakins $97
Wireless mic and carry case for PA used for aquatics special events and general programming $155 Portable PA system and carry case for wireless mics for aquatics special events $261 Decorations and supplies for Teen Night Glow Pool Party $335 Backup battery system for aquatics special events first aid booth $467 Packet Page. 1087
City of San Bernardino
Purchasing Card Charges by Department
July-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
Battery back up system for special first aid special events, first aid bags for AEDs cases for battery back and SM mic $494 CPR manakins and AED trainers for staff training $1,957 5111 - Material And Supplies Total $3,987
Parks & Recreation Total $3,987
Police
5111 - Material And Supplies
Parts for the PD Offroad Vehicle $948
Equipment and Parts for Offroad Vehicles $2,631
5111 - Material And Supplies Total $3,579
Police Total $3,579
141 - Local Grants Total $7,566
635 - Fleet Services Fund
Public Works
5113 - Motor Fuel And Lubricants
cng for dump truck- receipt not working $151
CNG Fuel for unit # 445 $151
CNG FUEL UNIT # 445 $150
CNG FUEL FOR CNG DUMP TRUCK $142
CNG Fuel for dump truck $160
CNG Fuel for vactor truck $136
oil for whistle $518
5113 - Motor Fuel And Lubricants Total $1,408
Public Works Total $1,408
635 - Fleet Services Fund Total $1,408
679 - Information Technology
Information Technology
5167 - Software Maintenance
Google workspace for collaboration of email and documents. $2 5167 - Software Maintenance Total $2
Information Technology Total $2
679 - Information Technology Total $2
Grand Total $57,151
Packet Page. 1088

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: C. Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Investment Portfolio Report for July 2025 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Monthly Investment Portfolio Report for July 2025.

Executive Summary
This action is to receive and file the Investment Portfolio for the month of July 2025.

This is regular business of the Mayor and City Council ensuring that City investments are in compliance with the Mayor and Council approved Investment Policy.

Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. Section III, Chapter N of the City’s approved 2025-26 Investment Policy reads as follows, “The Director of Finance shall submit to the City Council, on a monthly basis, a report summarizing the individual transactions executed within the month.” The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report.

Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ending July 31, 2025.

The City’s Investment Portfolio is in compliance with California Government Code section 53601; and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements.

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Investment Portfolio Summary for the month ended July 31, 2025:

Par Market Book Investments
Value Value Value
% of
Portfolio
% per
City
Policy
State Local Agency
Investment Fund $84,877,629 $84,877,629 $84,877,629 25.40% 22.44% Certificates of Deposit $500,000 $479,995 $500,000 0.15% 30.00% Federal Agency Issues -
Coupon $38,500,000 $37,604,015 $38,491,727 11.52% No cap Money Market Funds $187,217,777 $187,217,777 $187,217,777 56.02% 20.00% Corporate Notes $19,125,000 $18,635,761 $19,118,129 5.72% 30.00% Supranationals $4,000,000 $3,986,660 $3,999,022 1.20% 10.00% TOTAL Investments $334,220,406 $332,801,838 $334,204,285 100.00% Description of Investment Type:
• State local Agency investment Fund (LAIF) – a voluntary State-run program created in 1977 that allows California’s local governments, counties, cities, and special districts the opportunity to participate in a major portfolio leveraging the investment expertise of the State Treasurer’s office. The City policy states that the maximum investment amount permitted by California state law regular LAIF accounts is $75m. Current value: $84.9m.

State Local Agency
Investment Fund

25.4%
Certificates of
Deposit

0.1%
Federal Agency
Issues - Coupon

11.5%
Money Market Funds

56.0%
Corporate Notes

5.7%
Supranationals

1.2%
State Local Agency Investment Fund Certificates of Deposit Federal Agency Issues - Coupon Money Market Funds
Corporate Notes Supranationals
% of Portfolio
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• Certificates of Deposit – savings accounts offered by banks and credit unions offering a fixed interest rate for a specific period of time (guaranteed interest rate). The City policy states that the maximum investment amount permitted is up to 30% of the City’s portfolio ($334.2m x 30% = $100.3m). Current value:
$500k.
• Federal Agency Issues Coupon – purchase of debt securities issued by either a U.S. federal agency (such as Federal Housing Administration (FHA), Small business Administration (SBA), Government National Mortgage Association (GNMA) – “Ginnie Mae,” or a government-sponsored enterprise (GSE) such as Fannie Mae, Freddie Mac or the Federal Home Loan Bank (FHLB). There is no maximum amount (cap) in the City policy for investing in federal agency issues coupons. Current investment: $38.5m.
• Money Market Funds – type of mutual funds that invest in highly, liquid, shortterm debt securities, which typically include Treasury bills, municipal bonds, and tax-exempt commercial paper. The City policy states that the maximum investment amount permitted is 30% of the City’s portfolio ($334.2m x 20% = $66.8m). Current value: $187.2m.
• Corporate Notes – purchase of debt securities issued by corporations to raise capital. Like bonds, they represent a loan from the investor to the company, in exchange for regular interest payments and the return of the principal amount at maturity. The City policy states that the maximum investment amount permitted is up to 20% of the City’s portfolio ($334.2m x 30% = $100.2m).

Current value: $19.1m.
• Supranationals – a debt security issued by a supranational entity, an organization formed by two or more governments to promote economic development for member countries (ex. World Bank or European Investment Bank). These organizations issue bonds to fund operations and development projects, with the expectation of repayment from operational revenue. The City policy states that the maximum investment amount permitted is up to 10% of the City’s portfolio ($334.2m x 10% = $33.4m). Current value: $4m.

Interest Earnings Summary:
31-Jul 31-Jul
Description Month ending FY to Date
Interest Collected
CDs/Coupons $27,995 $27,995
Cash/checking Accounts $1,709,427 $1,709,427
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31-Jul 31-Jul
Description Month ending FY to Date
Plus Accured Interest at End of Period
CDs/Coupons $276,323 $276,323
Cash/Checking Accounts ($124,519) ($124,519)
Less Accured Interest at Beginning of Period
CDs/Coupons ($238,840) ($238,840)
Cash/Checking Accounts ($1,568,374) ($1,568,374)
Adjustments: Premiums and Discounts $2,611 $2,611
Total Earnings during Period $84,622 $84,622
2021-2025 Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.

Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment report.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for July 2025.

Attachments
Attachment 1 Investment Portfolio Management Summary Report, July 2025 Attachment 2 FY2025-26 Adopted Investment Policy
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
CC: Eric Levitt, City Manager
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Resolution No. 2025-300
RESOLUTION NO. 2025-300

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE UPDATED INVESTMENT POLICY FOR
FISCAL YEAR 2025/26.

WHEREAS, the City of San Bernardino has an existing investment policy consistent with state law and sound financial management; and
WHEREAS, the City's Investment Policy governs the cash, treasury, and investment management functions of the City and outlines investment objectives with a focus on safety, liquidity, and yield; and
WHEREAS, California Government Code Section 53646 requires the governing board of each local agency to annually review and re-approve its investment policy; and WHEREAS, the Director of Finance and Management Services has reviewed the current Investment Policy and has recommended updates to reflect recent changes in state law, including amendments to Government Code § 53601.8 pursuant to Chapter 239, Statutes of2024 (AB 2618); and
WHEREAS, such updates have been incorporated into the proposed Investment Policy, attached hereto as Exhibit "A," and are consistent with the most current Local Agency Investment Guidelines issued by the California Debt and Investment Advisory Commission; and WHEREAS, the updated Investment Policy has been presented to the Mayor and City Council for review and approval for Fiscal Year 2025/26.

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

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

SECTION 2. The Mayor and City Council hereby adopt the "Investment Policy for FY 2025/26," attached hereto as Exhibit "A" and incorporated herein and made a part of this Resolution.

Resolution 2025-300
June 4, 2025

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: Vanessa Carder, Interim Director of Parks, Recreation, and Community Services
Department: Parks, Recreation, and Community Services
Subject: Adoption of Resolution, Establishing the Start Time for the Parks, Recreation and Community Services Commission
Regular Meetings (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-369 establishing the start time for the regular meetings of the Parks, Recreation and Community Services Commission.

Executive Summary
The resolution establishes the start time of regular Parks, Recreation and Community Services Commission to meet every third Thursday of each month at 6:00 pm. Current meetings are the third Thursday of each month at 4:00 pm. Commission vote result: 6- 1, approved with one abstention.

Background
On April 17, 2017, the Mayor and City Council adopted Ordinance No. MC-1438 repealing and replacing Charter 2.58 of the San Bernardino Municipal Code regarding meetings. The Mayor and City Council introduced, read by title only, and waived further reading of Ordinance No. MC-1438 amending Section 2.58.020 of Chapter 2.58 of Title 2 of the San Bernardino Municipal Code relating to the time and location of regular meetings. Under the ordinance, the time of regular meetings will now be established by a resolution that is adopted by a majority vote of the City Council.

Discussion
The current 4:00 P.M. start time for regular meetings of the Parks, Recreation, and Community Services Commission provides limited flexibility and has proven challenging to maintain. In 2023, only five meetings reached quorums, and no meetings reached a quorum in 2024, largely due to scheduling conflicts. Current Commissioners have also expressed difficulty attending at this time because of work Packet Page. 1122
obligations. In addition, the early start time limits opportunities for community members to attend and provide public comment, as many working families are unavailable until after normal business hours.

The Commission discussed this matter at its regular meetings on May 15, 2025 and July 17, 2025. After reviewing options and considering public accessibility, a motion was made to adjust the start time of regular meetings to 6:00 P.M. The motion was approved by a vote of 6–1, with one abstention.

To provide greater flexibility for the Commission to conduct City business, the resolution recommended for adoption establishes the following parameters:
• Regular meetings shall begin no earlier than 6:00 P.M. • All meetings are scheduled to adjourn by 8:00 P.M. on the same day. If a meeting is still in progress at 7:00 P.M. with items left on the agenda, the Commission shall determine which items can be addressed before 8:00 P.M., with all other items continued to a future meeting. Extending a meeting beyond 8:00 P.M. will require a majority vote of the Commission.

These parameters apply only to regular meetings. Additional meetings, workshops, and study sessions may still be scheduled as special meetings in compliance with the Ralph M. Brown Act. Regular meetings are held the third Thursday of each month in the 201B 3rd floor Board Room; location subject to change with proper public notification in accordance with the Ralph M. Brown Act.

The first regular meeting to reflect on the new start time will be October 16, 2025. The resolution does not take effect until September 17, 2025; therefore, the September 18, 2025, regular meeting of the Parks, Recreation, and Community Services Commission will continue to begin at 4:00 P.M. in accordance with the current schedule. 2021-2025 Strategic Targets and Goals
Adopting Resolution 2025-369 aligns with Key Target No. 1a: Improved Operational & Financial Capacity - Establish clear policy direction and predictable organization structures.

Fiscal Impact
There is no fiscal impact related to changing the time of the regular Parks, Recreation and Community Services Commission meeting.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-369 establishing the start time for the regular meetings of the Parks and Recreation Commission.

Attachments
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Attachment 1 – Resolution No. 2025-369
Ward:

All Wards
Synopsis of Previous Council Actions:

April 17, 20217 Mayor and City Council adopted Ordinance No. MC-1438 repealing and replacing Charter 2.58 of the San Bernardino Municipal Code regarding meetings.

CC: Eric Levitt, City Manager
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Resolution No. 2025-369
Resolution No. 2025-369
September 17, 2025

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RESOLUTION NO. 2025-369

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ESTABLISHING THE TIME FOR THE REGULAR

MEETINGS OF THE PARKS, RECREATION AND
COMMUNITY SERVICES COMMISSION.

WHEREAS, Section 309 of the San Bernardino City Charter requires the City Council to establish the time of its regular meetings; and
WHEREAS, Ralph M. Brown Act found Chapter 9, Part 1 of Division 2 of Title 5 of the California Government Code beginning with Section 54950 (the “Brown Act”) sets forth statewide standards for meetings of local agencies; and
WHEREAS, on April 17, 2017 the Mayor and City Council adopted ordinance MC-1438 amending section 2.58.020 of Chapter 2.58 of the San Bernardino Municipal Code, establishing that the time of regular commission meetings may be set forth in a Resolution adopted by a majority vote of the City Council.

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

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

SECTION 2. Regular meetings of the Parks, Recreation and Community Services Commission shall be held on the third Thursday of each month and may begin no earlier than 6:00 P.M. in the 201B 3rd floor Board room; location subject to change with proper public notification in accordance with the Ralph M. Brown Act.

SECTION 3. Regular meetings are scheduled to terminate at 8:00 P.M. on the same day they begin. At 7:00 P.M., the Commission shall determine which of the remaining agenda items can be considered and acted upon prior to 8:00 P.M. and will continue all other items on which additional time is required until a future Parks, Recreation and Community Services meeting. A majority vote of the Commission is required to extend a meeting beyond 8:00 P.M. to discuss specified items.

SECTION 4. Notwithstanding any other provision of this resolution, and regular meeting of the Parks, Recreation and Community Services Commission may be set, canceled, or rescheduled to a different date, time, or location by resolution duly adopted by the affirmative votes of a majority of the City Council or by any other manner as provided by law. The date, time, and location of any meetings set or rescheduled to a different date, time, or location shall be noticed and posted in the manner provided by law.

SECTION 5. 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 Packet Page. 1125
Resolution No. 2025-369
Resolution No. 2025-369
September 17, 2025

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

SECTION 7. 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 17th day of September 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2025-369
Resolution No. 2025-369
September 17, 2025

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-369, adopted at a regular meeting held on the 17th day of September 2025 by the following vote:

Telicia Lopez, CMC, Acting City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: Darren Goodman, Chief of Police
Department: Police
Subject: Authorize the City Manager to Execute Amendment No.1 to the Law Enforcement Services Agreement with the San
Bernardino International Airport Authority (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the proposed First Amendment to the Law Enforcement Services Agreement between the City of San Bernardino and the San Bernardino International Airport Authority.

Executive Summary
The City of San Bernardino Police Department is responsible for policing services at the San Bernardino International Airport. Currently, two Police Officers are stationed at the airport during departures and arrivals of domestic flights. The San Bernardino International Airport Authority funds two fully burdened Police Officers, and 25% of a Police Captain’s salary, for these services. The current service Agreement expires October 01, 2025, and SBIA has expressed interest in continuing this partnership through the renewal of the agreement until October 01, 2028.

Background
Since 2012, the City of San Bernardino and the San Bernardino International Airport Authority have had various Service Agreements for Law Enforcement Services at the airport. In total, there have been five (5) separate agreements, containing various terms; however, all with the intention of providing law enforcement services at the facility. The most recent Service Agreement, spanning 2022-2025, funded two fully burdened Police Officers; an administrative fee equal to 25% of a fully burdened Police Captain’s rate; and $625.00 per vehicle per month for the use of two (2) City-owned patrol vehicles. This agreement has provided SBIAA with sworn law enforcement services to achieve compliance for Federal Aviation Administration approval for the continuance of passenger services at the airport.

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Discussion
The San Bernardino International Airport Authority is desirous of executing a First Amendment to the current 2022-2025 Service Agreement for continuing sworn police services at the San Bernardino International Airport. This First Amendment would extend the current agreement, beginning October 2, 2025, and ending October 1, 2028.

The First Amendment to the Service Agreement would continue to provide two Police Officers for general law enforcement services at the airport during departures and arrivals. SBIAA will continue to fund the actual expenses for the use of City services, which includes:
• 100% of the fully burdened costs for two (2) Police Officers. • $625.00 per vehicle per month for the use of two (2) City-owned patrol vehicles. • An administrative fee that is equal to 25% of the fully burdened rate of a Police Captain salary.

The fully burdened employee costs, and monthly patrol vehicle fees, funded by San Bernardino International Airport Authority, would be approximately $1,553,092.49 for the term of the Agreement, ending October 01, 2028. SBIAA will be billed quarterly for the costs. Additionally, any expenses related to specialized airport training, overtime, or special events for SBIAA, specifically identified in items 8(c), 9, and 10, of the Service Agreement, will be funded by the San Bernardino International Airport Authority. See table below for further details.

Oct 2025-Jun 2026
July 2026-June
2027
July2027-June
2028
July 2028-Sep
2028 Totals
1 Officer $ 150,123.78 $ 204,740.26 $ 209,813.27 $ 54,764.83 $ 619,442.14 1 Officer $ 150,123.78 $ 204,740.26 $ 209,813.27 $ 54,764.83 $ 619,442.14 2 Vehicles-
$1,250/month $ 11,250.00 $ 15,000.00 $ 15,000.00 $ 3,750.00 $ 45,000.00 Fully Burdened
Captain 25% $ 65,090.07 $ 89,113.48 $ 91,510.04 $ 23,494.62 $ 269,208.21 Total $ 376,587.63 $ 513,594.00 $ 526,136.58 $ 136,774.28 $ 1,553,092.49 2021-2025 Strategic Targets and Goals
The approved First Amendment to the Service Agreement with San Bernardino International Airport Authority synthesizes with Key Target No. 3: Improved Quality of Life Constantly evaluate public safety service delivery models to enhance the quality of service. Providing law enforcement services to SBIAA helps ensure the safety of City residents who are utilizing the air passenger services at the airport and provides immediate law enforcement presence/response during passenger service time corridors.

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Fiscal Impact
There is no net fiscal impact to the City’s General Fund. The San Bernardino International Airport Authority (SBIAA) fully reimburses the City for the cost of two (2) fully burdened Police Officers, 25% of a fully burdened Police Captain, and the use of two (2) City-owned patrol vehicles. For Fiscal Year 2025/26, the City adopted sufficient revenues and expenditure budget related to this agreement. This item does not require any additional appropriation.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the proposed First Amendment to the Law Enforcement Services Agreement between the City of San Bernardino and the San Bernardino International Airport Authority.

Attachments
Attachment 1 Amendment No.1
Attachment 2 Original Law Enforcement Services Agreement SBIA 2022-2025 Ward:

All Wards
Synopsis of Previous Council Actions:

November 14, 2022 The Mayor and City Council of the City of San Bernardino, California, authorized the City Manager to execute a Service Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Law Enforcement Services.

May 18, 2022 Mayor and Council approved a Service Agreement between the City of San Bernardino and SBIAA for Police Services for a term of 180 days.

May 16, 2018 Mayor and Council adopted Resolution No. 2018-137, approving a Services Agreement between the SBIAA and the City of San Bernardino for Police Services.

May 20, 2013 Mayor and Council adopted Resolution No. 2013-2475, approving a Master Services Agreement between SBIAA and the City of San Bernardino for Police and Fire Services.

July 01, 2012 Mayor and Council adopted Resolution No. 2012-220, approving a Master Services Agreement between SBIAA and the City of San Bernardino for Police and Fire Services.

CC: Eric Levitt, City Manager
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AMENDMENT
TO

LAW ENFORCEMENT SERVICES AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND

SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
This Amendment to the Law Enforcement Services Agreement (“Amendment”) is made and entered into as of October 1st, 2025 (“Effective Date”), by and between the City of San Bernardino (a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401) (“City”) and San Bernardino International Airport Authority (a corporation with its principal place of business at 1601 East 3rd Street, San Bernardino, California 92408) (“Airport”). City and Airport are sometimes referred to herein individually as a “Party” and collectively as “Parties”.

RECITALS
A. Resolution No 2012-220, adopted by the Mayor and City Council on August 22, 2012, authorized the City Manager to execute a master services agreement with the Airport for the provision of law enforcement services at the Airport (“Services”); and B. The Parties entered into agreements for the Services dated September 14, 2012 (date of last signature); July 1, 2018; May 18, 2022; and November 14, 2022 (“Agreement”); and
C. The Parties now desire to amend the Agreement to include extend the term for the continued performance of the Services.

NOW, THEREFORE, the Parties mutually agree as follows:

AGREEMENT

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

2. Amendment. Section 2 (Effective Date & Term) of the Agreement is hereby amended by replacing the date “October 1, 2025” with the date “October 1, 2028”.

3. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain in full force and effect; and shall govern the actions of the Parties under this Amendment. Whenever the term “Agreement” appears in the original Agreement from and after the date of this Amendment, it shall mean the Agreement as amended by this Amendment.

4. Electronic Transmission. A manually signed copy of this Amendment which is transmitted by facsimile, electronic mail, or other means of electronic transmission shall Packet Page. 1131

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be deemed to have the same legal effect as delivery of an original executed copy of this Amendment for all purposes. This Amendment may be signed using an electronic signature.

5. Counterparts. This Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE
FOR

AMENDMENT
TO

LAW ENFORCEMENT SERVICES AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND

SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the Effective Date.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
Attested By:

Telicia Lopez
Acting City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

SAN BERNARDINO INTERNATIONAL

AIRPORT AUTHORITY
Michael Burrows
Chief Executive Officer
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: Darren Goodman, Chief of Police
Department: Police
Subject: Acceptance of Yuhaaviatam of San Manuel Nation Grant Award (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California (“City”) adopt Resolution No. 2025-370 authorizing:

1. The acceptance of the Yuhaaviatam of San Manuel Nation Grant Award; and

2. The amendment of the Fiscal Year 2025/2026 adopted Budget in both revenue and expenditures by $200,000.

Executive Summary
The San Bernardino Police Department (“PD”) is participating in a region-wide effort to establish a fusion center that will be located at the PD and serve both San Bernardino and Riverside Counties. The purpose of the fusion center will be to facilitate information sharing between Federal, state, local, tribal, and other public safety or private partners to detect, prevent, and respond to terrorism, crime, and other hazards or catastrophes that threaten the security of the Inland Empire Region. The Yuhaaviatam of San Manuel Nation (“Tribe”) has awarded the PD a $200,000 grant (“Grant”) to support the establishment of the fusion center.

Background
After the terrorist attacks on September 11, 2001, the 911 Commission was established to assess the circumstances or failures surrounding the attacks and to identify ways to guard against future terrorist attacks. Among the problems identified was a lack of information sharing between Federal, state, and local law enforcement agencies at multiple levels. This left lthem with an incomplete understanding of the threat landscape; and resulted in a failure to detect and disrupt the terrorist attacks in the planning stages. The 911 Commission recommended increased information sharing between intelligence and law enforcement agencies at all levels through the Packet Page. 1145

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fusion center concept. This recommendation was implemented through the establishment of regional fusion centers to serve as focal points for information sharing between Federal, state, local, and tribal public safety partners.

Since that time, a network of 80 unique fusion centers has been established across the nation. Each center is controlled and operated at the state or local level, with the ability to tailor their operations to meet the needs of the areas they serve. In recent years, the mission of many fusion centers has expanded from a narrow focus on information sharing regarding terrorism to include other criminal activity and hazards that threaten public safety and homeland security. The expanded “All threats, All Hazards” model for fusion center operations has resulted in participation from organizations beyond law enforcement, including fire, emergency management, public health, education, and private sector partners. The public is also encouraged to participate through suspicious activity reporting, most commonly recognized as the “See Something, Say Something” campaign.

In 2006, the Joint Regional Information Center (“JRIC”) was established as the fusion center responsible for the seven Southern California Counties of San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, and Riverside. Orange County broke away from that group to establish its own fusion center in 2007 to better serve the public safety needs of Orange County. Since that time, the JRIC has continued to operate on behalf of the remaining six counties; and its area of responsibility is one of the fastest-growing and most populous regions of the country.

The terrorist attack at the Inland Regional Center on December 2, 2015, generated an interest among law enforcement leaders in the Inland Empire to establish a fusion center to serve the Inland Empire. The idea gained momentum in 2022 when the Riverside Urban Area Security Initiative (“Riverside UASI”) allocated Homeland Security grant funding for a project to establish a regional fusion center to serve San Bernardino and Riverside Counties. The fusion center project has been making progress since that time and has evolved into what is now known as the Safety and Tribal Regional Analysis Center (“STRAC”), which will eventually become the 81st recognized fusion center in the nation.

Discussion
The PD participates in the Riverside UASI program. The City has a vested interest in working to prevent any future terrorist attacks that may jeopardize the safety of the City, its residents, and the business community. The more recent domestic terrorism attack in Palm Springs has only confirmed there is an ongoing need to continue the effort to prevent terrorism of all kinds. The PD recognizes this need and has taken an active role in the development of the STRAC fusion center. That active role has enabled the PD to bring the STRAC to the PD and co-locate it at the PD.

Fusion centers across the country serve as information-sharing points and have been involved in the identification of multiple terrorist and major criminal incidents in the planning stages, allowing law enforcement to respond before they occur. Whether the disruption of terrorist and criminal activities is reported in the media or goes unnoticed, Packet Page. 1146

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many cases share a common factor of beginning with information that was obtained or developed through a fusion center. Not only do fusion centers play a role in the origination of terrorism and criminal cases; but they also support ongoing investigations at the Federal, state, local, and tribal levels. Fusion centers are recognized as valuable tools to support multiple public safety missions, but the number of fusion centers is low in relation to the need, so they are coveted resources as public safety agencies plan for the future. The STRAC will be a much-needed resource for the region, and its location in San Bernardino will allow the PD to make the maximum use of the resources it can provide.

The STRAC will serve as the primary intelligence and information exchange center for the two-county Inland Empire Region. It will evaluate information to recognize signs of safety threats and track information or incidents that, when viewed together as a whole, may demonstrate an emerging threat to the Inland Empire. When appropriate, the STRAC will route information about criminal or terrorism activity to the appropriate public safety agency. It will also support local fire and emergency management operations during disaster responses by facilitating the gathering of vital public safety intelligence, enabling public safety leaders to make more informed decisions and craft better response plans. Beyond these operations, the STRAC will also develop information on public safety trends to educate first responders about the tactics, techniques, and procedures used by criminals and terrorist actors; giving them the knowledge they need to better identify, disrupt, or respond to terrorism and criminal acts.

The bulk of the STRAC’s operating expenses will be paid through Riverside UASI grant funds. UASI funds will be applied to hiring personnel to staff the STRAC, purchase equipment, cover overhead costs such as utilities and office supplies, and provide training to STRAC personnel. Riverside County is supplementing the costs to operate the STRAC with the contribution of Homeland Security grant funds allocated to Riverside County that will also be used to hire personnel and cover operating and equipment costs. The Tribe has an active interest in the STRAC and has supported the development of the STRAC throughout its progress. Through this Grant, the Tribe is providing additional financial support to cover costs related to minor building modifications to accommodate the STRAC, the purchase of additional equipment and furniture, and the lease of copy machines. The PD will be responsible to complete the Grant project in compliance with Grant terms within a 12-month period. 2021-2025 Strategic Targets and Goals
The request to authorize the receipt and expenditure of grant funds aligns with:
• Key Target No. 1c. Improved Operational and Financial Capacity - implement, maintain, and update a fiscal accountability plan.
• Key Target No. 3c. Improved Quality of Life –Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California (“City”) adopt Resolution No. 2025-370 authorizing:

1. The acceptance of the Tribe’s Grant Award; and

2. The amendment of the Fiscal Year 2025/2026 adopted Budget in both revenue and expenditures by $200,000.

Attachments
Attachment 1 - Resolution No. 2025-370
Attachment 2 - Grant Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

December 4, 2024: The Mayor and City Council approved the memorandum of agreement (“MOU”) (3rd amendment) with the San Manuel Band of Mission Indians for the funding of officers to provide police services to the service areas identified in the agreement, and to provide additional services as identified.

January 1, 2021: The Mayor and City Council approved the MOU (2nd amendment) with the San Manuel Band of Mission Indians for the funding of four police officers to provide police services to the service areas identified in the agreement, and to provide additional services as identified.

August 7, 2019: The Mayor and City Council approved the 1st amendment to the San Manuel Community Credit Fund Restricted Grant Agreement.

October 1, 2017: The Mayor and City Council approved an agreement between the San Manuel Band of Mission Indians for funding for police services under the San Manuel Community Credit Fund Restricted Grant Agreement.

CC: Eric Levitt, City Manager

FINANCIAL
DATA
Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost:

COST $ 200,000 $ 0.00 $ 200,000 $ 0.00

GENERAL
FUND
SHARE
$ 0.00 $ 0.00 $ 0.00 $ 0.00
SOURCE OF FUNDS:

Tribe grant in the amount of $200,000.

Budget Adjustment:

Yes
For Fiscal Year: 25/26
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Resolution No. 2025-370
Resolution No. 2025-370
September 17, 2025

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RESOLUTION NO. 2025-370

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE ACCEPTANCE OF THE

YUHAAVIATAM OF SAN MANUEL NATION GRANT

AWARD AND THE AMENDMENT OF THE FISCAL YEAR
2025/2026 ADOPTED BUDGET IN BOTH REVENUE AND
EXPENDITURES BY $200,000

RECITALS
WHEREAS, the City of San Bernardino (“City”) is a participating jurisdiction in the Riverside Urban Area Security Initiative program, which is establishing the Safety and Tribal Regional Analysis Center (“STRAC”); and
WHEREAS, STRAC will serve as a regional fusion center for the San Bernardino and Riverside Counties to improve local capacity to prepare for, protect against, and respond to catastrophic incidents, terrorism, and criminal acts; and WHEREAS, STRAC will be located at the San Bernardino Police Department (“PD”); and
WHEREAS, the Yuhaaviatam of San Manuel Nation awarded the City a grant fund in the amount of two hundred thousand dollars ($200,000) on July 22, 2025 (“Grant”), for the establishment the STRAC at the PD.

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

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

SECTION 2. Authorization. The Mayor and City hereby authorizes the following:
a. The City Manager or his designee to accept the Grant in the amount of two hundred thousand dollars ($200,000) and execute any documents as may be necessary to accept the Grant funds.
b. The Director of Finance and Management Services to amend the Fiscal Year 2025/2026 adopted Budget appropriating two hundred thousand dollars ($200,000) in revenue and expenditures.

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Resolution No. 2025-370
Resolution No. 2025-370
September 17, 2025

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SECTION 3. California Environmental Quality Act (“CEQA”). The City Council finds that this Resolution is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Chapter 3 to Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly.

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

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

APPROVED and ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this [_____] day of [______] 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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Resolution No. 2025-370
September 17, 2025

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-370, adopted at a regular meeting held on the 17th day of September 2025 by the following vote:

Telicia Lopez, Acting City Clerk
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RESTRICTED GRANT AGREEMENT
Yuhaaviatam of San Manuel Nation
and
City of San Bernardino Police Department
This Restricted Grant Agreement (this “Agreement”) is made and entered into as of September 01, 2025 (the “Effective Date”) by and between the Yuhaaviatam of San Manuel Nation, a federally recognized Indian Tribe located at 26569 Community Center Drive, Highland, California 92346 (“Tribe”), and City of San Bernardino, a charter city and municipal corporation located at 710 North D Street, San Bernardino, California 92401(“Grantee”). Tribe, on the one hand, and Grantee, on the other hand, are each referred to herein individually as a “Party” and together as the “Parties.”
I. GRANTEE’S STATUS. This grant is specifically conditioned upon Grantee’s status as an eligible grantee of Tribe in accordance with this Section. Grantee represents and warrants that it is acharitable donations to the Grantee are tax-exempt deductible if made and used solely for public purposesorganization under Section 170(c)(1) 501(c)(3) of the Internal Revenue Code of 1986, as amended (hereinafter the “Code”);, and that it is not a private foundation as defined in Section 509(a) of the Code. Grantee has provided Tribe with a copy of Internal Revenue Service determination letter(s) evidencing its status as an eligible grantee and Grantee represents and warrants that such determination letter(s) are currently in full force and effect. Grantee will notify Tribe immediately of any actual or proposed change in its tax status during the Grant Period (as defined below).

II. AMOUNT AND PAYMENT OF GRANT. Subject to the terms and conditions of this Agreement, Tribe hereby agrees to make a grant to Grantee equal to Two Hundred Thousand Dollars ($200,000.00) (such amount and all income and gain earned thereon hereinafter collectively referred to as the “Grant”), which shall be paid in accordance with the following schedule, in each case, subject to Tribe’s prior receipt and written approval of all of Grantee’s reports required hereunder:

Payment Date Amount
By September 01, 2025 $200,000
III. PURPOSE OF GRANT. The Parties acknowledge and agree that the purpose of the Grant is to provide funding in support of Safety & Tribal Regional Analysis Center (STRAC) (hereinafter the “Grant Project”), which shall be applied to the Grant Project from the Effective Date until August 31, 2026 (the “Grant Period”). Grantee is strongly encouraged to provide supplemental financial and other institutional support to extend the scope and success of each of the initiatives of the Grant Project.

The Grant is made only for the specific charitable and educational purposes described in this Agreement. The Grant may not be used for any other purpose without prior written approval from Tribe.

Commented [1]: City will need to verify this.

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IV. OBJECTIVES & EXPECTED OUTCOMES OF GRANT PROJECT
a. Objectives. Grantee shall use the Grant to undertake the activities described in Attachment A: Goals, Objectives, Outcomes and Evaluations (“Attachment A”), attached hereto and incorporated herein by reference, within the timeframe outlined in Attachment A and in accordance with Attachment B: Yuhaaviatam of San Manuel Nation Grant Program/Project Budget (“Attachment B”), attached hereto and incorporated herein by reference, unless otherwise agreed by Tribe in writing.
b. Outcomes. Grantee shall measure and report the outcomes to Tribe as provided in Attachment A.

V. RECOGNITION. In recognition of the Grant, Grantee will express its appreciation and provide recognition publicly to Tribe as set forth in Attachment C: Recognition (“Attachment C”), attached hereto and incorporated herein by reference. In addition, Grantee shall (i) ensure that Tribe is clearly identified as a funder or supporter of Grantee in all published material relating to the subject matter of the Grant and (ii) list Tribe as a funder or supporter in its annual report, if any. Notwithstanding anything to the contrary in this Agreement or Attachment C, all proposed Grantee external communications regarding Tribe shall be submitted first to Tribe for its review and written approval.

VI. ADDITIONAL TERMS AND CONDITIONS OF GRANT. Grantee and Tribe hereby agree that the Grant is subject to the following additional terms and conditions:
a. Expenditure of Grant.

1. Use and Management of Grant. Grantee will spend the Grant only for the purposes of funding the Grant Project as described above and will not use the Grant in any manner inconsistent with Section 501(c)(3) of the Code. The investment, administration, distribution and stewardship of any current-use fund established by the Grant will be accomplished in accordance with applicable law and Grantee policies, which policies Grantee may amend from time to time.

2. Expenditures. Any material changes to Attachment B require Tribe’s prior written approval. Grantee must also report to Tribe any change, including, but not limited to, changes in expenses, funding, personnel, materials, service area or population, or timelines (as applicable), which impact at least two-and-one-half percent (2.5%) of the reported budget and use of funds for the Grant Project detailed in Attachment B.

3. Payment of Funds to Related Parties of Tribe. No part of the Grant may be paid directly to any director, officer, employee or citizen (or their family members) of Tribe for any purpose.
b. Return of Grant. Grantee shall return to Tribe all or any portion of the Grant not previously spent or irrevocably committed in compliance with and in reliance on this Agreement, and Tribe shall have the right to suspend or withhold unpaid installments of the Grant if:

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1. Tribe, in its reasonable discretion, determines that Grantee has not performed in accordance with this Agreement;

2. Any portion of the Grant is not used for the Grant Project; or

3. Necessary to comply with any applicable requirements of law.

In addition, Grantee shall return any unused portion of the Grant promptly to Tribe upon the completion of the Grant Period, unless Tribe agrees in writing to extend the Grant Period or repurpose the funds.
c. Records, Audits, Site Visits. The Grant provided by Tribe will be accounted for separately in Grantee’s books and records. A systematic accounting record shall be kept by Grantee of the receipt and use of the Grant. Grantee will retain original substantiating documents related to Grant expenditures and will make these records available for Tribe’s review upon its reasonable request. Grantee will be responsible for maintaining adequate financial records pertaining to the Grant throughout the Grant Period and for at least five (5) years following the completion of the Grant Period. Tribe or a designated representative of Tribe shall have the right to conduct a site visit and/or audit Grantee’s books and records relating to the expenditure of the Grant upon Grantee’s receipt of reasonable written notice from Tribe. d. Reports.

1. Grantee will complete all reporting required by this Section VI.d. and Attachment A. In the event of any inconsistency between this Section VI.d. and Attachment A, the more comprehensive reporting requirement will apply. All reports and the assessment of progress toward Goals, Objectives, and Outcomes are subject to the approval and acceptance of Tribe in its sole and absolute discretion and approval and acceptance of all such reports due on or prior to any payment of a portion of the Grant.

2. Grantee will submit written semi-annual summative reports to Tribe by March 15 and September 15 of each year during the Grant Period and will submit a final report to Tribe within sixty (60) days after the completion of the Grant Period (or the earlier termination of this Agreement, if applicable). Such written reports must be signed by an authorized officer of Grantee and shall conform to the report templates provided by Tribe’s Community Outreach Department. In particular, the reports shall describe in detail Grantee’s use of the Grant, compliance with the terms of the Grant and the progress made by Grantee toward achieving the purposes for which the Grant was made.
e. Subgrantee Compliance. Grantee hereby confirms that it has the ability to cause and will cause any subgrantee of the Grant to comply with this Agreement (e.g., if and to the extent a subgrantee is contemplated in Attachment A).
f. Licensing and Credentials. Grantee will maintain or cause to be maintained, in full force and effect, all required governmental or professional licenses and credentials for itself, its facilities, its employees and all other entities and individuals engaged in work in conjunction with the Grant.

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g. Management and Organizational Changes. Grantee will provide immediate written notice to Tribe if significant changes or events occur during the Grant Period which could potentially impact the progress or outcome of the Grant, including, without limitation, changes in Grantee’s management personnel or losses of funding from any other sources. h. Termination. Either Party hereto may terminate this Agreement upon not less than thirty (30) days’ prior written notice to the other for failure on the part of such Party to perform a material obligation hereunder, or for a breach of any of such Party’s representations or warranties made in this Agreement. Tribe may terminate this Agreement upon not less than thirty (30) days’ prior written notice to Grantee for (i) Grantee’s change in its tax-exempt status or fundamental mission, or (ii) Grantee’s implication in an event, or series of events, of such notoriety or opprobrium that the continuation of this Agreement has or will have a negative impact upon Tribe, its image or reputation, or (iii) Grantee’s inability to fulfill the requirements set forth in this Agreement. In the event of any termination of this Agreement, Grantee shall return all Grant funds received excluding all expenditures and contractual encumbrances made consistent with this Agreement and incurred by Grantee in reliance on this Agreement.

If Tribe terminates this Agreement, Grantee will remove all signage and other identification from the facilities and all other places, things (including current-use and endowed funds) and sites wherever there are references to Tribe (collectively, “All Identification”), at Grantee’s sole cost and expense, unless otherwise agreed in writing by Tribe in its sole discretion. The removal of All Identification will be completed as soon as reasonably practical, but in no event later than thirty (30) days after the notice of termination, unless otherwise agreed in writing by Tribe in its sole discretion.

The foregoing rights and remedies are cumulative of, and in addition to, any rights, remedies or recourses to which the terminating Party may be entitled at law or in equity. i. Knowing Assumption of Obligations. Grantee acknowledges that it understands its obligations imposed by this Agreement and , including, but not limited to, those obligations imposed by reference to the Code. Grantee hereby agrees that if Grantee has any doubts about its obligations under this Agreement, including those incorporated by reference to the Code, Grantee will promptly contact Tribe.
j. Terrorist Activity. Grantee represents and warrants that it does not support or conduct, directly or indirectly, violence or terrorist activity of any kind. k. Confidentiality. The terms of the Grant and this Agreement are confidential.

Grantee must seek Tribe’s prior written approval before sharing any terms of the Grant or this Agreement with third parties who do not have a need to know in order to further the purpose of the Grant Project.
l. Tribe’s Publicity of Grant Project. Grantee hereby grants to Tribe an irrevocable, non-exclusive license to use Grantee’s name and marks in publicity materials in all forms of media pertaining to Grantee’s organization, the Grant Project and any results or outcomes of the Grant, for internal presentations and external dissemination to the public.

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m. Ownership and Use of Marks.

1. License. Grantee acknowledges and agrees that Tribe is the owner of all right, title and interest in and to Tribe’s name and logo (collectively, the “Marks”) and that Grantee’s use of the Marks pursuant to this Agreement inures to the benefit of Tribe. Tribe hereby grants Grantee a non-exclusive and non-transferable license, without the right to sublicense, to use the Marks solely in connection with providing recognition of the Grant pursuant to this Agreement.

Grantee will have no rights in or to the Marks, except as expressly granted herein. Tribe expressly reserves to itself all rights in and to the Marks not expressly granted to Grantee pursuant to this Agreement. The manner and use of the Marks shall comply with all federal and state laws pertaining to trade names, trademarks and service marks in force at any time and shall clearly indicate Tribe’s ownership of the Marks as requested and approved by Tribe.

2. Approval Rights. Notwithstanding anything to the contrary in this Agreement, all uses of the Marks by Grantee are subject to the prior written approval of Tribe. Grantee will submit to Tribe for approval, at least ten (10) business days prior to its intended first use, all materials which contain the Marks (whether in print media, direct mail, television, radio, internet, email, billboard or in any other form, media or channel). Tribe will have the right to review and approve any copy containing reference to Tribe or including the Marks prior to its use by Grantee. Tribe will use its reasonable efforts to promptly review materials sent by Grantee for approval and will not unreasonably withhold or delay its approval. In no event shall Grantee make any unapproved changes to the Marks.
n. Selection of Subgrantees. With regard to the selection of any subgrantees to carry out the purposes of the Grant, Grantee retains full discretion and control over the selection process, acting completely independently of Tribe. There is no agreement, written or oral, by which Tribe may cause Grantee to choose any particular subgrantee. o. No Agency. Grantee is solely responsible for all activities supported by the Grant, the content of any product created with the Grant, and the manner in which any such product may be disseminated. The relationship between Tribe and Grantee is that of grantor and grantee, and this Agreement shall not be deemed to create any other type of relationship, including, but not limited to, a partnership, joint venture, employment, independent contractor or principal and agent relationship.
p. Remedies. If Tribe determines, in its reasonable discretion, that Grantee has materially violated or failed to carry out any provision hereof, Tribe may avail itself of any remedies available at law in addition to those contained in this Agreement. q. Waiver of Claims and Indemnification. Grantee hereby waives any and all claims and recourse against Tribe, including the right of contribution for loss or damages to persons or property arising from, growing out of, or in any way connected with or incidental to fulfillment of the terms and conditions specified in this Agreement. Additionally, Grantee will indemnify, defend, protect and hold Tribe and its directors, officers, managers, members, employees, agents and representatives, harmless from any cost, expense, claim, demand, liability and/or damage, Packet Page. 1156
including reasonable attorney’s fees and costs (“Claims”), arising out of or in connection with, in whole or in part, (i) any false or misleading representation made by Grantee, its agents, directors, trustees, officers, employees or delegated representatives in connection with this Agreement, (ii) its breach of any term of this Agreement, (iii) the performance of Tribe’s obligations pursuant to this Agreement, or (iv) any claims or actions brought by third parties, including, but not limited to, parties set forth below, in connection with this Agreement. Grantee further waives any and all Claims to the extent resulting from, relating to or arising out of (i) the facilities where programs are delivered and/or the operational activities of Grantee therein, including, without limitation, any disputes by, between or among participants, users, guests or any other attendees and Grantee (or Grantee’s respective agents, subcontractors (if any), directors, trustees, officers and employees) or its products and services, any personal injuries sustained by any person at or in connection with the facilities where programs are delivered, and/or any agreements with third parties entered into by Grantee or its agents in connection with the operation of the same facilities, or (ii) the negligent acts or omissions or willful misconduct of Grantee or its agents, subcontractors (if any), directors, trustees, officers or employees in connection with the subject matter of this Agreement, except to the extent those Claims are directly caused by the negligence or willful misconduct of Tribe or its agents, directors, officers or employees.
r. Survival. Notwithstanding anything to the contrary in this Agreement, the obligations in Section VI.c., Section VI.d.2. with respect to the final report, Section VI.h., Section VI.k., Section VI.l., and Sections VI.p. through Section VI.bb. shall survive any termination of this Agreement.
s. Notices. All notices, requests, demands or other communication permitted or required to be given under this Agreement shall be in writing and shall be deemed given or made when sent by United States certified or registered mail, return receipt requested and postage prepaid, or by a nationally recognized overnight courier, delivery fee prepaid, and in either case to the persons and at the addresses specified below:

If to Tribe:

Yuhaaviatam of San Manuel Nation
Strategic Philanthropy Department
674 E. Brier Dr.

San Bernardino, CA
If to Grantee:

Eric Levitt
City Manager
City of San Bernardino Police Department
710 North D Street, San Bernardino, CA 92401
The persons and addresses set forth above, from time to time, may be changed by written notice sent as aforesaid to the other Party.

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t. Captions. All captions and headings in this Agreement are for the purposes of reference and convenience only. They shall not limit or expand the provisions of this Agreement.
u. Entire Agreement; Amendments and Modifications. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral, written and other agreements between the Parties. This Agreement may not be amended or modified, except in a writing signed by both Parties. v. Governing Law/Jurisdiction. This Agreement shall be governed by applicable tribal, federal and State of California law, in that order, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. Nothing in this Agreement shall be construed as a waiver of Tribe’s immunity to unconsented suit.
w. Non-Assignment. The Parties agree that none of the provisions of this Agreement shall be assigned or delegated to any other individual or entity without the prior written consent of the other Party, which consent will be in the Party’s sole and absolute discretion. x. Successors and Assigns. The Parties agree that this Agreement shall be binding upon them and each of their respective successors and permitted assigns. y. Waiver. No waiver hereunder will be valid unless set forth in a writing signed by the Party to be bound thereby. Neither the failure nor any delay on the part of either Party to exercise any right or remedy under this Agreement shall operate as a waiver thereof. z. Force Majeure. Each of the Parties shall be excused from performing its obligations under this Agreement if its performance is delayed or prevented by any event beyond such Party’s reasonable control, including, but not limited to, acts of God, earthquake, fire, explosion, weather, disease, war, insurrection, civil strife, riots, government actions or power failure, provided that such performance shall be excused only to the extent of and during such disability.
aa. Severability. In the event any portion of this Agreement or any amendments, addenda or attachments hereto shall be held illegal, void or ineffective, the remaining portions hereof shall remain in full force and effect. If any of the terms or conditions of this Agreement is in conflict with any applicable statute or rule of law, then such term or condition shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform to such statute or rule of law.
bb. Counterparts. This Agreement may be executed in two or more counterparts, each of which is deemed an original, but all of which taken together shall constitute one and the same instrument.
[Signature Page Follows]
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The Parties have executed this Agreement as of the date first written above.

YUHAAVIATAM OF SAN MANUEL CITY OF SAN BERNARDINO POLICE

DEPARTMENT
NATION
By: By:

Name:__________________ Eric Levitt
Title:___________________ City Manager
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Amendment No. 2 to the Agreement with Z & K Consultants, Inc. for Nicholson Park Construction
Management and Construction Inspection Services for
$167,156.21 for a total amount not to exceed $844,794
(Ward 6)
Recommendation:

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

1. Approve Amendment No. 2 to the Professional Services Agreement with Z & K Consultants, Inc. in the amount of $167,156.21 for the Construction Management and Construction Inspection Services for Nicholson Park Improvements, increasing the not to exceed amount to $844,794 (Project); and

2. Authorize the City Manager or designee to execute all documents with Z & K Consultants, Inc.; and

3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Executive Summary
Approval of this Amendment will enable Z & K Consultants to complete the revised project scope and extend their term through March 31, 2026. The Amendment is funded by the previously approved Measure S contingency budget. Additional services were required to address items identified during inspection of the electrical facilities. Additionally, the City intends to utilize the construction management and inspection services through the landscape maintenance period, and to provide support for information that is required for grant reporting.

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Background
Nicholson Neighborhood Park, located at 2737 West 2nd Street, is a City-owned

9.52-acre park facility that includes recreational amenities and a community center building. The recreational area of the park currently consists of two baseball diamonds with a concession/score keeper area (restroom included), a community garden, outdoor basketball court, picnic shelter, 10 picnic tables, two barbeque grills, a playground area, restrooms, and parking lot. While the park area continues to see some general community use, the community center building has been closed for programming for several years due to financial challenges.

Over the past several years, Nicholson Neighborhood Park has become a target for vandalism due to the lack of programmed activities at the site. Many of the supporting outbuildings, irrigation, and lighting systems have been damaged beyond repair. During preparation of the FY 2020/21 Capital Improvement Program (CIP), staff recommended rehabilitation of the park to return the property to a safe and attractive condition. Restoration of the park and its amenities will assist in drawing positive activities back to the area and restore recreational opportunities for the surrounding neighborhood.

On December 6, 2023, the Mayor and City Council awarded a construction agreement to Urban Habitat in the amount of $8,147,197.56 and approved additional funds for construction contingencies and construction management costs in the amount of $1,290,000 from the previously approved ARPA allocation.

On February 21, 2024, the Mayor and City Council awarded a Professional Services Agreement to Z & K Consultants, Inc. in the amount of $471,876.00 and approved additional funds for construction management and inspection services contingency costs in the amount of $47,187.00.

On September 4, 2024, the Mayor and City Council authorized allocating an additional $745,128 from Measure S funds to increase the construction contingency and construction management budget for this project.

On June 4, 2025, the Mayor and City Council approved Amendment No. 1 to the Professional Services Agreement with Z&K in the amount of $144,158.90 and authorized additional project contingencies in the total amount of $14,415.89. This amendment was funded by the previously approved Measure S contingency budget, and extended the existing construction management and construction inspection services term through July 31, 2026.

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Discussion
Additional services are needed due to revisions that were identified by Southern California Edison during their inspection of the electrical service equipment. These revisions required the relocation and addition of items to receive power at the site.

These revisions caused a shift in the construction schedule, which has resulted in a need to extend the services provided by Z&K Consultants. Additionally, the City has requested Z&K Consultants provide services through the landscaping establishment and maintenance period on an as needed basis. They will also provide services to support project closeout tasks related to grant funding requirements.

Amendment No. 2 for Z&K Consultants includes an additional amount of $167,156.21 for the services. This amendment will extend their term from July 31, 2025, to March 2026. This extends the service period beyond construction through to project closeout to help meet grant requirements. The new construction management and inspection services bring the Project total to $844,794.

Construction Management & Inspection Services Cost
Original Agreement – ARPA $471,876.00
Initial Contingency – ARPA $47,187.00
Amendment No. 1 – Measure S $144,158.90
Additional Contingency – Measure S $14,415.89
Amendment No. 2 – Measure S $167,156.21
Total $844,794.00
The starting Measure S balance was $744,847.21. The remaining Measure S balance after accounting for previously approved expenditures and Amendment No. 2 is $419,116.21, which is still available for future project needs or expenditures.

Measure S Budget
Measure S $744,847.21
Amendment No. 1 ($144,158.90)
Additional Contingency ($14,415.89)
Amendment No. 2 ($167,156.21)
Remaining in Measure S $419,116.21
2021-2025 Strategic Targets and Goals
Approving Amendment No. 2 of this agreement aligns with Key Target No. 4:

Economic Growth & Development. The additional amenities to Nicholson Neighborhood Park will improve community participation for new recreational activities and provide a safe and well-maintained community park.

Fiscal Impact
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The fiscal impact associated with this item is $167,156.21 which will be funded from the Measure S Fund. There is sufficient budget available in the FY25/26 Capital Improvement Program (CIP) budget under the Nicholson CIP project to fully cover the cost of this second amendment. The budget expected to carryover from FY24/25 into FY25/26 is $744,847.21.

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

1. Approve Amendment No. 1 to the Professional Services Agreement with Z & K Consultants, Inc. in the amount of $167,156.21 for the Construction Management and Construction Inspection Services for Nicholson Park Improvements, increasing the not to exceed amount to $844,794 (Project); and

2. Authorize the City Manager or designee to execute all documents with Z & K Consultants, Inc.; and

3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 Amendment No. 2
Attachment 2 Proposal from Z & K Consultants, Inc.

Attachment 3 Original Professional Services Agreement
Attachment 4 Location Map
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

December 6, 2023 Award of Agreement with Urban Habitat for Construction of Nicholson Neighborhood Park Improvements (Ward 6)
February 21, 2024 Approval of Agreement for Construction Management and Inspection Services for the Nicholson Park Improvements (Ward 6)
September 4, 2024 Recommendation to Increase the Construction Contingency and Construction Management Budget for Nicholson Park
Improvement Project (Ward 6)
June 5, 2025 Amendment No. 1 to the Professional Services Agreement with Z&K in the amount of $144,158.90 and
authorization of additional project contingencies in the total amount of $14,415.89.

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CC: Eric Levitt, City Manager
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AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
WITH Z & K CONSULTANTS, INC.

This Amendment No. 2 to the Professional Services Agreement is made and entered into as of September 17, 2025 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Z & K Consultants, Inc., a California corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated, February 21, 2024, for the construction management and inspection services of the Nicholson Neighborhood Park Project (the “Master Agreement”).

B. WHEREAS, the City and the Consultant entered into Amendment No. 1 to the Original Agreement, dated June 4, 2025.,
C. WHEREAS, the Parties now desire to amend the Master Agreement in order to include additional services, extend the term of the Master Agreement, and to provide compensation for the additional services.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Amendment to Services. The Services, as that term is defined in the Master Agreement, are hereby amended to include additional services related to the Nicholson Neighborhood Park Improvements Project. The additional services are more fully described in Exhibit “A-1”, attached hereto to this Amendment No. 2 and incorporated herein by this reference.

3. Amendment to Section 4.b. of the Master Agreement. Section 4.b. of the Master Agreement shall be amended to read as follows:
“b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Eight Hundred FortyFour Thousand Seven Hundred Ninety-Four Dollars ($844,794.00). This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall Packet Page. 1165
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.”

4. Amendment to Section 6 of the Master Agreement. Section 6 of the Master Agreement shall be amended to read as follows:
“6. Term. This Agreement shall commence on February 21, 2024 and continue till July 31, 2026, unless earlier terminated as provided herein (“Term”).

Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines.”

5. Full Force. Except as amended by this Amendment No. 2, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.

6. Electronic Transmission. A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.

7. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO
AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
WITH Z & K CONSULTANTS, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt,
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Z & K CONSULTANTS, INC.

Signature
Name
Title
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EXHIBIT A-1

SCOPE OF ADDITIONAL SERVICES
[ATTACHED]
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``
BUDGET REQUEST – AMENDMENT NO. 2
August 13, 2025
Ramon "Eddie" Mendez, PE, Principal Civil Engineer
Public Works Engineering Division
209 North “D”, Public Works Department
San Bernardino, CA 92401
Subject: Budget Request (Amendment No. 2) for Additional Budget for Construction Management and Inspection Services - Nicholson Neighborhood Park Improvements Project Dear Mr. Mendez,
We are writing to formally request additional budget to extend our Construction Management and Inspection Services for the Nicholson Neighborhood Park Improvements Project. Our original fee proposal was $471,876.00, based on a 240- calendar-day construction schedule with an anticipated completion date of January 13, 2025. This included a 10% contingency of $47,187.00. Due to the construction extension, we utilized the contingency budget to extend services by an additional month beyond the original completion date.

Amendment No. 1 for Z&K was approved for $144,158.90, with a 10% contingency of $14,415.89, to support additional construction management and inspection services. This amendment, justified by the long lead time for construction materials and the prefabricated building, extended our term from February 21, 2024 to July 31, 2025.

This budget will allow us to continue providing Construction Manager, Senior Construction Inspector, and key support staff coverage throughout construction and closeout, ensuring all work is completed in compliance with project requirements and City standards. Below is a summary of the invoices to date:

Month Invoice No. Total Cumulative Remaining Budget
March 2024 2876 $ 17,928.00 $ 17,928.00 $ 501,135.60 $ 519,063.60 April 2024 2877 $ 23,829.00 $ 41,757.00 $ 477,306.60 $ 519,063.60 May 2024 2878 $ 53,020.00 $ 94,777.00 $ 424,286.60 $ 519,063.60 June 2024 2879 $ 51,703.00 $ 146,480.00 $ 372,583.60 $ 519,063.60 July 2024 2880 $ 52,758.00 $ 199,238.00 $ 319,825.60 $ 519,063.60 August 2024 2881 $ 58,373.00 $ 257,611.00 $ 261,452.60 $ 519,063.60 September 2024 2882 $ 51,131.00 $ 308,742.00 $ 210,321.60 $ 519,063.60 October 2024 2883 $ 46,190.00 $ 354,932.00 $ 164,131.60 $ 519,063.60 November 2024 2884 $ 45,301.00 $ 400,233.00 $ 118,830.60 $ 519,063.60 December 2024 2885 $ 46,053.00 $ 446,286.00 $ 72,777.60 $ 519,063.60 January 2025 2886 $ 48,661.00 $ 494,947.00 $ 24,116.60 $ 519,063.60 February 2025 2887 $ 41,666.50 $ 536,613.50 $ 141,024.29 $ 677,637.79 March 2025 2888 $ 43,119.00 $ 579,732.50 $ 97,905.29 $ 677,637.79 April 2025 2889 $ 27,692.00 $ 607,424.50 $ 70,213.29 $ 677,637.79 May 2025 2890 $ 26,031.50 $ 633,456.00 $ 44,181.79 $ 677,637.79 June 2025 2891 $ 26,829.50 $ 660,285.50 $ 17,352.29 $ 677,637.79 July 2025 2892 $ 23,532.50 $ 683,818.00 $ (6,180.21) $ 677,637.79 August 2025 2893 As-Needed - - -
September 2025 2894 As-Needed - - -
October 2025 2895 As-Needed - - -
November 2025 2896 As-Needed - - -
December 2025 2897 As-Needed - - -
January 2026 2898 As-Needed - - -
February 2026 2899 As-Needed - - -
March 2026 2900 As-Needed - - -
* Invoices in gray are included in this budget request
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``
Below is a breakdown of the hours assumed for August 2025 through March 2026:

Summary of Z&K Budget Request
Month Invoice
No.

CM/RE PM/OE Sr.

Inspector Subconsultant
Services Invoice Amount
$160.00 $133.00 $145.00
August 2025 2893 TBD TBD TBD TBD As-Needed
September 2025 2894 TBD TBD TBD TBD As-Needed
October 2025 2895 TBD TBD TBD TBD As-Needed
November 2025 2896 TBD TBD TBD TBD As-Needed
December 2025 2897 TBD TBD TBD TBD As-Needed
January 2026 2898 TBD TBD TBD TBD As-Needed
February 2026 2899 TBD TBD TBD TBD As-Needed
March 2026 2900 TBD TBD TBD TBD As-Needed
Total Amount As-Needed As-Needed As-Needed As-Needed As-Needed July 2025 Overage $6,180.21
Total Budget Request $167,156.21
We kindly request approval for additional funding to cover these extended services. We are committed to maintaining the highest standards of service and ensuring that the project remains on track to meet the City's expectations.

Please feel free to contact me directly if you have any questions or require additional information. We appreciate your continued partnership and look forward to your prompt response.

Sincerely,
Crystal Fraire, PE
Principal-in-Charge
17130 Van Buren Blvd. #122, Riverside, CA 92504
Phone. 951.310.7470 | [email protected]
Packet Page. 1170
1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND Z & K CONSULTANTS, INC.

This Agreement is made and entered into as of February 21, 2024 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Z & K Consultants, Inc. a California corporation with its principal place of business at 17130 Van Buren Boulevard #122 Riverside, CA 92504 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

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

Construction Management and Inspection Services for Nicholson Park Improvements (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 Packet Page. 1171
2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $519,063 This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

Consultant may submit invoices to City for 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 as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”).

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

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

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 Packet Page. 1172
3 control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

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

13. City Business Certificate. Consultant shall, prior to execution of this DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 Packet Page. 1173
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.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

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

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

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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
Aviation and/or Drone Liability $1,000,000 per occurrence limit (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 Packet Page. 1177
8 Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(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: 265AEA23-F17C-48C3-B42F-0083B98E7759 Packet Page. 1181
12 Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

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

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

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

CITY:

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

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

Z&K Consultants Inc.
17130 Van Buren Boulevard #122
Riverside, CA 92504
Attn: Crystal Fraire

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

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

32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters 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.

44. Federal Provisions. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
f. Federal contract provisions attached hereto as Exhibit “B” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND Z & K CONSULTANTS, INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles A. Montoya
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Z & K CONSULTANTS, INC.

Signature
Name
Title
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President
Packet Page. 1185
16 EXHIBIT A

SCOPE OF SERVICES/SCHEDULE OF CHARGES AND PAYMENTS/ACTIVITY

SCHEDULE
[ATTACHED]
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17 EXHIBIT B

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “B”.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

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18 (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

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19 The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 Packet Page. 1189
20 excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency..
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 Packet Page. 1190
21 and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 Packet Page. 1191
22 solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPAdesignate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:

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23 (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
(c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

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24 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND

CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing.

Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R.

Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
(v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R.

Part 20.
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 Packet Page. 1194
25 discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance.
(v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
(ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
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26 (2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce onthe-job seat belt policies and programs for their employees when operating companyowned, rented or personally owned vehicles, and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers.
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 Packet Page. 1196
27 and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.
(iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.
(vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.

Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act DocuSign Envelope ID: 265AEA23-F17C-48C3-B42F-0083B98E7759 Packet Page. 1197
28 of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.

Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI.
(ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the noncompliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.
(x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Authorization to Issue Two Task Orders with
Infrastructure Engineers for Inspection Services in
Support of the City’s Capital Improvement Program
and Land Development for a total amount not to exceed
$450,000 (All Wards)
Recommendation:

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

1. Approve Task Order No. 2026-001 with Infrastructure Engineers, A Bowman Company, in the amount of $250,000 for inspection services in support of the City’s Capital Improvement Program (CIP); and

2. Approve Task Order No. 2026-002 with Infrastructure Engineers, A Bowman Company, in the amount of $200,000 for inspection services in support of the Land Development Division; and

3. Authorize the City Manager, or designee, to execute both task orders and any related documents necessary to implement these services, consistent with the terms of the existing Professional Services Agreement with Infrastructure Engineers.

Executive Summary:

The Public Works Department seeks approval to issue two task orders to Infrastructure Engineers, A Bowman Company, under the City’s existing on-call Professional Services Agreement. These task orders support the continued delivery of high-quality inspection services needed to manage and monitor capital projects across the City. Funding has already been appropriated for these purposes, as such no additional appropriation is being requested. Approval of this item will allow uninterrupted support from Infrastructure Engineers, A Bowman Company.

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Background
In August 2022, the City awarded on-call agreements with multiple firms, including Infrastructure Engineers, to provide inspection services for various capital improvement and development-related projects. These services allow the City to remain flexible and responsive to increased workloads and specialized inspection needs.

Infrastructure Engineers, now part of Bowman, has successfully supported Public Works projects through high-performing inspectors and responsive staff augmentation services. Their experience with municipal infrastructure, familiarity with City standards, and demonstrated performance have made them a key partner in delivering timely, compliant public works improvements.

Bowman’s services have included the following:
• Construction Inspection
• Project Monitoring and Documentation
• Permit Compliance and Environmental Monitoring
• Land Development Oversight
• Capital Project Support
• Code and Standards Enforcement
• Technical Consultation
Discussion
Task Order No. 2025-001 in the amount of $250,000 will provide inspection services to directly support CIP-related construction activity. These services will ensure that public infrastructure projects, such as roadway improvements, traffic signal systems, storm drain facilities electrical systems for the parks and buildings projects currently in construction and various city facility upgrades.,
The scope also includes inspection and coordination with Southern California Edison, the Gas Company, San Bernardino Municipal Water Department, and East Valley Municipal Water to ensure adherence to utility standards plans, specifications, and various industry safety standards. Bowman’s familiarity with the City’s procedures and expectations allows their inspectors to integrate seamlessly with Public Works staff and deliver efficient, professional service without the need for extended onboarding.

Task Order No. 2026-002, in the amount of $200,000, will support the Land Development Division by providing inspection services for development permits issued to private sector projects. These inspections focus on grading, right-of-way improvements, and compliance with development conditions, and are necessary to ensure that privately constructed improvements meet City standards before being accepted into the public infrastructure network. This task order is essential to maintaining consistent service levels in the face of active development activity across the City. These inspections focus on grading and earthwork, concrete slabs, storm Packet Page. 1202
water compliance, development condition monitoring, as built verification and final acceptance, and developer coordination.

Both task orders are issued under the extension terms of the existing Professional Services Agreement and will allow for uninterrupted, responsive support from Infrastructure Engineers, A Bowman Company, and will provide services through June 30, 2026.
2021-2025 Strategic Targets and Goals
This action aligns with Key Strategic Target and Goal No. 1: Improved Operational & Financial Capacity. Approval of the proposed task orders will support the City’s ability to deliver critical development reviews and environmental compliance services efficiently and effectively. These services contribute to the timely construction of public improvements, ensure regulatory obligations are met, and enhance the City’s overall capacity to manage growth and infrastructure demands.

Fiscal Impact
The total fiscal impact associated with this item is $450,000. The $250,000 task order to support the CIP will be funded by the previously approved FY 2025/26 CIP budget on a project-by-project basis. There is sufficient budget in the Department’s FY2025- 26 operating budget for Professional Services to cover the $200,000 needed to support the Land Development Division in the amount of $1,200,000.

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

1. Approve Task Order No. 2026-001 with Infrastructure Engineers, A Bowman Company, in the amount of $250,000 for inspection services in support of the City’s Capital Improvement Program (CIP); and

2. Approve Task Order No. 2026-002 with Infrastructure Engineers, A Bowman Company, in the amount of $200,000 for inspection services in support of the Land Development Division; and

Attachments
Attachment 1 Task Order Number 2026-001- Infrastructure Engineers Attachment 2 Task Order Number 2026-002 - Infrastructure Engineers Attachment 3 On-Call Professional Services Agreement, Infrastructure Engineers, A Bowman Company
Ward:

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All Wards
Synopsis of Previous Council Actions:

August 17, 2022 The Mayor and City Council approved Consultant Services Agreements with Z&K Consultants, GK & Associates, and
Infrastructure Engineers to provide on-call inspection services in support of the City’s Capital Improvement Program.

CC: Eric Levitt, City Manager
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1 EXHIBIT B

TASK ORDER
Task Order No. 2026-001
Agreement: On-Call Professional Services Agreement Between the City of San Bernardino and Infrastructure Engineers, A Bowman Company Consultant: Infrastructure Engineers, A Bowman Company
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:
• Inspection services in support of the City’s Capital Improvement Program (CIP) List of any attachments:

1. Scope of Services

2. On-call Professional Services Agreement between the City of San Bernardino Public Works Department and Infrastructure Engineers, A Bowman Company Dollar Amount of Task Order: Not to exceed $250,000.00
Completion Date: June 30, 2026
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF SAN BERNARDINO INFRASTRUCTURE ENGINEERS, A

BOWMAN COMPANY
Dated: Dated:

By: By:

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1 September 2, 2025
Ramon Mendez, PE
Public Works-Engineering Division
City of San Bernardino
201 N. E. Street, 2nd Floor
San Bernardino, CA
Re: Proposal for FY 2025/2026 for Inspection Services in Support of the City’s Capital Improvement Program
Dear Ramon:

We are pleased to submit this Proposal to provide the inspection services in Support of the City’s Capital Improvement Program and Land Development. This proposal is prepared in accordance with the Request from the City on September 2, 2025.

SCOPE OF SERVICES
The scope of work will be:

Task 1 – Inspection services in support of the City’s Capital Improvement Program (CIP) The scope of work includes providing inspection services to directly support CIP-related construction activity. These services will ensure that public infrastructure projects, such as roadway improvements, traffic signal systems, storm drain facilities electrical systems for the parks and buildings projects currently in construction and various city facility upgrades.

The scope also includes inspection and coordination with Southern California Edison, the Gas Company, San Bernardino Municipal Water Department, and East Valley Municipal Water to ensure adherence to utility standards plans, specifications, and various industry safety standards. Bowman’s familiarity with the City’s procedures and expectations allows their inspectors to integrate seamlessly with Public Works staff and deliver efficient, professional service without the need for extended onboarding.

PROPOSED FEES
Compensation for the above tasks is based on Time and Material at the following hourly rates per our current agreement:

Hourly rates are automatically increases on July 1st of each year at the annual Consumer Price Index for All Urban Consumers (CPI-U), Los Angeles County area increase rates for the preceding 12 months period as published by the Bureau of Labor Static.

TASK Description Hourly Rates
1 Inspector for Capital Improvement Program (CIP) $115
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2 The above schedule is for straight time. Overtime will be charged at 1.5 times. Sunday and Holidays are charged at 2.0 times the standard time. Deposition and court appearances will be charged at 1.5 times the listed billing rates.

EXCLUSIONS
The following services are specifically excluded from the scope of this agreement and may be performed as contract addendums upon request:
• Items not specifically delineated in Scope of Services.

OTHER TERMS
This proposal is based on the scope of services indicated herein and the information available at the time of the proposal preparation. If any additional services are required due to unforeseen circumstances and/or conditions, Client or regulatory requested revisions, additional meetings, regulatory changes, etc., Upon verbal or written direction to proceed with performance of the services described herein, this Proposal, along with all attachments thereto, will constitute a binding agreement (the “Agreement”) between Bowman Infrastructure Engineers Ltd. d/b/a Infrastructure Engineers, a Bowman Company (“Infrastructure Engineers”) and the City of San Bernardino (the “Client”).

Sincerely,
BOWMAN INFRASTRUCUTRE ENGINEERS LTD.

Farzad Dorrani, MS
Principal and Branch Manager
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1 EXHIBIT B

TASK ORDER
Task Order No. 2026-002
Agreement: On-Call Professional Services Agreement Between the City of San Bernardino and Infrastructure Engineers, A Bowman Company Consultant: Infrastructure Engineers, A Bowman Company
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:
• Inspection services in support of Land Development
List of any attachments:

1. Scope of Services

2. On-call Professional Services Agreement between the City of San Bernardino Public Works Department and Infrastructure Engineers, A Bowman Company
Dollar Amount of Task Order: Not to exceed $200,000
Completion Date: June 30, 2026
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF SAN BERNARDINO INFRASTRUCTURE ENGINEERS, A

BOWMAN COMPANY
Dated: Dated:

By: By:

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1 September 2, 2025
Ramon Mendez, PE
Public Works-Engineering Division
City of San Bernardino
201 N. E. Street, 2nd Floor
San Bernardino, CA
Re: Proposal for FY 2024-2025 for Inspection Services in Support of the City’s Land Development Division
Dear Ramon:

SCOPE OF SERVICES
The scope of work will be:

Task Order No. 2026-002 – Inspection services in support of the Land Development Division.

The scope of work includes providing inspection services to support the Land Development Division by providing inspection services for development permits issued to private sector projects. These inspections focus on grading, right-of-way improvements, and compliance with development conditions, and are necessary to ensure that privately constructed improvements meet City standards before being accepted into the public infrastructure network.

These inspections focus on grading and earthwork, concrete slabs, storm water compliance, development condition monitoring, as built verification and final acceptance, and developer coordination.

PROPOSED FEES
Compensation for the above tasks is based on Time and Material at the following hourly rates per our current agreement:

TASK Description Hourly Rates
2026-002 Inspector for Land Development Division $105
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2 The above schedule is for straight time. Overtime will be charged at 1.5 times. Sunday and Holidays are charged at 2.0 times the standard time. Deposition and court appearances will be charged at 1.5 times the listed billing rates.

Sincerely,
BOWMAN INFRASTRUCUTRE ENGINEERS LTD.

Farzad Dorrani, MS
Principal and Branch Manager
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Authorization to Issue Two Task Orders with Willdan Engineering for Plan Check, and Staff Augmentation
Services in Support of the Land Development Division
for a total amount not to exceed $800,000 (All Wards)
Recommendation:

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

1. Authorize Task Order No. 2026-001 with Willdan Engineering in the amount of $600,000 for the provision of plan check services in support of the Land Development Division; and

2. Authorize Task Order No. 2026-002 with Willdan Engineering in the amount of $200,000 for the provision of staff augmentation in support of the Land Development Division; and

3. Authorize the City Manager or designee to execute both task orders and any related documents necessary to implement these services, consistent with the terms of the existing on-call Professional Services Agreement with Willdan Engineering.

Executive Summary:

The Public Works Department requests authorization to execute two task orders under the City's existing on-call Professional Services Agreement with Willdan Engineering. These task orders are necessary to support critical departmental functions, including plan check and staff augmentation services related to land development activities. Both task orders will be funded using General Fund department budgets that have already been appropriated for these purposes. No additional appropriation is being requested. Approval of this item will allow the continuation of the services needed and the establishment of purchase orders to ensure timely and uninterrupted support from Willdan Engineering.

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Background
In June 2021, the Mayor and City Council adopted Resolution No. 2021-205, approving an On-Call Professional Services Agreement between the City of San Bernardino and Willdan Engineering. The agreement authorized a three-year term, effective July 1, 2021, through July 1, 2024, with two additional one-year extension options through June 30, 2026. The purpose of the agreement is to provide on-call support for plan checks and other professional engineering and staffing services across multiple civil engineering disciplines within the Public Works Department.

Services included under the agreement can be authorized through individual task orders.

Discussion
As the City continues to experience steady development activity and increasing regulatory demands, the need for consistent, high-quality technical support remains critical. The Land Development Division relies on timely plan reviews and responsive field inspections to ensure that private development projects meet City standards and are delivered in alignment with approved conditions. Continued support from Willdan Engineering will allow the division to maintain service levels, uphold public safety standards, and avoid project delays.

These services are critical for managing fluctuating workloads and supplementing City staff capacity, particularly in areas requiring specialized technical expertise.

This includes structural engineering, geotechnical analysis(soils), retaining wall design, stormwater and drainage systems, grading and site development traffic engineering and other civil engineering disciplines that support the review and delivery of land development improvements, especially during peak development cycles or when staffing resources are limited.

Executing these two task orders will ensure that the Land Development Division have the technical and staffing resources necessary to meet current demands. The funding for both task orders has already been programmed within the Public Works Department’s current General Fund operating budgets, and no additional appropriations are being requested at this time. Establishing purchase orders tied to these task orders will allow services to proceed without interruption, supporting the City’s ongoing development projects. The two task orders will provide services through June 30, 2026.
2021-2025 Strategic Targets and Goals
This action aligns with Key Strategic Target and Goal No. 1: Improved Operational and Financial Capacity. Approval of the proposed task orders will support the City’s ability to deliver critical development reviews and environmental compliance services efficiently and effectively. These services contribute to the timely construction of public improvements, ensure regulatory obligations are met, and enhance the City’s overall capacity to manage growth and infrastructure demands.

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Fiscal Impact
The total fiscal impact associated with this item is $800,000. There is sufficient budget in the Department’s FY2025-26 operating budget for Professional Services to support the Land Development Division in the amount of $1,200,000.

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

1. Authorize Task Order No. 2026-001 with Willdan Engineering in the amount of $600,000 for the provision of plan check services in support of the Land Development Division; and

2. Authorize Task Order No. 2026-002 with Willdan Engineering in the amount of $200,000 for the provision of staff augmentation in support of the Land Development Division; and

Attachments
Attachment 1 Task Order 2026-001 – Willdan Engineering
Attachment 2 Task Order 2026-002 – Willdan Engineering
Attachment 3 On-Call Professional Services Agreement, Willdan Engineering Attachment 4 Resolution No. 2021-205
Attachment 5 Resolution No. 2021-237
Ward:

All Wards
Synopsis of Previous Council Actions:

September 2, 2014 Resolution 2014-327 approving a Consultant Services Agreement with Willdan Engineering and CSG Consultants, Inc. to provide building inspection and counter technician services to keep pace with the increase in plan check
submittals and building inspections requests. The Agreement also includes services for Plan Review, Inspection, Stormwater Management, Fire and Life Safety Plan Review, Building
Official and Counter Services not to exceed $355,000.00.

February 7, 2015 Resolution 2015-28 approving amendment two to increase the contract amount of the Professional Services Agreement with Willdan Engineering by $180,000.00 (increases the total amount of the agreement to $535,000.00).

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March 21, 2016 Resolution 2016-51 approving amendment three to increase the contract amount of the Professional Services Agreement with Willdan Engineering in the amount not to exceed
$705,000.00.

July 18, 2016 Resolution 2106-147 approving amendment four to increase the contract amount of the Professional Services Agreement with Willdan Engineering in an amount not to exceed
$835,000.00.

July 5, 2017 Resolution 2017-121 approving amendment five to increase the contract amount of the Professional Services Agreement with Willdan Engineering in an amount not to exceed
$1,190,000.00.

June 5, 2019 Resolution 2019-151 approving amendment six to increase the contract amount of the Professional Services Agreement with Willdan Engineering in an amount not to exceed
$1,500,000.00 for a term ending September 30, 2019, with two six-month extensions.

October 7, 2020 Resolution 2020-247 approving amendment seven to the Professional Services Agreement with Willdan Engineering for a period of six months with an additional three months to cover any unforeseen circumstances.

August 18, 2021 Mayor and City Council adopted Resolution No. 2021- 205 approving the award of a three-year Professional Services Agreements between the City of San Bernardino and Willdan Engineering for on-call plan check, inspection, and
stormwater management services.

September 15, 2021 Mayor and City Council adopted Resolution No. 2021-237 approving the authorization of the Director of Finance to amend the FY 2021/22 operational budget and appropriate funds in the amount of $250,000 from the General Fund to the Public Works expense budget for plan check, inspection, and stormwater management services.

August 17, 2022 Issuance of a Purchase Oder to Willdan Engineering, Inc. for On-Call Plan Check Services
CC: Eric Levitt, City Manager
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1 EXHIBIT B

TASK ORDER
Task Order No. 2026-001
Agreement: On-Call Professional Services Agreement Between the City of San Bernardino and WILLDAN ENGINEERING
Consultant: WILLDAN ENGINEERING
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:
• Civil Engineering Plan Check Services
List of any attachments:

1. Scope of Services

2. On-call Professional Services Agreement between the City of San Bernardino Public Works Department and Wildan Engineering
Dollar Amount of Task Order: Not to exceed $600,000
Completion Date: June 30, 2026
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF SAN BERNARDINO WILLDAN ENGINEERING
Dated: Dated:

By: By:

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September 5, 2025
Ms. Susan Pan, P.E., QSD/QSP
Land Development Manager
City of San Bernardino
201 North E Street, 2nd Floor
San Bernardino, CA 92401
Subject: Proposal to Provide Development Review Services Dear Ms. Pan:

Willdan Engineering (Willdan) is pleased to submit this proposal to provide the City of San Bernardino with land development review services. Willdan brings to the City of Bernardino more than 61 years of experience and a record of unmatched service to over 500 public agencies.

Willdan has more than six decades of experience providing a wide range of professional engineering services to local government agencies throughout Southern California and the Western United States. Municipal engineering services include development review, staff augmentation, city engineering, civil and traffic engineering design, water/wastewater engineering, structural design, project management, project approval/environmental design (PA/PE), environmental documentation, right-of-way engineering, utility coordination and relocation design, survey, geotechnical engineering, materials testing, and construction management/inspection. Additional services include State and Federal labor compliance, plan check, encroachment permit issuance/inspection, stormwater/NPDES compliance and implementation, and landscape architectural design. Willdan’s sole focus is on the needs of the public sector, providing us with a thorough understanding of public agency issues and placing Willdan at the top of the list of private consulting firms.

Willdan is uniquely qualified to undertake this important task order assignment for the City of San Bernardino:
▪ Knowledge of the City – Willdan’s familiarity with the City of San Bernardino, combined with our proven experience in land development plan check and inspection, staff augmentation, civil and traffic engineering, construction management and inspection, and building and safety services, positions us to quickly initiate work and effectively address issues as they arise throughout the contract.
▪ Extensive Resources. Willdan has over 350 staff members located in 14 California offices -- over 1,700 employees in 50+ offices nationwide. Our deep Packet Page. 1231
September 5, 2025

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Mayor and City CouncilSeptember 17, 2025

Mayor and City Council
September 17, 2025